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FROM THE DIVISION OF PESTICIDE CONTROL

FEBRUARY 2008

It has come to the attention of the Division that some individuals or companies have been performing mold or fungus remediation activities in New Hampshire without having obtained the necessary pesticide certification as required by the Administrative Rules of the Pesticide Control Board. Typically, these activities have included the use of pesticides applied as space sprays in HVAC&R cleaning or maintenance operations. Increasingly, these applications also include many mold and fungus control activities within residential or commercial structures as part of high humidity or water damage restoration programs. New Hampshire State Regulations do provide for the exemption from certification requirements for many pesticide applications that are performed as part of “janitorial” services. This janitorial exemption can be found within the State Statute RSA 430:46 I (d) which lists the specific instances in which janitorial service contractors are exempt from the pesticide certification requirements found in RSA 430:33. The text from this law is as follows:

“430:46 Exemptions.-

I. The following types of application of pesticides are exempt from the requirements of RSA 430:33.”
“…(d) Janitorial service contractors applying general use disinfectants, sanitizers, and mildew control agents to control microorganisms on nonliving entities, provided that these disinfectants, sanitizers and mildew control agents are not applied as space sprays and that these pesticides are labeled exclusively for disinfecting, sanitizing and mildew control.”

As indicated above, this exemption includes the use of appropriately labeled general use products applied to nonliving entities using methods other than space sprays. The Division recognizes that there are several anti-microbial pesticides available that include within their application instructions directions for use as space sprays. However, these methods are clearly prohibited for all individuals commercially applying pesticides unless those individuals or companies possess the appropriate certification. In New Hampshire this is certification as a commercial for hire pesticide applicator in the (F8) Microbial Pest Control category.

In summary, only appropriately certified individuals or companies may provide mold and fungus remediation services commercially in New Hampshire through the use of space sprays or Ultra Low Volume application equipment, such as handheld sprayers, backpack sprayers, tank type compression sprayers and manual bruch applicators is allowed under the janitorial exemption.

For more information about New Hampshire’s certification process for commercial for hire pesticide applicators, please visit http://agriculture.nh.gov/divisions/pesticide_control/documents/CFHINFO.SHT.pdf or contact the division of Pesticide Control at 603-270-3550.