The following rules are promulgated to clarify the State Plant Board's intent relative to certain sections of the Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq.:

1. (1) Arkansas Code § 17-37-102, Definitions.

   1. (A)

      1. (i) “Agent”.
      2. (ii) An agent is an individual employed by a license holder.
      3. (iii) An agent’s registration will be issued upon the written request by a license holder on forms prescribed by the Department of Agriculture only in the name of the person who is an employee of the license holder making the application.
      4. (iv) Individuals for whom an agent's registration is requested shall not be an employee, owner operator, franchise holder, or independent contractor of any pest control service other than that of the license holder.
      5. (v) An agent may be terminated by the license holder at any time.
      6. (vi) All contractual agreements for pest control services executed between agents and customers are the property of the license holder.

   2. (B)

      1. (i) “License holder”.
      2. (ii) A commercial applicator license shall not be required of license holders who employ licensed commercial applicators (licensed operators) and who do not themselves use or supervise the use of restricted use pesticides.

   3. (C)

      1. (i) “Licensed operator (commercial applicator)”.
      2. (ii) A licensed operator is a person who has fully qualified and has passed the State Plant Board’s written examination and has in force a valid license from the board to engage in the work indicated in the license.
      3. (iii) The person shall also have met the requirements of and be eligible for certification under the Federal Insecticide, Fungicide, and Rodenticide Act and state law as a commercial applicator;
2. (2) Arkansas Code § 17-37-206, License application. Persons holding valid licenses issued under the authority of the Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq., whose licenses become subject to renewal, shall be examined and found to meet the Standards for Licensing and Certification of Pesticide Applicators set forth in Sections 171.4 through 171.6 of the Code of Federal Regulations, 40 C.F.R. pt. 171, pursuant to FIFRA, as amended;

3. (3) Arkansas Code § 17-37-216, Refusal to issue a license, and Arkansas Code § 17-37-217, Grounds for license invalidation or nonrenewal.

   1. (A)

      1. (i) In addition to invalidation and denial, this section shall also be considered as providing for the suspension of a:

         1. (a) (a) License;
         2. (b) (b) Certificate; or
      2. (c) (c) Agent registration.

      3. (ii) Items one (1) through eleven (11) shall be considered as grounds for suspension as well as denial or invalidation of a:

         1. (a) (a) License;
         2. (b) (b) Certificate; or
      4. (c) (c) Agent registration.
   2. (B) In addition, the use of a pesticide inconsistent with its labeling shall also be considered grounds for denial, suspension, or invalidation of a license, certificate, or agent registration;
4. (4) Arkansas Code § 17-37-202(b), Exemption for unlicensed operators under supervision of license holders. Shall provide for the use of general use pesticides only, during the period of time a pest control company may operate without a commercial applicator (licensed operator);
5. (5) Arkansas Code § 17-37-203, Exemptions for noncommercial applicators — Limitations. The exemptions stated in Arkansas Code § 17-37-203 shall apply only to persons who use general use pesticides;
6. (6) Arkansas Code § 17-37-103, Penalties. Items one (1) through eleven (11) of Arkansas Code § 17-37-217 shall be considered violations of the Arkansas Pest Control Law, Arkansas Code § 17-37-101 et seq., and its rules and shall be subject to the penalties stated in Arkansas Code § 17-37-103 and the Pest Control Enforcement Response Rules as stated in Subpart 14 of this part; and
7. (7) Arkansas Code § 17-37-106, Prior rules [repealed]. This section does not repeal Acts 1975, No. 389, Arkansas Code § 20-20-202 et seq., or Acts 1975, No. 410, Arkansas Code § 2-16-402 et seq., or any part of either act.

Codification Notes: Arkansas Code § 17-37-106 was repealed by Acts 2013, No. 1147.