1. OPM Updates for 2012 Proposed changes to Statutes and Rules Robert Tolton, Licensing Supervisor Brian Kennedy, Inspector Arizona Department of Agriculture Office of Pest Management

2. A Brief History • Former SPCC sunset in 2008 • Created OPM (2008 to present) • 2011 OPM moved to ADA with ADA ESD Associate Director (Jack Peterson) becoming OPM “Acting Director” • Task Force established to evaluate regulations, personnel, organizational structure, etc. • Minutes of Task Force Meetings available on ADA website (www.azda.gov)

3. Where are we now? • OPM housed at ADA (1688 W. Adams) • Status-quo for the time being (mostly) • Task force held public meetings in 2011 & 2012 resulting in PROPOSED statutes/rules • Task Force drafted legislative report (available at ADA’s website) • Legislative action in 2013 • Phasing out current Core Manual • Adding National Core Manual and National Core Examination

4. Criminal Background Checks • No longer performed on licensees without prior conviction (felonies and certain misdemeanors) • Reduces time for licensing approval • Removes fingerprinting requirement • Removes background check fee • Places responsibility on business

5. Changes business naming process • OPM will no longer approve or disapprove (in most cases) • Must obtain name through Secretary of State or Arizona Corporation Commission • OPM will still prohibit names that are misleading (e.g. EPA Pest Control, etc.)

6. Proposed changes to statues and rules • Continues OPM as a separate entity overseen by ADA Director • Creates “generalized” statutes with the details in the rules (i.e. modeled after ADA) • Maintains statutes in Title 32 (as opposed to placing OPM statutes into Title 3) • Modifies OPM funding mechanism • Reduces some fees, but increases others • Transfers (most) regulation of golf courses to ADA • Adds limited pesticide use reporting requirement (currently required of ADA licensees)

7. Proposed changes to statues and rules • Changes business naming process • Aligns the regulation of political subdivisions more closely to businesses • Recordkeeping changes • Exempts certain devices from licensing requirements • Provides numerous changes to licensing system • Modifies “gardeners” exemption and places it in its own rule

8. Proposal realigns OPM funding sources • Currently TARF fees provide bulk of operating expenses • Proposal reduces TARF fees • Creates applicator registration fee • Distributes OPM funding where larger businesses will pay a larger proportion

9. Transfers Golf Course Regulation • Regulation transferred to ADA (A.R.S. title 3) • Pesticide applicator’s required to obtain ADA license • No QP or BL • Annual CE and renewal requirements • Separate license for fumigation and aquatics • Applications at golf courses performed by “for hire” companies regulated through OPM

10. Adds limited pesticide use reporting (PUP) • To ascertain use patterns of pesticides detected in Arizona’s groundwater supply • Requires quarterly reporting of “soil applied pesticides” that appear on ADEQ’s groundwater protection list • “soil applied pesticides” include pesticides where the label requires or recommends irrigation within 72 hours. • Includes final grade treatments and post-construction exterior treatments (trench/rod) • Excludes treatments at or above grade or treatments to interior of footers/stem walls (pretreatment)

11. PUP-Information required • County of use • Product name/EPA # • Amount applied • Dates covered by the report • Business license # • Maintain for 3 years

12. Examples of pesticides on GWPL – 2011 • Imidacloprid • Mecoprop (Trimec) • Diuron • Clopyralid (Transline, etc) • Deltamethrin • Carfentrazone (Speedzone) www.azdeq.gov

13. Political Subdivisions • Still require “certified applicators” • Will add requirement for QP (not enforced until 01-2014) • Exempt from business license requirement • Applicators will have 90-days to become licensed • Political subdivisions will have recordkeeping requirements like businesses • QP, with Director’s approval, can act as QP for more than one PS • Subject to pesticide storage/service vehicle requirements

14. Recordkeeping • Retention periods reduced to 3 years for all records • Extends recordkeeping and retention requirements to Political Subdivisions

15. Recordkeeping • Establishes minimum standards for “training records” • Date of training • Name/Signature of attendee • Name/Signature of trainer • Description of topic(s) covered • Copy of training materials (labels, etc.) • QP must maintain training records for 3 years after applicator’s employment ending date

16. Devices • Task Force subcommittee (minutes for 06-19-12 and 06-26-12 on ADA website) • Some regulated/some exempt • Exempt include: • Physical barriers used to remove or prevent infestation by pests; • Equipment used for the physical removal of pests or the habitat of pests; • Mechanical equipment used for the physical removal of weeds and other vegetation; • Mechanical traps used without a pesticide; • Installation equipment used for home improvement or modifications; • Raptors used to control or relocate other birds; and • Fire arms.

17. Devices • Regulated include • Devices used with a pesticide • Heat and other devices, particularly those used in bedbug treatments Person’s using EXEMPTdevices, and not otherwise engaged in pest management, will be required to include “Not a Licensed Pest Control Company” on all advertisements

18. Miscellaneous Changes • Service record = Customer record • Pretreatment warranty 5 years to 3 years • Addition of ERP (i.e. Penalties) in rule • Branch Manager responsibilities • QP required at primary office every 14 days and branch office every 120 days • Exempts certified home inspectors who document evidence of WDI (no WDIIR or treatment)

19. Miscellaneous Changes • Must be licensed to apply pesticides at Schools, child care facilities, health care institutions, food-handling establishments • Requires person’s using animals to assist in inspection/identification to be certified • QP responsible for ensuring BL provides evidence of financial responsibility to OPM • No more 1st Aid Kit requirement

20. Proposed Licensing Changes • Changes category names and descriptions • Changes some license names • Changes some licensing requirements • Eliminates “inactive licenses” • Eliminates background investigations by agency • Changes CE requirements • Changes fees • Modifies exemptions

21. Proposed Licensing Changes • Alllicenses & registrations expire on May 31st • CA,CQA, & Business issued with an expiration in the following calendar year as an initial certification • Renewable for 1 or 2 years • Establishes minimum age of18 • Extends testing to 360 days • Adds “Applicator Registration” • Adds “Branch Supervisor Registration”

22. (1) Industrial and institutional pest management in or about a residential or other structure excluding anti-microbial pest management, fungi inspection, or pest management covered by another certification category

23. (2) Wood-Destroying Organism • Wood-destroying organism management: Includes inspection and treatment • Wood-destroying insect inspection: Includes inspecting for wood destroying insects only • Wood preservation: application of pesticides to wood not part of an existing structure to prevent/manage wood degradation by WDO’s (fungi/bacteria)

24. (3) Ornamental &Turf • Pest management, including weeds, in the maintenance of ornamental trees, shrubs, flowers, and turf by means other than use of a fumigant.

25. (4) Right-of-Way • Pest management of invertebrate pests, including weeds, in the maintenance of public roads, electric powerlines, pipelines, railway rights-of-way or other similar areas.

26. (5) Aquatic pest management, including weeds, in standing or running water. (6) Fumigation pest management using fumigants

27. License Name Changes • Licensed applicator will become “Certified Applicator” (again) • In line with FIFRA • Addition of “Certified Qualified Applicator” • A person who is eligible to act as a Qualifying Party • Maintain “Qualifying Party” • The Certified Qualified Applicator designated by the business to be responsible for the training, supervising, equipping of applicators

28. Change of Licensing Requirements • Certified Qualified Applicator • Certification as applicator for 24 months; • Certification 1 year and 12 hours of related course work; • A relevant Bachelor’s degree (AG science/Biology) and 12 hours directly related to each category; or • 24 months experience in another State where licensing wasn’t required. All experience within 10 years

29. A Certified Qualified Applicator may broaden without experience by passing exam Categories 5 and 6 requires experience and exam

30. Applicator Registration • Prior to performing PM services an applicator (licensed/unlicensed) must be registered • $25 per applicator ($0 for pol. subdivisions) • Non-transferrable • Renewable for1 or 2 years • BL/QP responsible for compliance • $150 penalty for each unregistered applicator

31. Continuing Education Changes • Certified Applicator • 6 hours for 1 year or 12 for 2 years • Certified Qualified Applicator • 12 hours for 1 year or 24 for 2 years • CE valid for current certification period only • No CE if attendee fails to complete course

32. Proposed FEES

33. Proposed Fees

34. Proposed Fees • Late Fees • For Renewals is equal to the renewal fee • Example: if renewal = $100 then • Late renewal = $100 + $100 = $200 • Handling Fee • The OPM will charge $10 for all paper applications/renewals that could have been processed online

35. Proposed TARF fees • Fees reduced from$8 ($15 paper) to $2 ($8 paper) • Late fee is a feeequalto the original ($2 and $8 respectively) • No fee for Political Subdivisions eTARF 30 days late = $24.00 Under proposal = $4.00

36. “Gardener’s” exemption • Placed as a standalone with its own rule • Similar to current exemption; however • Excludes use of pre-emergent herbicides • Limits application equipment to 4 gallons (instead of 8) • Limits application to one person at a site • Prohibits advertising for weed management services • Stipulates fines for failure to provide record to customer • Stipulates fines for operating outside of exemption

37. More information can be found at: www.azda.gov www.sb.state.az.us THANK YOU!