What does Part 171 establish Federal standards for?
Based on: 40 CFR 171.1 (Scope)
New York Pesticide Applicator Exam · Laws
New York Pesticide Exam Practice Questions: Laws and Regulations (2026)
The law behind the New York pesticide applicator exam is FIFRA (7 U.S.C. 136 et seq.) and the federal certification rules in 40 CFR Part 171. A restricted use pesticide, classified under FIFRA section 3(d), may be applied only by a certified applicator or by a noncertified person working under the direct supervision of one, per 40 CFR 171.201. To be certified as a commercial applicator you must pass a written examination and be at least 18 years old under 40 CFR 171.103(a)(1), and once certified you carry recordkeeping duties under 7 U.S.C. 136i-1 and face penalties under FIFRA section 14 if you break the rules.
Practice
Free practice questions
Under FIFRA, a person qualifies as a certified applicator only when that person:
Based on: 40 CFR 171.1 (Scope)
A restricted use pesticide is a pesticide that has been classified for restricted use under which authority?
Based on: 40 CFR 171.3 and FIFRA 3(d)
When the Administrator classifies a pesticide as part of registration, which outcome is possible for a single product?
Based on: 40 CFR 171.3 and FIFRA 3(d)
Which best describes a certified applicator under FIFRA?
Based on: FIFRA 2(e): applicator definitions
A grower certified to apply a restricted use pesticide for producing an agricultural commodity on land owned or rented by the grower or the grower's employer is what type of applicator?
Based on: FIFRA 2(e): applicator definitions
A commercial applicator is an applicator who uses or supervises the use of a restricted use pesticide:
Based on: FIFRA 2(e): applicator definitions
A worker who is not certified but who applies a restricted use pesticide under the direct supervision of a certified applicator is called a:
Based on: 40 CFR 171.3: definitions
Under the regulatory definition of use, which of the following counts as using a pesticide?
Based on: 40 CFR 171.3: definition of use
Disposing of excess pesticide, spray mix, and empty containers is treated under the regulations as:
Based on: 40 CFR 171.3: definition of use
Who may use a restricted use pesticide
Everything in this topic hangs off one classification decision. At registration, EPA classifies each use of a product: a use is classified for restricted use under FIFRA section 3(d) if, without additional regulatory restrictions, it may generally cause unreasonable adverse effects on the environment, including injury to the applicator. A general use pesticide is one EPA has determined will not generally cause such effects when used according to label directions, and under 40 CFR 152.160 many products are simply left unclassified. FIFRA section 2(e) then splits certified applicators in two: a private applicator uses or supervises restricted use pesticides to produce an agricultural commodity on property owned or rented by the applicator or the applicator's employer, and a commercial applicator is everyone else. A noncertified applicator may still use restricted use pesticides, but only under the direct supervision of a certified applicator who is certified in the category appropriate to the application, per 40 CFR 171.201. Direct supervision, defined in FIFRA section 2(e)(4), means application by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, unless the labeling prescribes otherwise. The supervising certified applicator is responsible for the noncertified person's actions and must make the product labeling and use-specific instructions available to them.
Records, unlawful acts and penalties
Certification comes with paperwork and teeth. Under 7 U.S.C. 136i-1, where there is no state requirement, an applicator must keep records of each restricted use pesticide application for two years: the product name, the amount, the approximate date of application and the location. A commercial certified applicator must also provide a copy of those records to the person for whom the application was made within 30 days, and must promptly provide the record and available label information to a health professional who needs it for treatment, immediately in an emergency. The unlawful acts are listed in FIFRA section 12: distributing an unregistered, adulterated or misbranded pesticide, using any registered pesticide in a manner inconsistent with its labeling under 12(a)(2)(G), detaching or defacing required labeling, and knowingly falsifying required records under 12(a)(2)(M). When EPA has reason to believe a pesticide violates FIFRA, section 13 lets the Administrator issue a stop sale, use, or removal order. Penalties under section 14 are tiered: a commercial applicator or distributor faces civil penalties of up to 5,000 dollars per offense, while a private applicator faces up to 1,000 dollars per offense and only after a written warning; a commercial applicator who knowingly violates FIFRA can be fined up to 25,000 dollars or imprisoned up to a year. Finally, FIFRA section 24 lets a state impose stricter rules consistent with FIFRA, which is why New York applicators must follow both the federal baseline and any tighter New York State requirement.
| Point | General use | Restricted use |
|---|---|---|
| Who classifies it | EPA at registration (FIFRA 3(d)) | EPA at registration (FIFRA 3(d)) |
| The standard | Will not generally cause unreasonable adverse effects when used per the label | May generally cause unreasonable adverse effects without additional restrictions |
| Who may apply it | Anyone following the label | Certified applicators, or noncertified persons under direct supervision (40 CFR 171.201) |
| Front-panel statement | The words General Classification below the Directions for Use heading (40 CFR 156.10(j)(1)) | Restricted Use Pesticide at the top of the front panel (40 CFR 156.10(j)(2)) |
| Note | Most non-restricted products are simply unclassified (40 CFR 152.160) | Advertising must state the restricted use classification (FIFRA 12(a)(2)(F)) |
FAQ
Frequently asked questions
Who needs to pass the pesticide applicator core exam in New York?
Anyone seeking commercial applicator certification through the New York State Department of Environmental Conservation. The federal standard behind the exam, 40 CFR 171.103(a)(1), requires a commercial applicator to receive a passing score on a written examination meeting federal standards and to be at least 18 years old, and New York's plan must conform to those standards under FIFRA section 11(a)(2).
Can a noncertified person apply restricted use pesticides in New York?
Only under direct supervision. 40 CFR 171.201 allows a noncertified applicator to use a restricted use pesticide under the direct supervision of a certified applicator who is certified in the appropriate category. The supervisor is responsible for the noncertified person's actions, must ensure required safety training, and must make the labeling and use-specific instructions available.
How long must a New York applicator keep restricted use pesticide records?
The federal baseline in 7 U.S.C. 136i-1 is two years where there is no state requirement, covering the product name, amount, approximate date and location of each restricted use application. New York may set its own stricter recordkeeping rules under FIFRA section 24, so confirm current state requirements with the DEC. A commercial applicator must also give the customer a copy of the record within 30 days.
What are the penalties for violating FIFRA as a pesticide applicator?
Under FIFRA section 14, a commercial applicator, dealer or distributor faces a civil penalty of up to 5,000 dollars per offense, while a private applicator faces up to 1,000 dollars per offense and only after a written warning. Knowing violations are criminal: up to 25,000 dollars or one year in prison for a commercial applicator, and a misdemeanor with up to 1,000 dollars or 30 days for a private applicator.
What is the difference between a private and a commercial applicator?
FIFRA section 2(e) defines a private applicator as a certified applicator who uses or supervises restricted use pesticides to produce an agricultural commodity on property owned or rented by the applicator or the applicator's employer. A commercial applicator uses or supervises restricted use pesticides for any other purpose or on any other property, which is the certification the New York core exam leads to.