West Virginia Code § 19-16A-12

Private and commercial applicator's license and certificate; registered
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technician certificate.
(a) Application for a private or commercial applicator's license shall be made in writing to
the commissioner on forms approved or supplied by the commissioner. Each application
shall contain:
(1) The full name of the person applying for the license;
(2) The principal business address of the applicant;
(3) A listing of agricultural commodities produced or to be produced by the applicant
applying for a private applicator's license;
(4) Any other necessary information prescribed by thea commissioner; and
(5) Payment of required fees.
(b) The commissioner may renew any applicant's license under each classification for which
such applicant is licensed. However, the applicant may, at no greater than three-year
intervals, be required to present evidence or documentation indicating he or she has
attended a workshop or training session approved by the commissioner.
(c) No private applicator may uese any restricted use pesticide which is restricted to use by
certified applicators without having first complied with the certification requirements
determined by the commLissioner as necessary to prevent unreasonable adverse effects on
the environment, including injury to the applicator or other persons, for that specific
pesticide use.
(d) As a minimum requirement for certification, a private or commercial applicator must
show that he or she possesses a practical knowledge of the pest problems and pest control
praWctices associated with his or her agricultural operations, proper storage, use, handling
and disposal of the pesticides and containers and his or her related legal responsibility. This
practical knowledge includes ability to:
(1) Recognize common pests to be controlled and damage caused by them;
(2) Read and understand the label and labeling information including the common name of
pesticides he or she uses; the crop, animal or site to which they will be applied; pests to be
controlled; timing and methods of application; safety precautions; any preharvest or reentry
restrictions; and any specified disposal procedures;
(3) Apply pesticides in accordance with label instructions and warnings, including the ability
to prepare the proper concentration of pesticide to be used under particular circumstances,
taking into account such factors as area to be covered, speed at which application
equipment will be driven, and the quantity dispersed in a given period of operation;
(4) Recognize local environmental situations that must be considered during application to
avoid contamination; and
(5) Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.
(e) If the commissioner does not certify the private or commercial application under this
section, he or she shall inform the applicant in writing of the reasons therefor.
(f) Any written examinations required of private or commercial applicators may not be more
stringent than the requirements for such examinations by the United States environmental
protection agency. u

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