Pesticide applicator scope, definitions and effective dates study guide
40 CFR Part 171 is EPA's federal rule for certifying applicators of restricted use pesticides. This guide sets out what Subpart A of the rule text states: the scope of the part and who counts as a certified applicator (171.1), the definitions in 171.3, and the effective date and the status of certification plans approved before it (171.5). goraedu does not train, test or certify pesticide applicators, and this is not a certification exam. States, Tribes and Federal agencies run their own certification programs under EPA-approved plans and may set stricter or additional requirements, so check yours too. Every point links to the regulation and quotes its exact words.
Scope of Part 171
Part 171 sets Federal standards for certifying and recertifying applicators of restricted use pesticides, and requirements for the certification plans that State, Tribal and Federal agencies administer.
“This part establishes Federal standards for the certification and recertification of applicators of restricted use pesticides, and requirements for pesticide applicator certification plans administered by State, Tribal, and Federal agencies.”
The standards cover certification and recertification of applicators using restricted use pesticides, certified applicators who supervise noncertified applicators, and noncertified persons who use restricted use pesticides under the direct supervision of a certified applicator.
“The standards address the requirements for certification and recertification of applicators using restricted use pesticides, requirements for certified applicators supervising the use of restricted use pesticides by noncertified applicators, and requirements for noncertified persons using restricted use pesticides under the direct supervision of a certified applicator.”
For FIFRA purposes, a person is a certified applicator only if the person holds a certification that was issued under a plan approved in accordance with Part 171 and is currently valid in the pertinent jurisdiction.
“A person is a certified applicator for purposes of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., only if the person holds a certification issued pursuant to a plan approved in accordance with this part and currently valid in the pertinent jurisdiction.”
As FIFRA section 12(a)(2)(F) provides, it is unlawful for any person to make available for use, or to use, a pesticide classified for restricted use other than in accordance with Part 171.
“As provided in FIFRA section 12(a)(2)(F), it is unlawful for any person to make available for use or to use any pesticide classified for restricted use other than in accordance with the requirements of this part.”
Terms in Part 171 have the same meanings they have in FIFRA and 40 CFR part 152; the terms defined in 171.3 have the meaning given there when used in Part 171.
“Terms used in this part have the same meanings they have in FIFRA and 40 CFR part 152. In addition, the following terms have the meaning specified in this section when used in this part:”
Not covered here
Certification categories, competency standards, recertification and the supervision of noncertified applicators are set out in other sections of Part 171 and are not covered in this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Applicators, certification and competency
An applicator is any individual using a restricted use pesticide.
“Applicator means any individual using a restricted use pesticide.”
An applicator may be certified as a commercial or private applicator as defined in FIFRA, or may be a noncertified applicator as defined in Part 171.
“An applicator may be certified as a commercial or private applicator as defined in FIFRA or may be a noncertified applicator as defined in this part.”
A noncertified applicator is a person who is not certified under Part 171 to use or supervise the use of restricted use pesticides in the category appropriate to the type of application being conducted in the pertinent jurisdiction, but who is using restricted use pesticides under the direct supervision of a person certified as a commercial or private applicator under Part 171.
“Noncertified applicator means any person who is not certified in accordance with this part to use or supervise the use of restricted use pesticides in the category appropriate to the type of application being conducted in the pertinent jurisdiction, but who is using restricted use pesticides under the direct supervision of a person certified as a commercial or private applicator in accordance with this part.”
Certification is a certifying authority's issuance, under Part 171, of authorization to a person to use or supervise the use of restricted use pesticides.
“Certification means a certifying authority's issuance, pursuant to this part, of authorization to a person to use or supervise the use of restricted use pesticides.”
A certifying authority is EPA, or a State, Tribal or Federal agency that issues restricted use pesticide applicator certifications under a certification plan EPA has approved under Part 171.
“Certifying authority means the Agency, or a State, Tribal, or Federal agency that issues restricted use pesticide applicator certifications pursuant to a certification plan approved by the Agency under this part.”
In Part 171, "Agency" means the U.S. Environmental Protection Agency (EPA), unless otherwise specified.
“Agency means the U.S. Environmental Protection Agency (EPA), unless otherwise specified.”
Competency means having the practical knowledge, skills, experience and judgment needed to perform functions associated with restricted use pesticide application without causing unreasonable adverse effects. The nature and degree of competency required relate directly to the nature of the activity and the degree of independent responsibility.
“Competency means having the practical knowledge, skills, experience, and judgment necessary to perform functions associated with restricted use pesticide application without causing unreasonable adverse effects, where the nature and degree of competency required relate directly to the nature of the activity and the degree of independent responsibility.”
Practical knowledge means having pertinent facts and comprehension sufficient to properly perform functions associated with use of restricted use pesticides, including properly responding to reasonably foreseeable problems and situations.
“Practical knowledge means the possession of pertinent facts and comprehension sufficient to properly perform functions associated with use of restricted use pesticides, including properly responding to reasonably foreseeable problems and situations.”
Use, application and fumigation
Application and applying mean the dispersal of a pesticide on, in, at, or directed toward a target site.
“Application and applying means the dispersal of a pesticide on, in, at, or directed toward a target site.”
To "use" a pesticide means any of the activities listed in the definition; one of them is pre-application activities involving mixing and loading the pesticide.
“Use, as in “to use a pesticide” means any of the following: (1) Pre-application activities involving mixing and loading the pesticide.”
Use also covers applying the pesticide, which includes, but is not limited to, supervising the use of a pesticide by a noncertified applicator.
“(2) Applying the pesticide, including, but not limited to, supervising the use of a pesticide by a noncertified applicator.”
Use also covers other pesticide-related activities, including, but not limited to, transporting or storing opened pesticide containers, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers and other pesticide-containing materials.
“(3) Other pesticide-related activities, including, but not limited to, transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.”
Calibration means measuring the dispersal or output of application equipment and adjusting it to establish a specific rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or an equalized dispersal pattern.
“Calibration means measurement of dispersal or output of application equipment and adjustment of such equipment to establish a specific rate of dispersal and, if applicable, droplet or particle size of a pesticide, and/or equalized dispersal pattern.”
Use-specific instructions are the information and requirements specific to a particular pesticide product or work site that an applicator needs to use the pesticide in accordance with applicable requirements and without causing unreasonable adverse effects.
“Use-specific instructions means the information and requirements specific to a particular pesticide product or work site that an applicator needs in order to use the pesticide in accordance with applicable requirements and without causing unreasonable adverse effects.”
A fumigant is a restricted use pesticide that bears labeling designating it as a fumigant.
“Fumigant means a restricted use pesticide that bears labeling designating it as a fumigant.”
Fumigation means the use of a fumigant.
“Fumigation means the use of a fumigant.”
Personal protective equipment means devices and apparel worn to protect the body from contact with pesticides or pesticide residues. The definition lists examples, including, but not limited to, coveralls, chemical-resistant suits, gloves, footwear, aprons and headgear, respirators and protective eyewear.
“Personal protective equipment means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.”
Not covered here
171.3 defines these terms only; it does not say how to mix, load, calibrate, fumigate or choose personal protective equipment, and neither does this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Pesticides, dealers and adverse effects
A restricted use pesticide is a pesticide classified for restricted use under section 3(d) of FIFRA and 40 CFR part 152, subpart I.
“Restricted use pesticide means a pesticide that is classified for restricted use under the provisions of section 3(d) of FIFRA and 40 CFR part 152, subpart I.”
A restricted use pesticide retail dealer is any person who distributes or sells restricted use pesticides to any person. Transactions solely between persons who are pesticide producers, registrants, wholesalers or retail sellers, acting only in those capacities, are excluded.
“Restricted use pesticide retail dealer means any person who distributes or sells restricted use pesticides to any person, excluding transactions solely between persons who are pesticide producers, registrants, wholesalers, or retail sellers, acting only in those capacities.”
A dealership is any establishment owned or operated by a restricted use pesticide retail dealer where restricted use pesticides are distributed or sold.
“Dealership means any establishment owned or operated by a restricted use pesticide retail dealer where restricted use pesticides are distributed or sold.”
Compatibility means the extent to which a pesticide can be combined with other chemicals without causing undesirable results.
“Compatibility means the extent to which a pesticide can be combined with other chemicals without causing undesirable results.”
Toxicity is the property of a pesticide that refers to the degree to which the pesticide, and its degradates and metabolites, are able to cause an adverse physiological effect on an organism.
“Toxicity means the property of a pesticide that refers to the degree to which the pesticide, and its degradates and metabolites, are able to cause an adverse physiological effect on an organism.”
A nontarget organism is any plant, animal or other organism other than the target pests that a pesticide is intended to affect.
“Nontarget organism means any plant, animal or other organism other than the target pests that a pesticide is intended to affect.”
A mishap is an event that adversely affects man or the environment and is related to the use or presence of a pesticide, whether the event was unexpected or intentional.
“Mishap means an event that adversely affects man or the environment and that is related to the use or presence of a pesticide, whether the event was unexpected or intentional.”
A regulated pest is a particular species of pest specifically subject to Tribal, State or Federal regulatory restrictions, regulations or control procedures intended to protect the hosts, man and/or the environment.
“Regulated pest means a particular species of pest specifically subject to Tribal, State or Federal regulatory restrictions, regulations, or control procedures intended to protect the hosts, man and/or the environment.”
Places, Tribes, family and commodities
An agricultural commodity is any plant, fungus or algae, or part of one, or any animal or animal product, produced by a person primarily for sale, consumption, propagation, or other use by man or animals. The persons named include, but are not limited to, farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons.
“Agricultural commodity means any plant, fungus, or algae, or part thereof, or any animal or animal product, produced by a person (including, but not limited to, farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.”
Ornamental means trees, shrubs, flowers and other plantings intended primarily for aesthetic purposes in and around habitations, buildings and surrounding grounds, including residences, parks, streets, and commercial, industrial and institutional buildings.
“Ornamental means trees, shrubs, flowers, and other plantings intended primarily for aesthetic purposes in and around habitations, buildings and surrounding grounds, including residences, parks, streets, and commercial, industrial, and institutional buildings.”
A principal place of business is the principal location, either residence or office, where a person conducts a business that involves the use of restricted use pesticides.
“Principal place of business means the principal location, either residence or office, where a person conducts a business that involves the use of restricted use pesticides.”
A person who applies restricted use pesticides in more than one State or area of Indian country may designate a location within a State or area of Indian country as its principal place of business for that State or area.
“A person who applies restricted use pesticides in more than one State or area of Indian country may designate a location within a State or area of Indian country as its principal place of business for that State or area of Indian country.”
Immediate family is limited to the relationships listed in 171.3: the spouse, parents, stepparents and foster parents; in-laws (father-, mother-, sons-, daughters-, brothers- and sisters-in-law); children, stepchildren and foster children; grandparents and grandchildren; brothers and sisters; aunts, uncles, nieces, nephews and first cousins.
“Immediate family means familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins.”
Within that definition, a first cousin is the child of a parent's sibling, that is, the child of an aunt or uncle.
““First cousin” means the child of a parent's sibling, i.e., the child of an aunt or uncle.”
Indian country is defined in three parts. The first is all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, including rights-of-way running through the reservation.
“Indian country means: (1) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation.”
The second part is all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory, and whether within or without the limits of a State.
“All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State.”
The third part is all Indian allotments whose Indian titles have not been extinguished, including rights-of-way running through them.
“All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.”
Indian Tribe or Tribe means any Indian or Alaska Native Tribe, band, nation, pueblo, village or community included in the list of Tribes published by the Secretary of the Interior under the Federally Recognized Indian Tribe List Act.
“Indian Tribe or Tribe means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or community included in the list of Tribes published by the Secretary of the Interior pursuant to the Federally Recognized Indian Tribe List Act.”
Effective dates and earlier plans
Part 171 is effective March 6, 2017.
“This part is effective March 6, 2017.”
Certification plans EPA approved before the effective date remain approved, except as provided in 171.5(b)-(d) and 171.309.
“Certification plans approved by EPA before the effective date remain approved except as provided in §§ 171.5(b)-(d) and 171.309.”
A certification plan EPA approved before March 6, 2017 remains approved until March 4, 2020, except as provided in paragraph (c) and 171.309.
“A certification plan approved by EPA before March 6, 2017 remains approved until March 4, 2020, except as provided in paragraph (c) of this section and § 171.309.”
If by March 4, 2020 a certifying authority had submitted a proposed modification of its plan to EPA, its plan approved before March 6, 2017 will remain in effect until EPA has approved or rejected the modified plan or November 4, 2023, whichever is earlier, except as provided in paragraph (d) and 171.309(b).
“If by March 4, 2020, a certifying authority has submitted to EPA a proposed modification of its certification plan pursuant to subpart D of this part, its certification plan approved by EPA before March 6, 2017 will remain in effect until EPA has approved or rejected the modified plan pursuant to § 171.309(a)(4) or November 4, 2023, whichever is earlier, except as provided in paragraph (d) of this section and § 171.309(b).”
Where EPA has approved a certifying authority's modified plan, the plan approved before March 6, 2017 remains in effect as specified in EPA's approval of the modified plan.
“Where EPA has approved a certifying authority's modified certification plan pursuant to § 171.309(a)(4), the certification plan approved by EPA before March 6, 2017 shall remain in effect as specified in EPA's approval of the modified certification plan.”
States, Tribes or Federal agencies that do not have an EPA-approved certification plan in effect may submit a plan that meets or exceeds all applicable requirements of Part 171 to EPA for review and approval at any time.
“States, Tribes, or Federal agencies that do not have an EPA-approved certification plan in effect may submit to EPA for review and approval a certification plan that meets or exceeds all of the applicable requirements of this part any time.”
Not covered here
The plan review and approval procedures in 171.309 that 171.5 refers to are not described in this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Sources
- eCFR: 40 CFR 171.1, Scope (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 171.3, Definitions (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 171.5, Effective date (as of Nov 4, 2026)Checked November 6, 2026
Other Pesticide applicator study guides: Commercial applicator categories and certification, Private applicator certification, Recertification and supervising noncertified applicators