1. (1) Before a dealer license as required by Code of Ala. 1975, §2-27-10, is issued to any person who sells, offers for sale or distributes restricted use pesticides to purchasers including farmer users, commercial applicators, pest control operators, and other users of Restricted Use Pesticides, the dealer or person in the dealer's employ shall demonstrate by written examination his ability and knowledge for safely handling, keeping, storing, delivering, transporting, and selling such products. Written examinations for pesticide dealers shall be conducted annually and at other times at various locations throughout the State of Alabama. The examination shall be prepared and assembled by representatives of the School of Agriculture and the Cooperative Extension Service of Auburn University, representatives of the Alabama Department of Agriculture and Industries and/or other agencies knowledgeable in the subject of pesticides. A passing grade must be scored on the written examination before a dealer license will be issued to an applicant. The name of the person passing the examination shall be included on the license as may be issued and that person shall be responsible for the restricted pesticide sales of the licensed dealer. In the event the person who took and passed the examination shall cease to be in the employ of the licensed dealer, the license shall be void until someone else in the employ of the dealer takes and passes the examination. All persons so examined shall take and pass a written examination every three years.

   In addition to the above mentioned personal qualifications, the dealer's physical premises such as his warehouse, his sales outlet, other handling and keeping facilities shall be subject to inspection and approval by the Commissioner or his authorized representatives of the Department of Agriculture and Industries.

2. (2) Each dealer selling Restricted Use Pesticide shall display the dealer license in a conspicuous location in his place of business.

3. (3) The dealer licensee shall maintain accurate and adequate records on forms supplied by the Commissioner of Sales of Restricted Use Pesticides to be kept in a post binder or similar binder or on a computer database and format approved by the Commissioner. The dealer licensee is required to maintain, for a minimum of three years, sales records of restricted use pesticides. These records shall include:

   1. (a) A log of Restricted Use Pesticide sales which shall show:

      1. 1. The date on which the Restricted Use Pesticide is sold;
      2. 2. The trade name of the Restricted Use Pesticide, and either the common name, if available, or the chemical name;
      3. 3. Name and address of person to whom delivery is made if other than the permit holder;
      4. 4. Restricted Use Pesticide Use Permit Number;
      5. 5. The amount and concentration of product sold; and
      6. 6. Name and address of the Pesticide Use Permit holder.
   2. (b) A copy of the dealer's invoice or other acceptable records of purchase of restricted use pesticides from the dealer.
4. (4) Sale of Restricted Use Pesticides shall be made only to persons holding a Pesticide Use Permit as required by this rule.
5. (5) Each person licensed as a dealer of restricted use pesticides shall, on or before January 1 of each year, submit to the Department of Agriculture and Industries payment of a permitting fee of $45.00 for each outlet through which that dealer engages in the sale of restricted use pesticide.
6. (6) A license issued to any dealer who fails to comply with or violates any of the requirements hereof shall be revoked.

Author: Charles H. Barnes, John P. Hagood, Robert J. Russell

Statutory Authority: Code of Ala. 1975, §§2-27-8, 2-27-10, 2-27-57.

History: Filed April 19, 1982. Amended: Filed August 16, 2004; effective September 20, 2004. Amended: Filed October 24, 2008; effective November 28, 2008.