You are an installation Landscape Contractor who uses pre-emergent herbicides during the building phase of a new landscape. Do you need to be licensed to apply pesticides?

The answer to this question is no. If you are applying any pesticides during the installation phase of the project, then the work falls under the umbrella of your general contractors license. But, once the project is finished, if you are hired to maintain the property, you cannot spray any pesticides without being licensed.

Scenario #2

If your business is primarily in the field of landscape maintenance for commercial or residential properties, do you need to have a license to spray pesticides? Weed killing is not your primary business but every now and then you do need to spray some herbicide or insecticide to maintain a beautiful landscape. Since the application of pesticides is incidental to the regular maintenance work, a license is necessary.

You will need to obtain a Qualified Applicator Certificate (QAC) or Qualified Applicator License (QAL) with a special category for landscape maintenance.

The first step in obtaining your QAC or QAL is to contact the Agricultural Commissioner in your county and collect two sets of paperwork: an application for the QAC or QAL and an application for a Maintenance Gardner Pest Control Business License. The next step is to fill out the QAC or QAL application by filling in the information, choosing a date and time for the exam, and obtaining the appropriate study material (Exam dates and study material list are included in the application packet). You will need to pass two tests before you can obtain your Certificate or License. The first will test your knowledge in the basic laws and regulations pertaining to pesticide applications and the second test will focus on the specific category that you selected (in this scenario Maintenance Gardner). Be sure to allow at least one hour for each of the tests.

Once your silver colored QAC or brown QAL card arrives in the mail you need to fill out the application for the Maintenance Gardner Pest Control Business License and send the completed form, with fees, to the Department of Pesticide Regulation. When you receive your business license then you will be certified to apply pesticides in the categories for which you tested and passed. To obtain additional categories a new exam must be taken.

Continuing education is an important part of keeping your license up to date. With a QAC or QAL you are required to accumulate at least 20 hours of approved continuing education every two years before certificate renewal. Four of the 20 hours must cover the topic of pesticide laws and regulations. For QAC and QAL holders who have only the Landscape Maintenance Category and who have a valid Maintenance Gardner Pest Control Business License only eight hours of education, two of which must cover the topic of pesticides and pest control laws and regulations.

The Pesticide Applicators Professional Association (831-442-3536, www.papaseminars.com) is one of the organizations that hosts seminars where Landscape Contractors can accumulate continuing education hours.

Scenario #3

Bob Smith decided that he wanted to go into business for himself as a weed control company. Before he started his company, he visited the County's Agriculture Commissioner and found out that he needed a Qualified Applicator License (QAL) to go into business. A QAL is needed because Mr. Smith will be engaged in pest control for hire, not incidentally. After he receives his QAL he needs to obtain a Pest control business License. This type of license is required for people who perform the following types of activities:

• Ground and aerial pest control applications.

• Farm management companies when their services include pest control.

• Pacing houses, shippers, storage facilities, and other processors who treat agricultural commodities owned by another person or firm.

• Companies that perform pest control along right-of-ways.

After he submitted his application fee, he was provided with a listing of appropriate materials to study before the exam. As with the QAC, he will need to take the basic laws and regulation test in addition to the tests for his selected categories. See side bar for available category listing.

Every two years, Mr. Smith will need to renew his QAL. This requires 20 hours of approved continuing education and four of those hours must cover the topic of pesticide laws and regulations. If a QAL holder has only the Landscape Maintenance Category (B) and a Maintenance Gardner Pest Control Business License, it is only necessary to complete 8 hours of continuing education in a two year period.

There are many additional regulatory responsibilities that certificate and license holders must adhere to. For example, it is necessary to register with the county agricultural commissioner (CAC) in each county where work is performed. Mr. Smith will need to retain records of pesticide use for two years and submit monthly pesticide usage reports to the CAC. LCM