1. A. LICENSE REQUIRED - 1. It shall be unlawful for any person to act, operate, or do business or advertise as a commercial, noncommercial, service technician, or private applicator unless the person has obtained a valid applicator's license issued by the State Board of Agriculture for the category of pesticide application in which the person is engaged.
2. 2. A license may be issued by the Board in any category of pesticide application if the applicant qualifies and the applicant is limited to the category of pesticide application named on the license. The Board may establish categories of pesticide application as necessary. Licenses shall be issued upon application to the Board on a form prescribed by the Board. The application shall contain information regarding the applicant's qualifications , proposed operations, and other information as specified by the Board. An aerial license shall not be issued or be valid unless the applicant files with the Board a copy of a valid document issued by the Federal Aviation Administration showing that the person is qualified to operate or supervise the operation of an aircraft conducting agricultural operations.
3. 3. Each business location shall require a separate license and separate certified applicator.
4. B. CERTIFICATION REQUIRED - 1. A license shall be issued only after satisfactory completion of the certification standards by the person who shall be the certified applicator under the license. The Board shall deny the application for certification, recertification, issuance, or renewal of a certificate or license for a failure to show proper qualification under the rules or for violations of any provisions of this subarticle. A certificate in any category shall be valid for five (5) years unless suspended, canceled, or revoked by the Board or until recertification is required for the category, and may be renewed after successful completion of recertification requirements. The Board may require certified applicators to be recertified once in a five-year period.
5. 2. A certified service technician identification shall be issued upon application and completion of certification standards determined by the Board. No person shall act, do business as, or advertise as a service technician unless the person has met all the qualifications and standards as required by the Board. The service technicians' identification shall be issued in the name of the licensed entity. The licensee shall ensure that the service technician identification is returned to the Board upon termination of the employee. A service technician identification shall be valid for a period of five (5) years unless suspended, canceled, or revoked by the Board, until recertification is required by the Board, or until the service technician leaves the employ of the licensed entity.

6. 3. Each license, except for private applicators, shall expire on the 31st day of December following issuance or renewal, and may be renewed for the ensuing calendar year, without penalty or reexamination, if a properly completed application is filed with the Board not later than the 1st day of January of each year. If application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the license. After the 1st day of February, in addition to the penalty, a reexamination shall be required.

   All private applicator licenses are in effect for five (5) years and may be renewed by application after completion of a continuing education program or written exam approved by the Board.

7. C. The following fees shall be paid to the Board:

   1. 1. A fee of Fifty Dollars ($50.00) for each category of pesticide application shall be paid to the Board for the issuance or renewal of a commercial applicator business license, not more than Two Hundred Fifty Dollars ($250.00) total category fees shall be charged annually to any business location of an applicator;
   2. 2. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each written examination conducted by the Board;
   3. 3. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each practical examination conducted by the Board;
   4. 4. A fee of Five Dollars ($5.00) shall be paid to the Board for the issuance or renewal of a private applicator's license;
   5. 5. A fee of Twenty Dollars ($20.00) shall be paid to the Board for the issuance or renewal of a noncommercial business license;
   6. 6. A fee of Ten Dollars ($10.00) shall be paid to the Board for the issuance or renewal of service technician identification;
   7. 7. A fee of Five Dollars ($5.00) shall be paid to the Board for the issuance of duplicate licenses or certificates or transfer of a service technician identification;
   8. 8. No fees shall be charged to governmental agencies or their employees in the discharge of their official duties;
   9. 9. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each recertification procedure; and
   10. 10. A fee of Twenty Dollars ($20.00) shall be paid to the Board for each reciprocal certification procedure for applicator certifications.
8. D. All fees shall be deposited in the State Department of Agriculture Revolving Fund.
9. E. Fees shall be paid to the Board prior to the processing of any application.
10. F. Failure to pay any fee identified with licenses, permits, pesticide registrations, or certification shall require the Board to deny the application.
11. G. INSURANCE REQUIRED - 1. The Board shall not issue a commercial applicator's license until the applicant has furnished evidence of an insurance policy or certificate by an insurer or broker authorized to do business in this state insuring the commercial applicator and any agents against liability resulting from the operations of the commercial applicator. The insurance shall not be applied to damage or injury to agricultural crops, plants, or land being worked upon by the commercial applicator.
12. 2. The amount of liability shall not be less than that set by the Board for each property damage arising out of actual use of any pesticide. The liability shall be maintained at not less than that sum at all times during the licensing period. The Board shall be notified fifteen (15) days prior to any reduction in liability.
13. 3. If the furnished liability becomes unsatisfactory, the applicant shall immediately execute new liability upon notice from the Board. If new liability is not immediately obtained, the Board shall, upon notice, cancel the license . It shall be unlawful for the person to engage in the business of applying pesticides until the liability is brought into compliance and the license reinstated.
14. H. DAMAGES - No action for alleged damages to growing annual crops or plants may be brought or maintained unless the person claiming the damages has filed with the Board a written statement of alleged damages on a form prescribed by the Board within ninety (90) days of the date that the alleged damages occurred, or prior to the time that twenty-five percent (25%) of a damaged crop has been harvested.
15. I. PERMIT REQUIRED - 1. It shall be unlawful for any person to sell, offer for sale, or distribute within this state any restricted use pesticide without first obtaining a restricted use pesticide dealer's permit issued by the Board;
16. 2. A permit may be issued by the Board in any category of pesticide sales if the applicant qualifies under the provisions of this subarticle and the applicant is limited to the category of pesticide sales named on the permit. The Board may establish categories of pesticide sales as necessary;
17. 3. The permit shall be issued only upon application on a form prescribed by the Board and the application shall contain information regarding the applicant's proposed operation and other information as specified by the Board;
18. 4. Each business location engaged in the sale or distribution of restricted use pesticides shall require a separate permit;
19. 5. The annual permit fee for a restricted use pesticide dealer permit shall be Twenty Dollars ($20.00) for each location; and
20. 6. The Board may require a certified applicator to be present at any location where designated restricted use pesticide sales occur.
21. J. PESTICIDE REGISTRATION REQUIRED - 1. Every pesticide or device distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate or interstate commerce shall be registered with the Board.

22. 2. The registrant shall file with the Board a statement including, but not limited to:

    1. a. the name and address of the registrant and the name and address of the person whose name shall appear on the label, if other than the registrant,
    2. b. the name of the pesticide or device,
    3. c. a complete copy of the labeling accompanying the pesticide or device and a statement of all claims to be made for it, and directions for use, and
    4. d. if requested by the Board, a full description of the tests made and the results upon which the claims are based. In renewing a registration, a statement shall be required only with respect to information which is different from the information furnished when the pesticide or device was last registered.
23. 3. Each registrant shall pay to the Board an annual registration fee of One Hundred Dollars ($100.00) for each pesticide or device label registered. These fees shall be used by the State Department of Agriculture for purposes of administering pesticide management programs.
24. 4. The Board may require the submission of the complete formula of any pesticide. If it appears to the Board that the composition of the pesticide is adequate to warrant the proposed claims and if the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subarticle, then the pesticide shall be registered.
25. 5. If it does not appear to the Board that the pesticide is adequate to warrant the proposed claims for it or if the pesticide, its labeling, and other material required to be submitted do not comply with the provisions of this subarticle, it shall notify the applicant of the deficiencies in the pesticide, labeling, or other material required and afford the applicant an opportunity to make the necessary corrections. If the applicant claims, in writing, that the corrections are not necessary and requests in writing a hearing regarding the registration of the pesticide, the Board shall provide an opportunity for a hearing before refusing to issue the registration. In order to protect the public, the Board may at any time cancel the registration of a product or device. In no event, shall registration of a pesticide be considered as a defense or excuse for the commission of any offense prohibited under this subarticle.
26. 6. The Board may require that pesticides be distinctively colored or discolored to protect the public health.
27. 7. Registration shall not be required in the case of a pesticide shipped from one plant or place within this state to another plant or place within this state that is operated by the same person.
28. K. CATEGORIES OF LICENSES AND PERMITS - The Board may establish any category of license for pesticide application or any category of permit for pesticide sales.
29. L. PERMIT AND PESTICIDE REGISTRATION EXPIRATION - 1. All permits for pesticide sales shall be issued for a period of one (1) year and the permits shall be renewed annually and shall expire on a date determined by the Board. A permit may be renewed for the ensuing year, without penalty, if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration. If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the permit.
30. 2. All pesticide registrations shall be issued for a period of one (1) year. The registration shall be renewed annually and shall expire on a date to be determined by the Board. Pesticide registrations may be renewed for the ensuing year, without penalty, if a properly completed application is filed with the Board not later than the fifteenth day of the month first following the date of expiration. If the application is not received by that date, a penalty of twice the amount of the renewal fee shall be charged for renewal of the pesticide registration.

Laws 1984, HB 1882, c. 156, § 2, eff. November 1, 1984; Amended by Laws 1986, HB 1830, c. 285, § 2, eff. November 1, 1986; Amended by Laws 2000, SB 1424, c. 367, § 11, emerg. eff. June 6, 2000 (superseded document available).