Activities that Require a License; Exemptions

R3-8-201. Activities that Require a License; Exemptions A. Business license. A person doing an activity defined as th e busi- business of pest management shall first possess a valid ness license, unless the person is: 1. A political subdivision; subdi- 2. Acting on behalf of a business licensee or political vision; or 3. Otherwise exempt by this Chapter or the PMD’s statutes. B. Qualifying party registration. A business licensee or school district shall only do an activity defined as the business of pest management if the business licensee or school district has a registered qualifying party. The business licensee or school district shall only provide pest management services in a certification category if the qualifying party is registered in that certification category. C. Applicator licensure. 1. An individual who provides pest management service s man- shall be a certified applicator and only provide pest agement services in a certification category for which th e March 31, 2026 Supp. Code 3 A.A.C. 8 AGRICULTURE - PEST MANAGEMENT DIVISION Applicant Applicant Response to Response to Substantive Additional Completion Completeness Information Overall Request Review Request Time-frame 45 60 360 90 45 60 15 90 45 60 360/ ∞* 90 45 60 360 90 45 60 15 90 45 60 360 90 45 60 90 90 45 60 15 90 45 60 90 90 10 10 15 20 45 60 15 90 45 60 15 90 45 60 90 90 45 60 15 90 20 55 15 75 only. Note Table 1, at 23 A.A.R. 1976, effective June 30, 2017; Table 1 effective August 29, 2017 (Supp. 17-2). applicator is currently certified except as provided under subsections (C)(2) and (C)(3) or as otherwise exempt b y this Chapter or the PMD’s statutes. 2. A certified applicator desiring to work in a category for certi- which the applicator is not certified shall become fied in the category within 30 calendar days after beginning work in that category and shall be supervised a s provided in subsection (C)(3)(c) while working in that category. 3. An individual may provide pest management services o n behalf of a business licensee without being a certifie d applicator if the individual: a. Is registered as an applicator of the business license e under R3-8-207; b. Has been registered as an applicator of the busines s licensee for not more than 90 calendar days out of the last 365 days; and c. Is supervised by a certified applicator who: i. Is certified in the category for which supervision is provided; ii. Provides immediate supervision when the individual performs pest management services i n the wood-destroying organism treatment, aquatic, or fumigation category, uses a restricted use pesticide, or uses a pesticid e under an experimental use permit; and 26-1 Page 7 3 A.A.C. 8 Arizona CHAPTER 8. DEPARTMENT OF AGRICULTURE iii. Provides direct supervision when the individual performs pest management services not covered by subsection (C)(3)(c)(ii). 4. An individual may not provide pest management service s at a school, child care facility, health care institution, or food-handling establishment unless the individual is a certified applicator in the certification category for whic h services are being provided. 5. An individual using an animal to assist with identifyin g infestations or making inspections for the purpose of identifying or attempting to identify infestations shall b e a certified applicator in the certification category for which services are being provided. D. Applicator registration. An applicator may not provide pest polit- management services on behalf of a business licensee or ical subdivision unless the applicator is registered as an applicator of the business licensee or political subdivision pursuant to R3-8-207. E. Exemptions. A person is not required to be licensed who: 1. Provides general information about a label or labeling, the identification or management of a pest, integrate d pest management or the use of a registered pesticide; doe s not directly or indirectly charge for the information; an d does not make an on-site recommendation. 2. Performs sales work that does not include: a. Identifying on-site infestations or making inspections for the purpose of identifying or attempting t o identify infestations; b. Making written or oral inspection reports or on-sit e recommendations with respect to infestations; or c. The application of pesticides or the use of device s for the purpose of eliminating, exterminating, controlling or preventing infestations. 3. Is an authorized representative of any educational institution engaged in research in the study of pest management and does not provide pest management services for hire. 4. Is a certified home inspector and documents evidence of wood-destroying organisms on a home inspection, but does not prepare a WDIIR, prepare a treatment proposal, make treatment estimates, bids, or recommendations, apply pesticides, or use devices. 5. Only uses, applies or installs home improvement articles, such as insulation, caulk and paint, that are pre-incorporated with a pesticide. Historical Note New Section recodified from R4-29-201 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2).