Effective 28 Aug 2019

281.035. Certified commercial applicator's license required when, annual fee — application for license, how made — examinations — records to be kept — incapacity of sole certified applicator, effect of. — 1. No individual shall engage in the business of determining the need for the use of, supervising the use of, or using any pesticide, in categories as specified by regulation, on the lands of another at any time without a certified commercial applicator's license issued by the director. A certified commercial applicator shall not determine the need for the use of, supervise the use of or use any pesticide for any particular purpose unless he or she has demonstrated his or her competence to use pesticides for that purpose by being certified by the director in the proper certification category. The director shall require an annual fee of sixty-five dollars for each certified commercial applicator's license issued. No certified commercial applicator shall knowingly authorize, direct, or instruct any individual to engage in determining the need for the use of or using any pesticide on the land of another at any time unless such individual is a pesticide technician or pesticide technician trainee in such categories as specified by regulation or is working under the direct supervision of a certified commercial applicator so authorizing, directing or instructing, in which case the certified commercial applicator shall be liable for any use of a pesticide by an individual operating under his or her direct supervision. The certified commercial applicator or the employer shall assure that the director is informed in writing within ten working days of the employment of any person as a pesticide technician or pesticide technician trainee.

2. Application for a certified commercial applicator's license shall be made in writing to the director on a designated form obtained from the director's office. Each application shall include such information as prescribed by the director by regulation.

3. The director shall not issue a certified commercial applicator's license until the applicant is certified by passing an examination provided by the director to demonstrate to the director his or her competence and knowledge of the proper use of pesticides under the classifications he or she had applied for, and his or her knowledge of the standards prescribed by regulations for the certification of commercial applicators.

4. The director may renew any certified commercial applicator's license under the classification for which such applicant is licensed, subject to reexamination for additional knowledge that may be required to use pesticides safely and properly either manually or with equipment the applicant has been licensed to operate.

5. If the director finds the applicant qualified to use pesticides in the classification for which application has been made, and if the applicant files evidence that the requirement for bonds or insurance has been met as required under section 281.065, the director shall issue a certified commercial applicator's license limited to the classifications for which he or she is qualified, which shall expire one year from date of issuance unless it has been revoked or suspended prior thereto by the director for cause; provided, such financial responsibility required under section 281.065 does not expire at an earlier date, in which case said license shall expire upon the expiration date of the financial responsibility. The director may limit the license of the applicant to the use of certain restricted use pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.

6. The director shall require each certified commercial applicator or his or her employer to maintain records with respect to applications of any pesticide. Such relevant information as the director may deem necessary may be specified by regulation. Such records shall be kept for a period of three years from the date of the application of the pesticide to which such records refer, and the director shall, upon request in writing, be furnished with a copy of such records by any certified commercial applicator or his or her employer.

7. A person or individual engaged in the business of using pesticides on the lands of another, who is deprived of his or her sole certified commercial applicator by reason of death, illness, incapacity or any absence which the director determines is unavoidable, is authorized to continue business operations without the services of a certified commercial applicator for a period of time deemed appropriate by the director, but not to exceed sixty days; except that, no restricted-use pesticide shall be used, or caused to be used, by such person or individual. Any such person or individual shall immediately notify the director as to the absence of his or her sole certified commercial applicator.

8. Every certified commercial applicator shall display his or her license in a prominent place at the site, location or office from which he or she will operate as a certified commercial applicator; that place, location or office being at the address printed on the license.

9. Every certified commercial applicator who changes the address from which he or she will operate as a certified commercial applicator shall immediately notify the director. The director shall immediately issue a revised license upon which shall be printed the changed address. The director shall not collect a fee for the issuance of a revised license. The expiration date of the revised license shall be the same as the expiration date for the original license.

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(L. 1974 S.B. 431 § 6, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2019 S.B. 133)