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803-1. Words in the singular form, 12 VI ADC § 803-1 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 1 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 1. Definitions 12 V.I. R. & Regs. § 803-1 803-1. Words in the singular form Words used in the singular form in this chapter shall include the plural, and vice versa, as the case may require. Current through May 27, 2021 12 V.I. R. & Regs. § 803-1, 12 VI ADC § 803-1 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-2. Definitions of words and terms, 12 VI ADC § 803-2 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 2 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 1. Definitions 12 V.I. R. & Regs. § 803-2 803-2. Definitions of words and terms For the purposes of this chapter, the following terms shall have the following meanings, wherever used or referred to in these regulations, except as otherwise indicated by the text thereof. (a) “Act” means Act No. 3750, approved on October 21, 1975, known as “Virgin Islands Pesticide Control Act” [FN1] [FN1] 12 V.I.C. § 801 et seq. (b) “Agricultural commodity” means any plant, or part thereof, or animal or animal product, produced by any person, primarily for sale, consumption, propagation or for any other use by man or animals. (c) “Certification” means the recognition granted by the Commissioner assuring that an individual is competent and is, thus, authorized to use or supervise the use of restricted use pesticides. (d) “Certified applicator” means any individual certified under the Act and this chapter as authorized to use or supervise the use of any pesticide classified for restricted use, covered by his certification. (e) “Commercial applicator” means a certified applicator, whether or not he is a private applicator with respect to some uses, who uses or supervises the use of any pesticides classified for restricted use for any purpose or on any property, and which is not covered by the definition of the term “private applicator.” (f) “Commissioner” means the Commissioner of the Department of Conservation and Cultural Affairs or his authorized representative. 803-2. Definitions of words and terms, 12 VI ADC § 803-2 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 3 (g) “Competent” means properly qualified to perform functions associated with pesticides application, the degree of capability of which is determined by the nature of the activity and the associated responsibility. (h) “Department” means the Department of Conservation and Cultural Affairs. (i) “Environment” means water, air, land and plants as well as man and animals living therein, and the inter-relationships which exist among them. (j) “Non-target organism” means a plant or animal other than the one against which the pesticide is applied. (k) “Ornamental” means trees, shrubs, or other plantings located generally, but not necessarily, in urban and suburban areas, including residences, parks, streets, commercial outlets, and industrial and institutional buildings. (l) “Person” means any individual, partnership, association, corporation, or any other organized group of persons, whether incorporated or not. (m) “Practical knowledge” means the possession of pertinent facts and comprehension together with the ability to use them in dealing with specific problems and situations. (n) “Private applicator” means a certified applicator who uses or supervises the use of any pesticide classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer; or on the property of another person, if it is applied without compensation other than trading of personal services between producers of agricultural commodities. (o) “Regulated pest” means a specific organism considered by a state or federal agency to be a pest requiring regulatory restrictions or control procedures in order to protect the host, man and/or his environment. (p) “Restricted use pesticide” means a pesticide classified for restricted use by the Environmental Protection Agency of the United States and the Department, under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act [FN1] as amended, and under and this chapter. [FN1] 12 V.I.C. § 801 et seq. (q) “Toxicity” means the property of a pesticide to cause any adverse physiological effects. 803-2. Definitions of words and terms, 12 VI ADC § 803-2 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 4 (r) “Under the direct supervision of” means the act or process whereby a pesticide is applied by a competent individual acting under the instructions and control of a certified applicator, who is responsible for the actions of that first individual and who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is being applied. (s) “Virgin Islands” means the Territory of the U.S. Virgin Islands. Current through May 27, 2021 12 V.I. R. & Regs. § 803-2, 12 VI ADC § 803-2 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-11. Dealer’s register, 12 VI ADC § 803-11 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 5 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 2. Administration and Enforcement 12 V.I. R. & Regs. § 803-11 803-11. Dealer’s register (a) The authority of the Commissioner shall include the right to sample pesticides. (b) All dealers and/or retailers desiring to sell “Restricted Use” pesticides shall inform the Commissioner in writing prior to the commencement of such sale on a form that may be provided for that purpose. (c) Said dealers and/or retailers shall maintain a register of all purchasers of “Restricted Use” pesticides. This register shall include all information requested by the Commissioner. (d) Purchasers must sign the register as the “Restricted Use” pesticide is purchased and shall attest to certain conditions or facts as may be required. (e) The register must be submitted to the Commissioner on the last day of June and December of each year. Current through May 27, 2021 12 V.I. R. & Regs. § 803-11, 12 VI ADC § 803-11 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-12. Identification, 12 VI ADC § 803-12 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 6 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 2. Administration and Enforcement 12 V.I. R. & Regs. § 803-12 803-12. Identification (a) Each commercial applicator who is duly certified shall be provided with equipment tags. These stickers shall be prominently displayed on opposite sides of each vehicle used in transporting such equipment. (b) Each certified commercial applicator shall be provided by the Department with suitable means of identification for use in the purchase of “Restricted Use” pesticides for his category or subcategory of certification. (c) Each certified private applicator shall be provided by the Department with suitable means of identification for use in purchasing “Restricted Use” pesticides as specified in the certificate issued to him. Current through May 27, 2021 12 V.I. R. & Regs. § 803-12, 12 VI ADC § 803-12 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-13. Reserved., 12 VI ADC § 803-13 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 7 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 2. Administration and Enforcement 12 V.I. R. & Regs. § 803-13 803-13. Reserved. Current through May 27, 2021 12 V.I. R. & Regs. § 803-13, 12 VI ADC § 803-13 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-21. Categories and subcategories of certified applicators, 12 VI ADC § 803-21 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 8 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 3. Classification of Certified Applicators 12 V.I. R. & Regs. § 803-21 803-21. Categories and subcategories of certified applicators Applicators using or supervising the use in the Virgin Islands of pesticides classified for restricted use, shall be certified by categories and subcategories, depending upon the occupation or type of activity performed by the applicator. Categories and subcategories of applicators to be certified under the provisions of this chapter are established below. Current through May 27, 2021 12 V.I. R. & Regs. § 803-21, 12 VI ADC § 803-21 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-22. Commercial applicators--Subcategories, 12 VI ADC § 803-22 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 9 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 3. Classification of Certified Applicators 12 V.I. R. & Regs. § 803-22 803-22. Commercial applicators--Subcategories (a) Agricultural Pest Control (1) Plant Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides in the production of agricultural crops. (2) Animal Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides on animals, including, but not limited, to the foregoing; bovine (dairy and beef cattle), procine ovine, caprine and equine cattle and poultry, as well as the structures and places where said animals are confined or kept. (b) Ornamental and Turf Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides to control pests in the maintenance and production of ornamental trees and shrubs, flowers, and turf. (c) Industrial, Institutional, Structural and Health Services Pest Control. This category includes commercial applicators using or supervising the use of restricted use pesticides for the protection of stored, processed, or manufactured products, as well as in, on, or around food handling establishments; human dwellings; institutions such as schools and hospitals; industrial establishments, including warehouses and grain elevators, and any other structures and adjacent areas, whether public or private. (d) Public Health Pest Control. This category includes governmental employees of the Government of the Virgin Islands, of the Federal Government, or any other governmental employees using or supervising the use of restricted use pesticides in public health programs for the management and control of pests. (e) Regulatory Pest Control. This category includes governmental employees of the Government of the Virgin Islands or of the Federal Government, or any other governmental employees using or supervising the use of restricted use pesticides for control of regulated pests. 803-22. Commercial applicators--Subcategories, 12 VI ADC § 803-22 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 10 (f) Demonstration and Research Pest Control. This category includes the following: (1) Individuals who demonstrate to the public the proper use and techniques of application of restricted use pesticides or who supervise such demonstration. Included in this group are persons using restricted use pesticides, such as Agricultural Extension Services specialists, Vocational Agriculture teachers, commercial firms representatives who conduct demonstrations, and those individuals who perform demonstrations about methods used in public programs. (2) Individuals conducting field research with pesticides, and who in doing so, use or supervise the use of restricted use pesticides. Included in this group are employees of the Government of the Virgin Islands, of the Federal Government, or of commercial firms, as well as other persons performing field research in which restricted use pesticides are used. Current through May 27, 2021 12 V.I. R. & Regs. § 803-22, 12 VI ADC § 803-22 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-23. Private applicators--Subcategories, 12 VI ADC § 803-23 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 11 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 3. Classification of Certified Applicators 12 V.I. R. & Regs. § 803-23 803-23. Private applicators--Subcategories No category or subcategory for the certification of private applicators of restricted use pesticides is established. Said private applicators shall be certified according to the provisions hereinafter provided in sections 803-41 to 803-43 of this chapter. Current through May 27, 2021 12 V.I. R. & Regs. § 803-23, 12 VI ADC § 803-23 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-31. Prohibitions, 12 VI ADC § 803-31 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 12 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 4. Requirement of Certification 12 V.I. R. & Regs. § 803-31 803-31. Prohibitions (a) No person shall engage in the application of restricted use pesticides in the Virgin Islands, unless he possesses a valid applicator certificate issued by the Commissioner. Said certificate shall not be necessary when the person applies such pesticides under the direct supervision of a certified applicator. (b) No commercial applicator shall engage in the application of restricted use pesticides in categories or subcategories other than those specified in the certificate issued to him. (c) In addition, no private applicator shall engage in the use of restricted use pesticides other than as specified in the certificate issued to him. (d) Water systems that are used or may be used for human or animal consumption shall not be used to supply or fill pesticide equipment without anti-back-syphon devices to prevent pesticides being drawn into the system. Current through May 27, 2021 12 V.I. R. & Regs. § 803-31, 12 VI ADC § 803-31 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-32. Supervision of noncertified applicators by certified..., 12 VI ADC § 803-32 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 13 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 4. Requirement of Certification 12 V.I. R. & Regs. § 803-32 803-32. Supervision of noncertified applicators by certified applicators (a) The requisite degree of supervision to be exercised by any certified applicator over non-certified applicators in the application of restricted use pesticides shall depend upon the hazard presented by the use of the specific pesticide involved. In cases where the applicator is not required to be physically present, “direct supervision” shall be understood in the sense that the noncertified applicators have verifiable instructions regarding each of the following: (1) instructions for applying the pesticide properly; (2) instructions for contacting the certified applicator in the event he is needed. (b) When required by the labeling of any restricted use pesticides, the physical presence of the certified applicator shall be indispensable, when the pesticide is going to be used by a noncertified applicator. Current through May 27, 2021 12 V.I. R. & Regs. § 803-32, 12 VI ADC § 803-32 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-41. Certification of private applicators, 12 VI ADC § 803-41 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 14 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 5. Certification of Private Applicators 12 V.I. R. & Regs. § 803-41 803-41. Certification of private applicators (a) Every natural person interested in operating in the Virgin Islands as a private applicator shall obtain certification from the Commissioner in order to operate as such. For the purposes of this chapter, the following persons must obtain certification as private applicators of restricted use pesticides: (1) A farm owner applying or supervising the application of restricted use pesticides; (2) Supervisory personnel, working for a private applicator or farm owner, having the function of applying or supervising the application of restricted use pesticides. (b) Any person not certified to apply restricted use pesticides, shall employ the services of a duly certified private applicator, if such pesticides are applied on his farm, unless such pesticides are applied by a commercial applicator. (c) Every private applicator certificate shall be valid for a term of four (4) years, unless the same is previously suspended or revoked by the Commissioner. (d) The application for certification shall be made in accordance with the procedure described in subsection (c) of section 803-51 of this chapter. (e) Every applicant for certification as a private applicator must successfully complete the examination referred to in section 803-43 of this chapter, as a prerequisite to certification. Current through May 27, 2021 12 V.I. R. & Regs. § 803-41, 12 VI ADC § 803-41 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-42. Standards for the certification, 12 VI ADC § 803-42 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 15 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 5. Certification of Private Applicators 12 V.I. R. & Regs. § 803-42 803-42. Standards for the certification As a minimum requirement for certification, every person seeking certification as a private applicator shall demonstrate practical knowledge about pest problems and pest control practices in his agricultural operations. Likewise, he shall demonstrate knowledge of aspects such as storage, use, handling and proper disposal of pesticides and their containers, and of his legal responsibility in connection with the use and handling of pesticides. This practical knowledge includes the ability to do the following: (a) Recognize common pests to be controlled, and damage caused by them. (b) Read and understand the pesticide labeling information, including common names of pesticides, pests to be controlled, timing and methods of application, safety precautions, any restrictions on pre-harvest application or re-entry to areas treated with pesticides, and any procedures for the disposal of pesticides. (c) Apply pesticides in accordance with label instructions and warnings, including ability to prepare the proper concentration of the pesticide to be used under particular circumstances, taking into consideration factors such as the area to be treated, speed of the application equipment, and quantity of pesticide to be applied in a given period of operation. (d) Recognize local environmental situations that need to be considered during application, in order to avoid contamination. (e) Recognize poisoning symptoms, and be aware of the procedures to be followed in case of accidents with any pesticide. Current through May 27, 2021 12 V.I. R. & Regs. § 803-42, 12 VI ADC § 803-42 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-43. Examinations for the certification, 12 VI ADC § 803-43 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 16 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 5. Certification of Private Applicators 12 V.I. R. & Regs. § 803-43 803-43. Examinations for the certification (a) Every candidate for certification as a private applicator, prior to being certified, must first pass an examination, written, oral, or a combination of both. The examination shall cover, as a minimum, the safe use of pesticides, application techniques, hazards and precautions to be taken in connection with the use of pesticides, recognition of common pests and the particular damage(s) caused by each of them, the ability to read and understand the labeling information, ability to apply pesticides according to instructions and warnings on the labeling, environmental considerations, poisoning symptoms and emergency procedures to be followed in cases of pesticide accidents, knowledge of any legislation and regulations applicable to pesticides, and any other information relevant to the certification of applicators of restricted use pesticides. (b) Every candidate failing the examination required by the preceding subsection (a) shall be eligible to retake the examination thirty (30) days after the date of such examination. If the candidate again fails the examination, he shall be eligible to retake it no sooner than three (3) months later. Thereafter, any additional failing shall require a waiting period of six (6) months before the candidate may be eligible to retake the examination. (c) If a candidate for certification is interested in using a specific restricted use pesticide, but is unable to read the labeling of said pesticide because he does not know how to read or does not know the English language, a special permit to use said pesticide in the corresponding crop may be granted after evidence is offered to the Commissioner that the applicant is in fact competent to use such pesticide. Evidence that the applicant is competent shall be presented to the agricultural agent of the town in which said applicant lives or works, or to any other person authorized by the Commissioner. A determination of the applicant’s competence shall be made, taking into consideration the results of practical demonstration examinations offered to the applicant, and upon training, on subjects such as those stated in subsection (b) of section 803-72 of this chapter, by a person who speaks both English and the same language as the applicant, and who can verify his understanding of the concepts involved. Current through May 27, 2021 12 V.I. R. & Regs. § 803-43, 12 VI ADC § 803-43 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-44. Renewal of certification, 12 VI ADC § 803-44 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 17 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 5. Certification of Private Applicators 12 V.I. R. & Regs. § 803-44 803-44. Renewal of certification The renewal of certification as a private applicator shall be accomplished in the same manner as that prescribed for commercial applicators in section 803-54 of this chapter, and in each instance where the term “commercial applicator” is used therein, “private applicator” is to be substituted for purposes of this section. Current through May 27, 2021 12 V.I. R. & Regs. § 803-44, 12 VI ADC § 803-44 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-51. Certification of commercial applicators, 12 VI ADC § 803-51 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 18 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 6. Certification of Commercial Applicators 12 V.I. R. & Regs. § 803-51 803-51. Certification of commercial applicators (a) Every natural person interested in operating in the Virgin Islands as a commercial applicator must first be certified by the Commissioner in order to be able to operate as such. This certification shall be valid for a term of four (4) years, unless the same is previously suspended or revoked by the Commissioner. (b) Every certificate issued to any commercial applicator shall specify the category or categories of application in which the applicator is qualified to operate. (c) The application for certification shall be made in a special form provided by the Commissioner, which will be made available in the offices of the Department, or of its attached corporations, in the local offices of the Agricultural Extension Service or in any other place designated by the Commissioner. (d) Every applicant for certification in one or more categories of commercial application of restricted use pesticides first shall successfully complete the examinations referred to in section 803-52 et seq. of this division. Current through May 27, 2021 12 V.I. R. & Regs. § 803-51, 12 VI ADC § 803-51 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-52. Standards for certification, 12 VI ADC § 803-52 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 19 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 6. Certification of Commercial Applicators 12 V.I. R. & Regs. § 803-52 803-52. Standards for certification (a) General Standards. Every aspirant to be certified as a commercial applicator shall demonstrate, to the satisfaction of the Commissioner, that he possesses practical knowledge of the principles and practices of pest control and safe use of pesticides. Mandatory examinations shall be based on examples of problems and situations appropriate to the category or subcategory object of certification, including the following areas: (1) Pesticides labeling comprehension (A) General format and terminology used in labeling; (B) Understanding of instructions, warnings, terms, symbols, and other information commonly appearing on labels; (C) Classification of the pesticide as of general or restricted use; (D) Use of the pesticide, consistent with its labeling. (2) Safety in the handling and use of pesticides, considering the following factors: (A) Toxicity, hazard to man and exposure routes (oral, dermal and respiratory); (B) Common types and causes of accidents; 803-52. Standards for certification, 12 VI ADC § 803-52 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 20 (C) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas; (D) Need for and use of protective equipment; (E) Poisoning symptoms; (F) First aid treatment and other procedures to be followed in case of accidents; and (G) Proper identification, storage, transport handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers. (3) Potential environmental effects resulting from the use of pesticides, as may be influenced by factors such as: (A) Weather and other climatic conditions; (B) Land topography and type of soil or other substrate; (C) Presence of fish, wildlife and other non-target organisms; (D) Drainage patterns. (4) Pests, including factors such as: (A) Common features of pest organisms and characteristics of damage caused by them, necessary for their recognition; (B) Identification of relevant pests; 803-52. Standards for certification, 12 VI ADC § 803-52 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 21 (C) Knowledge about pest development and biology necessary for identification and control thereof. (5) Pesticides, including factors such as: (A) Types of pesticides and their formulations; (B) Compatibility, synergism, persistence and toxicity of the formulations; (C) Hazards and residues associated with pesticide use; (D) Factors influencing effectiveness of and resistance to pesticides; (E) Dilution procedures. (6) Equipment, including factors such as: (A) Types of equipment, including their advantages and limitations; and (B) Use, maintenance and calibration of equipment. (7) Application techniques, including factors such as: (A) Methods and procedures used to apply different formulations of pesticides, solutions, and gases, together with a knowledge of appropriate application techniques in specific situations; (B) Relationship of placement of the pesticide to proper use, unnecessary use, and misuse; and (C) Precautions in the application of the pesticide to prevent contamination of areas outside of zone of application. 803-52. Standards for certification, 12 VI ADC § 803-52 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 22 (8) State and Federal laws and regulations applicable to pesticides. (b) Specific Standards for each Category. Every aspirant to be certified as commercial applicator in any particular category or categories shall demonstrate, to the satisfaction of the Commissioner, that he is qualified with respect to the categorical standards set out below: (1) Plant Pest Control. Applicators shall demonstrate practical knowledge of crops locally grown and the specific pests affecting them. Practical knowledge is required concerning soil and water problems, pre-harvest application intervals, re-entry intervals to treated areas, phytotoxicity and environmental contamination potentiality, injuries to non-target organisms and community problems resulting from the use of restricted use pesticides. (2) Animal Pest Control. Applicators using pesticides directly on animals shall demonstrate practical knowledge of such animals and of pests affecting them, as well as of the toxicity and potential residues of specific pesticides. In addition, they shall know the hazards associated with factors such as pesticide formulation, application techniques, age of animals, stress, and extent of treatment. (3) Ornamental and Turf Pest Control. Applicators shall demonstrate practical knowledge of the problems caused by the use of pesticides in the production and maintenance of trees, shrubs, ornamental plantings and turf, potential phytotoxicity, drift and persistence of the pesticide beyond the intended period of pest control, and application methods which will minimize or prevent hazard to humans and animals. (4) Industrial, Institutional, Structural and Health Services Pest Control. Applicators shall demonstrate practical knowledge of a wide variety of pests and their life cycles, types of formulations appropriate for their control, and application methods to avoid contamination of food, damage and contamination of habitat, and exposure of people and animals to pesticides. In addition, they shall have practical knowledge of the specific factors which may lead to hazardous conditions, such as continuous exposure to the pesticide, and the possible environmental effects related to this activity. (5) Public Health Pest Control. Commercial applicators shall demonstrate practical knowledge of the existing relation between the transmission of diseases and the vectors thereof. They shall know and recognize said pests, and have knowledge of their life cycles and habitats, as a basis for planning their control. Said applicators shall possess, in addition, practical knowledge of the importance and employment of non-chemical control methods, such as sanitation, waste disposal and drainage. (6) Regulatory Pest Control. Commercial applicators shall demonstrate practical knowledge of regulated pests, applicable laws and regulations relating to pests, as well as the potential impact on the environment of restricted use pesticides used in suppression and eradication programs of said pests. In addition, they shall demonstrate practical knowledge of factors influencing introduction, spread and population dynamics of the more important pests. 803-52. Standards for certification, 12 VI ADC § 803-52 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 23 (7) Demonstration and Research Pest Control. Persons performing demonstrations on safety and effectiveness of pesticides to other applicators and the public shall have practical knowledge of problems caused by pests, as well as by their population levels. In addition, said persons shall demonstrate knowledge of the pesticide-organism interactions, and of the importance of integrating the use of pesticides with other control methods. Applicators performing demonstration on pest control work shall possess practical knowledge of the general standards specified in subsection (a) of this section, as well as of the specific standards required for categories (1) through (7) of this subsection (b). Persons performing field research work with restricted use pesticides shall know the general standards specified in subsection (a) of this section, as well as the specific standards applicable to their particular activity, required for categories (1) through (7) of this subsection (b), or otherwise meet the requirements established for persons performing demonstration work, appearing in the first paragraph of this category. (c) For the purposes of these regulations, the standards hereinbefore established for commercial applicators shall not be applicable to the following persons: (1) Persons conducting laboratory type research involving restricted use pesticides. (2) Doctors of Medicine and Doctors of Veterinary Medicine applying pesticides as drugs or medication during the course of the normal practice of their profession. Current through May 27, 2021 12 V.I. R. & Regs. § 803-52, 12 VI ADC § 803-52 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-53. Examinations for certification, 12 VI ADC § 803-53 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 24 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 6. Certification of Commercial Applicators 12 V.I. R. & Regs. § 803-53 803-53. Examinations for certification (a) Every candidate for certification as commercial applicator, prior to being certified, shall take two written examinations, one of general character and the other of technical character. The first may include, among other aspects, pesticide labeling comprehension, safety in their use or application, environmental considerations, and information about pests, pesticides, equipment, application techniques and laws and regulations applicable to such pesticides. The second shall be a technical examination, which shall be specific for each one of the categories under which the applicant is interested in being certified; provided, that any previously certified commercial applicator interested in qualifying for practice in any additional category or subcategory, shall be required to take only the technical examination for the additional category subsequently applied for. (b) In order to take the technical examination it shall be an indispensable requirement for the applicant first to have passed the general examination. If any applicant fails a technical examination it will not be necessary for him to retake the general examination. (c) Every applicant who fails the general examination may retake the same thirty (30) days after such date of examination. If he fails the general examination for a second time he may retake the same six (6) months after such date of the second examination. In case of three or more failures, the general examination may be offered one (1) year after the date of the last examination failed. (d) The intervening periods required before repeating technical examinations shall be the same ones established in preceding subsection (c). Current through May 27, 2021 12 V.I. R. & Regs. § 803-53, 12 VI ADC § 803-53 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-54. Certification renewal; recertification, 12 VI ADC § 803-54 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 25 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 6. Certification of Commercial Applicators 12 V.I. R. & Regs. § 803-54 803-54. Certification renewal; recertification (a) Every certificate of commercial applicator issued under the provisions of these regulations shall expire four (4) years after it was issued and may be renewed for an additional period of four (4) years. (b) Application for renewal shall be made on a special form furnished by the Commissioner, and shall be made prior to the expiration of the original certification. (c) For the renewal of any certificate, every applicator must satisfactorily complete a refresher course within six (6) months prior to the expiration date of the original certificate. (d) Any applicator failing to apply for renewal of certification one hundred and twenty (120) days after its expiration date shall be required to be recertified as if for the first time. In such case, the applicator shall take the examination for commercial applicator in accordance with the provisions of section 803-52 of this division. Current through May 27, 2021 12 V.I. R. & Regs. § 803-54, 12 VI ADC § 803-54 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-61. Refusal to certify, 12 VI ADC § 803-61 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 26 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 7. Denial, Suspension or Revocation of Certification 12 V.I. R. & Regs. § 803-61 803-61. Refusal to certify The Commissioner may refuse to certify any applicant who does not meet, to his satisfaction, the requirements of competency or capacity established in this chapter. Current through May 27, 2021 12 V.I. R. & Regs. § 803-61, 12 VI ADC § 803-61 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-62. Suspension or revocation, 12 VI ADC § 803-62 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 27 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 7. Denial, Suspension or Revocation of Certification 12 V.I. R. & Regs. § 803-62 803-62. Suspension or revocation The Commissioner may suspend or revoke, according to the procedure established in this chapter and 12 V.I.C. chapter 19, any certification issued to any applicator, should any of the following circumstances occur: (a) the applicator has used a restricted use pesticide, the registration of which has been revoked or suspended by the Commissioner or by the Environmental Protection Agency of the United States; (b) the applicator is operating in a category or subcategory for which he has not been certified by the Commissioner; (c) the applicator has been convicted of any violation of the Act or of the Federal Insecticide, Fungicide and Rodenticide Act; (d) the applicator is using a restricted use pesticide for a use not approved or permitted by the Commissioner or by the Environmental Protection Agency of the United States; (e) the applicator, in case of commercial applicators, failed to keep or maintain the records required under section 803-71 of this chapter; (f) the applicator has made any false or fraudulent statement in the records required to be kept by him under section 803-71 of this chapter; (g) the applicator has furnished any false or fraudulent information in an application to obtain or to renew a certification to operate as applicator of restricted use pesticides. 803-62. Suspension or revocation, 12 VI ADC § 803-62 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 28 (h) the applicator applied or used any pesticide in a manner inconsistent with its registered label; (i) the applicator has engaged in fraudulent business practices in the application of pesticides; (j) the applicator has failed to demonstrate that he has sufficient knowledge in the application and use of restricted use pesticides; (k) the applicator has committed any violation of the Act and/or the Rules and Regulations promulgated thereunder; (l) the applicator has been the subject of any legal proceedings enumerated in section 803-63 of this division. Current through May 27, 2021 12 V.I. R. & Regs. § 803-62, 12 VI ADC § 803-62 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-63. Effect of legal proceedings, 12 VI ADC § 803-63 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 29 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 7. Denial, Suspension or Revocation of Certification 12 V.I. R. & Regs. § 803-63 803-63. Effect of legal proceedings If a certified applicator is the subject of any of the following actions, the Commissioner may review the facts and record to determine whether it is appropriate to suspend or revoke the certification: (a) A criminal conviction pursuant to section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 86 Statute 973; (b) A criminal conviction pursuant to 12 V.I.C. chapter 19; (c) A final order imposing a civil penalty pursuant to section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 86 Statute 973; (d) A final order imposing a civil penalty pursuant to 12 V.I.C. chapter 19, or this chapter. Current through May 27, 2021 12 V.I. R. & Regs. § 803-63, 12 VI ADC § 803-63 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-71. Records, 12 VI ADC § 803-71 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 30 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 8. Training Programs and Records 12 V.I. R. & Regs. § 803-71 803-71. Records Every commercial applicator of restricted use pesticides operating in the Virgin Islands shall keep and maintain records in relation to kinds and quantities used, doses and methods of application, uses or pest(s) to be controlled, and date and place of application for each one of the pesticides used. Said records shall be kept for a minimum period of two years, and shall be available for inspection by the Commissioner. Current through May 27, 2021 12 V.I. R. & Regs. § 803-71, 12 VI ADC § 803-71 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works. 803-72. Training programs, 12 VI ADC § 803-72 © 2021 Thomson Reuters. No claim to original U.S. Government Works. 31 Virgin Islands Administrative Code Currentness Title 12. Conservation Chapter 19. Pesticides Control Subchapter 803. Administration and Enforcement Division 8. Training Programs and Records 12 V.I. R. & Regs. § 803-72 803-72. Training programs (a) The Department shall cause training programs to be conducted for applicants for certification, at such times and places as the Commissioner deems appropriate. Notification of such training programs shall be given at all offices at which applications for certification are taken and by publication in a newspaper of general circulation on each Island at least two weeks prior to the time the training program is held. (b) Said training programs may include, among other subjects, emphasis on the comprehension of the labeling of pesticides, safety in their use and application, recognition of common pests and damage caused by them, application techniques, legislation and regulations applicable to the use of pesticides, information about certification of applicators of restricted use pesticides, and regulations applicable thereto. (c) The Department shall cause refresher courses to be provided to those certified applicators applying for renewal of their certification, at such yearly intervals as the Commissioner deems appropriate, notice to be given in the same manner as provided in subsection (a) of this section. Current through May 27, 2021 12 V.I. R. & Regs. § 803-72, 12 VI ADC § 803-72 End of Document © 2021 Thomson Reuters. No claim to original U.S. Government Works.