Agriculture, Dept. of

General Agency, Board or Commission Rules

Chapter 62: Pesticide Dealer and Applicator Recordkeeping and Reciprocal Licensing for Pesticide Applicators

Effective Date: 12/18/2024 to Current

Rule Type: Current Rules & Regulations

Reference Number: 010.0005.62.12182024

Chapter 62

Pesticide Dealer and Applicator Recordkeeping and Reciprocal Licensing for Pesticide Applicators

Section 1. Authority. These regulations are promulgated in accordance with the authority provided in Wyoming Statute 35-7-362 and 35-7-374(a).

Section 2. Definitions. Any applicable term defined in W.S. 35-7-354 or in the Chapter 28 Pesticide Applicator Certification regulations promulgated by the Board of Certification (“Chapter 28”) has the same meaning throughout these regulations. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to affect their purpose.

Section 3. Pesticide Dealer Recordkeeping Requirements.

(a) Licensed pesticide dealers must maintain and retain accurate and legible records of all sales of restricted use pesticides for a period of two years.

(b) Licensed pesticide dealers must maintain records of all sales of restricted use pesticides to certified applicators at each dealership. Records must contain all of the following information:

1. (i) The date of the transaction;
2. (ii) The name and address of the purchaser;
3. (iii) The applicator’s license number;
4. (iv) The certification categories listed on the applicator’s license;
5. (v) The license expiration date;
6. (vi) The type of pesticide, including:
7. (A) The brand name,
8. (B) The EPA registration number, and
9. (C) If applicable, the state special local need registration number; and
   1. (I) The quantity of pesticides distributed or sold in the transaction.

(c) If an apprentice applicator seeks to obtain a restricted use pesticide from a licensed pesticide dealer on behalf of a commercial or private applicator, the licensed pesticide dealer must maintain records as required under subsection (b) of this section. A licensed pesticide dealer must also obtain:

(i) Documentation from the commercial or private applicator that authorizes the apprentice applicator to act on the commercial or private applicator’s behalf;

(ii) The name and address of the apprentice applicator; and

(iii) The type of document from which the name and address was obtained.

Section 4. Pesticide Applicator Recordkeeping.

(a) Commercial applicators must maintain records for any commercial pesticide application. The records must include all of the following:

(i) The name and address of the person for whom the application was made, and if applicable, who purchased the pesticide;

(ii) The location of the pesticide application;

(iii) The size of the area treated;

(iv) The crop, commodity, stored product, or site to which the pesticide was applied;

(v) The pest controlled;

(vi) The pesticides applied, including:

(A) The brand name of the pesticide;

(B) The EPA registration number;

(C) If applicable, the state special local need registration number;

(D) The total amount of pesticide applied per location per application;

(E) The rate of application; and

(F) The method of application;

1. (I) The date and time of application;
2. (II) The temperature and wind direction and speed at the time of application;
3. (III) The name and certification number of the commercial applicator that made or supervised the application, and if applicable, the name of any apprentice commercial applicators that made the application under the direct supervision of the commercial applicator; and
4. (IV) The records required under Section 6 of Chapter 28.(b) Records of customer notification required in Section 12 of Chapter 28.(c) Private applicators must maintain records for restricted use pesticide applications that include all of the following:- (i) The brand or product name, and the EPA registration number of the restricted use pesticide that was applied;
5. (ii) The total amount of the restricted use pesticide applied;
6. (iii) The location of the application, the size of area treated, and the crop, commodity, stored product, or site to which a restricted use pesticide was applied. The location of the application may be recorded using any of the following designations:
7. (A) County, range, township, and section;
8. (B) An identification system utilizing maps, written descriptions, or both that accurately identify location;
9. (C) An identification system established by a United States Department of Agriculture agency that utilizes maps and numbering system to identify field locations; or
10. (D) The legal property description;
11. (iv) The month, day, and year on which the restricted use pesticide application occurred; and
12. (v) The name and license number of the private applicator who applied or who supervised the application of the restricted use pesticide.

(c) All persons required to keep records under this section must allow the Department to inspect them during normal working hours.

(d) Commercial and private applicators must maintain and retain all required accurate and legible records of all pesticides applied during an application for two years from the date of that application.

Section 5. Reciprocal Licensing.

(a) Non-resident applicators may apply for a reciprocal license if the other state accepts Wyoming licenses for reciprocity.

(b) To be eligible for a reciprocal license, the applicant must have been issued a license based on an examination in the reciprocating state.

(c) The Department will compare the applicator categories on the license from the issuing state with the relevant categories set forth in the Chapter 28. If the Department determines that the issuing state's category is not eligible for reciprocity and that category is required for applications that the reciprocal license applicant plans to make in Wyoming, the reciprocal license applicant will be ineligible for a reciprocal license.

(d) To receive a reciprocal license from the Department, the reciprocal license applicant must:

(i) Request that a letter from the licensing authority in the state where the applicator has been issued a license be sent to the Department. The letter must show that the reciprocal license applicant holds a license in good standing;

(ii) Complete all forms and submit any information the Department requires to process the application;

(iii) Submit a legible copy (front and back) of the current pesticide applicator license from the issuing state and a legible copy (front and back) of a valid government-issued photo identification; and

(iv) Submit a certificate of insurance or proof of bonding as required by W.S. 35-7-362. For federal government licensees, the insurance requirement does not apply.

(e) Reciprocal license holders may not directly supervise any apprentice applicator making applications in Wyoming.

(f) The Department may recognize any government classified license issued by the federal government and reciprocate as it would with any other license.

(g) Reciprocal license holders do not have to obtain continuing education to maintain their reciprocal licenses.

(h) A reciprocal license expires three years from the issuing date or on the date that the non-resident applicator's license from the reciprocating state expires, whichever comes earlier.

(i) A reciprocal license holder must immediately notify the Department of any violations he or she committed or any suspensions or revocations of any licenses or certifications he or she holds regardless of whether that license is the basis for the holder's Wyoming reciprocal license.

Section 6. Reciprocal License Denial, Suspension, Revocation, and Appeals.

(a) Any violation of these regulations, Chapter 28, or the Act may result in the denial, suspension, or revocation of any reciprocal license issued pursuant to the Act or these regulations.

(b) The Department will deny a reciprocal license application if:

1. (i) The applicant has made a materially false statement(s) on the application;
2. (ii) The applicant failed to submit the appropriate fee; or
3. (iii) The applicant failed to submit a correct and complete application.

(c) The Department may deny a reciprocal license application if the applicant has failed to comply with these regulations, Chapter 28, or the Act, or if the applicant has committed a violation related to pesticides in another state.

(d) If the Department denies a reciprocal license application, the Department shall provide the applicant with a notice that includes:

1. (i) The specific reasons for the denial and citations to the applicable provisions of the Act or regulations;
2. (ii) The actions, if any, that the applicant must take to qualify for a reciprocal license;
3. (iii) Notice of the applicant's right to request a hearing; and
4. (iv) The legal authority under which the hearing is to be held.

(e) If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

(f) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(g) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.

(h) If prior to the hearing the applicant supplies evidence of correction and all other reciprocal license requirements have been met, the Department may issue a reciprocal license and cancel the hearing.

(i) Pursuant to W.S. 35-7-359, the Department may immediately suspend a reciprocal license upon discovery of any violation under W.S. 35-7-359(c), and may reinstate a suspended reciprocal license following a hearing pursuant to the Wyoming Administrative Procedure Act.

(j) If the Department suspends a reciprocal license, the Department shall provide the reciprocal licensee with a notice that includes:

(i) The specific reasons for the suspension and citations to the applicable provisions of the Act or regulations;

(ii) The actions, if any, that the reciprocal licensee must take to be eligible for reinstatement;

(iii) Notice of the reciprocal licensee’s right to request a hearing; and

(iv) The legal authority under which the hearing is to be held.

(k) If the reciprocal licensee wants a hearing to contest the suspension, the reciprocal licensee must request a hearing within 20 days of receiving the notice.

(l) If a hearing is requested, the Department shall schedule a time and place for the hearing, to be held not later than 30 days from the date of the request unless a later date is agreed to by the parties.

(m) The Department shall notify the reciprocal licensee of the time, date, and place of the hearing at least seven days before the hearing date.

(n) If prior to the hearing the reciprocal licensee supplies evidence of rectifying the violation that caused the suspension and the reciprocal licensee has not committed any other violations, the Department may reinstate the reciprocal license and cancel the hearing.

(o) If the Department receives notification that the reciprocal licensee's original certification has been terminated for any reason, including that the reciprocal licensee has been convicted under section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act or has been subject to a final order imposing a civil penalty under section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, the Department will proceed to revoke the reciprocal licensee's license.

(p) If the Department decides to revoke a reciprocal license, the Department will provide the reciprocal licensee with a revocation notice, which shall state:

(i) That the reciprocal license shall be revoked 20 days after receipt of the revocation notice and that all pesticide applications shall cease at that time unless a contested case hearing is requested;

(ii) The reasons for revocation and citations to the applicable provisions of the Act, these regulations, or Chapter 28;

(iii) That the reciprocal licensee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;

(iv) The name and address of the Department representative to whom a request for a hearing may be made; and

(v) That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with W.S. 16-3-107 through -115 and the Department's Rules of Practice and Procedures for Contested Case Hearings.

(q) The Department shall send all notices in this section by certified mail, return receipt requested.

(r) If the reciprocal licensee does not confirm attendance at the requested hearing within five days of the scheduled hearing, the Department will cancel the hearing.

(s) The director of the Department shall issue the final decision, accompanied by written findings of fact and conclusions of law.

(t) The Department shall deliver the final decision to the reciprocal licensee by certified mail, return receipt requested.

(u) Hearings: All hearings provided for in these rules shall be conducted in accordance with the Department’s Rules of Practice and Procedures for Contested Case Hearings. Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.