KF3959.Z95 730R76107
U558
1976
ANALYZING
PESTICIDE LEGISLATION
DIGEST OF
STATE
PESTICIDE USE AND APPLICATION
LAWS
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Pesticide Programs
OPERATIONS DIVISION
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730R76102
GU I n F R1R ANAIY7TNG
PESTICIDE LEGISLATION
DIGEST OF
STATE
PESTICIDE USE AND APPLICATION
LAWS
ENVIRONMENTAL PROTECTION AGENCY
Office of Pesticides Programs
Operations Division
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INTRODUCTION
THIS PUBLICATION REPRESENTS AN UPDATING OF PREVIOUS ISSUES HAVING THE SAME TITLE. THE FORMAT IS
ESSENTIALLY THE SAME AS PREVIOUS EDITIONS, BUT SOME AREAS HAVE BEEN EXPANDED, PARTICULARLY THE
"AUTHORIZATIONS" FOUND IN THE STATUTES (AND IN SOME CASES IN REGULATIONS). IT IS CURRENT THROUGH
STATE LEGISLATIVE SESSIONS OF CALENDAR YEAR 1975.
CITATIONS FOLLOW THE HARVARD LAW REVIEW RECOMMENDATIONS AS FAR AS POSSIBLE. THE YEAR SHOWN IN
THE CITATION IS GENERALLY THE YEAR THE REFERENCE VOLUME WAS PUBLISHED OR COPYRIGHTED.
ALL STATE LAWS (ABOUT 120) RELATING IN SOME MANNER TO PESTICIDES, OR TO PERSONS WHO USE PESTI-
CIDES, HAVE BEEN DIVIDED INTO THREE GROUPS, AND THOSE LAWS, OR PORTIONS OF LAWS, RELATING TO THE
USE AND APPLICATION OF PESTICIDES ARE INCLUDED IN THIS DIGEST.
1. REGISTRATION LAWS:
REGISTRATION LAWS ARE THOSE WHICH REGULATE THE PRODUCTION AND MARKETING OF PESTICIDES BY
REQUIRING COMPLIANCE WITH REGISTRATION AND LABELING CRITERIA PRIOR TO SHIPMENT IN COMMERCE.
THEY HAVE OFTEN BEEN REFERRED TO AS "ECONOMIC POISON LAWS," "PESTICIDE CONTROL LAWS," OR
INSECTICIDE, FUNGICIDE AND RODENTICIDE ACTS. MORE RECENT ENACTMENTS USUALLY USE THE TERM
"PESTICIDE" SOMEWHERE IN THEIR TITLES AND HAVE DROPPED THE TERM "ECONOMIC POISON" IN THE
DEFINITION SECTION. THE REGISTRATION LAWS ARE QUITE DIFFERENT FROM THE USE AND APPLICATION
LAWS, IN THAT THEY RELATE TO CHEMICALS OR SUBSTANCES AND NOT TO PEOPLE WHO USE THEM.
THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, (FIFRA), WHICH WAS AMENDED BY THE
FEDERAL ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1972 (FEPCA), RELATES TO DEFOLIANTS, DESIC-
CANTS, DEVICES, FUNGICIDES, INSECTICIDES, NEMATOCIDES, PLANT REGULATORS, RODENTICIDES AND
HERBICIDES (I.E., SUBSTANCES OR MIXTURES OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING,
REPELLING, OR MITIGATING PESTS), BUT RETAINS THE TITLE ENACTED IN 1947. FEPCA AMENDED
PRACTICALLY EVERYTHING IN FIFRA, EXCEPT THE TITLE. PRIOR TO 1972, FIFRA WAS A REGISTRATION
LAW RELATING TO INTERSTATE COMMERCE, WHILE STATE REGISTRATION LAWS WERE AND STILL ARE RE-
STRICTED TO INTRA-STATE COMMERCE. FIFRA NOW RELATES TO SHIPMENTS OF PESTICIDES IN COMMERCE,
AND (AFTER 1972) TO THE USE AND APPLICATION OF PESTICIDES.
ALL STATES HAVE REGISTRATION LAWS.
2. USE AND APPLICATION ACTS:
A. STRUCTURAL PEST CONTROL LAWS - RELATE TO CONTROL OF PESTS IN STRUCTURES AND ON PREMISES.
THESE WERE THE EARLIEST FORMS OF STATE PESTICIDE CONTROL LEGISLATION AND INITIALLY REGU-
LATED FUMIGATION OF DWELLINGS FOR HEALTH PURPOSES; LATER, EXPANDED TO INCLUDE WAREHOUSES.
STORAGE AND TRANSPORTATION STRUCTURES, AND TERMITE CONTROL. SIXTEEN STATES HAVE SEPARATE
STATUTES WHICH RELATE ONLY TO STRUCTURAL PEST CONTROL. OTHER STATES INCLUDE STRUCTURAL
PEST CONTROL AS ONE CATEGORY OF THEIR GENERAL USE AND APPLICATION LAWS.
B. LICENSING AND CERTIFICATION LAWS - REQUIRE EXAMINATION AND LICENSING OR CERTIFICATION
OF PERSONS WHO USE PESTICIDES. THEY NORMALLY REQUIRE A BUSINESS LICENSE TO ENGAGE IN
PEST CONTROL. IN ACCORDANCE WITH REQUIREMENTS OF FIFRA, ALMOST ALL RECENT STATE PESTI-
CIDE LAWS REQUIRE EXAMINATION AND LICENSING OR CERTIFICATION OF PERSONS WHO WISH TO
USE "RESTRICTED USE PESTICIDES." THE TERMS LICENSE, LICENSEE, CERTIFY, CERTIFIED,
AND CERTIFICATION USED IN RECENT STATE STATUTES HAVE NOT ALWAYS BEEN WELL DEFINED.
C. PROFESSIONAL EXAMINING BOARDS - REGULATE PERSONS IN PROFESSIONS CONCERNED WITH THE USE
AND APPLICATION OF PESTICIDES, SUCH AS ENTOMOLOGISTS, PATHOLOGISTS, HORTICULTURISTS AND
WEED CONTROL SPECIALISTS. SOME PROFESSIONS WHICH OCCASIONALLY USE PESTICIDES IN THEIR
PRACTICE (E.G., DOCTORS OF MEDICINE, AND DOCTORS OF VETERINARY MEDICINE) ARE GENERALLY
EXEMPTED.
D. RESTRICTED MATERIALS LAWS - PROHIBIT OR RESTRICT USE OF CERTAIN PESTICIDES AND MAY RE-
QUIRE THE PURCHASER TO OBTAIN A PERMIT BEFORE PURCHASING, POSSESSING, OR USING CERTAIN
RESTRICTED MATERIALS; AND MAY REQUIRE DEALERS IN SUCH COMMODITIES TO BE EXAMINED AND
LICENSED. ONLY A FEW STATES HAVE THESE STATUTES SEPARATE FROM THEIR GENERAL PESTICIDE
CONTROL LAWS.
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E. AERIAL APPLICATOR LAWS - SEPARATE LAWS RELATING ONLY TO THE QUALIFICATION OF PERSONS
WHO APPLY PESTICIDES WITH AIRCRAFT. THEY REGULATE QUALIFICATIONS OF PILOTS AND RE-
QUIRE KNOWLEDGE OF AERIAL APPLICATION OF PESTICIDES. FOUR STATES HAVE SUCH STATUTES;
FEDERAL REGULATIONS ALSO COVER THIS AREA OF PESTICIDE USAGE AND ARE FOUND IN THE CODE
OF FEDERAL REGULATIONS TITLE 14, SECTION 137, (14 CFR 137).
3. CONSOLIDATED LAWS:
FIFTEEN STATES HAVE COMBINED REGISTRATION AND USE AND APPLICATION LAWS INTO ONE ACT, BUT 3
OF THESE 15 STATES HAVE KEPT THE STRUCTURAL PEST CONTROL LAW AS A SEPARATE STATUTE AND
GENERALLY ADMINISTER IT THROUGH SEPARATE UNITS OF GOVERNMENT.
STATE PESTICIDE CONTROL LAWS GOVERNING TOLERANCES FOR PESTICIDE RESIDUES IN OR ON RAW AGRI-
CULTURAL COMMODITIES ARE NOT INCLUDED IN THIS DIGEST, SINCE THOSE STATES WHICH HAVE SUCH
PROVISIONS GENERALLY FOLLOW SECTION 408 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT (MILLER
AMENDMENT) AND ACCEPT FEDERALLY ESTABLISHED TOLERANCES.
THIS EDITION OF THE DIGEST IS A COMPUTER PRINT-OUT OF INFORMATION STORED IN THE EPA COMPUTER.
PREVIOUS EDITIONS WERE PREPARED MANUALLY USING CONVENTIONAL TYPEWRITERS. WHILE THERE ARE
CERTAIN DISADVANTAGES (PARTICULARLY IN STYLE) TO COMPUTER PRINT-OUTS, THE EASE IN CHANGING
TEXT AND MAKING OTHER REVISIONS AS LAWS ARE ENACTED, AMENDED, OR REPEALED, MORE THAN OFFSETS
THE ADVANTAGES OF MANUAL PREPARATION.
CURRENT DIGESTS OF STATE PESTICIDE AND USE AND APPLICATION LAWS CAN BE OBTAINED AS COMPUTER
PRINT-OUTS BY EPA REGIONS FOR AGENCY USE. THERE IS A CERTAIN AMOUNT OF TIME LAG BETWEEN
ENACTMENT OF STATE PESTICIDE LEGISLATION AND DIGEST UPDATES. IN THE CASE OF REGULATIONS,
CONSIDERABLE TIME MAY ELAPSE BETWEEN THE ENACTMENT OF THE LAW AND PROMULGATION OF RULES AND
REGULATIONS. ADDITIONALLY, FEW STATE LAW LIBRARIES MAINTAIN COPIES OF STATE REGULATIONS.
ONLY A MINORITY OF THE STATES HAVE ADMINISTRATIVE PROCEDURE ACTS WHICH REQUIRE COMPILATION
AND CODIFICATION OF THEIR RULES AND REGULATIONS (AS COMPARED TO THE CODE OF FEDERAL REGU-
LATIONS) .
THIS DIGEST CONTAINS INFORMATION FROM BOTH LAW AND REGULATION, BUT GENERALLY NO ATTEMPT HAS
BEEN MADE TO DIFFERENTIATE BETWEEN THEM. IN SOME CASES, PARTICULARLY RECENTLY ENACTED
STATUTES, REGULATIONS HAVE NOT BEEN ISSUED. IT FREQUENTLY REQUIRES A YEAR OR MORE AFTER
PASSAGE OF A LAW TO FINALIZE REGULATIONS, AND USUALLY THERE IS SOME PROVISION THAT THE OLD
REGULATIONS WILL REMAIN IN EFFECT UNTIL NEW ONES ARE PROMULGATED.
THE SECTION ON PROHIBITED ACTS IS INTENDED TO CONVEY THE PRINCIPAL PURPOSE OF THE LAW AND
DOES NOT TOUCH ON EVERYTHING THAT IS PROHIBITED BY STATUTE. ALMOST ALL OF THE LAWS REQUIRE
A LICENSE TO DO BUSINESS, AND REQUIRE PERSONS WHO USE RESTRICTED PESTICIDES TO BE CERTIFIED AS
COMPETENT TO USE THEM. A GREAT BULK OF THE REGULATIONS, OF COURSE, GO BEYOND THIS AND CONSTI-
TUTE PROHIBITED ACTS.
A STANDARD FORMAT IS USED FOR EACH DIGEST OF THE APPLICABLE LAW IN ORDER TO ACHIEVE UNIFORMITY
AND PERMIT COMPARISON. BECAUSE OF THE GREAT DIVERSITY OF CONTENT BETWEEN STATE PESTICIDE
CONTROL LAWS, THE FORMAT DOES NOT ALWAYS FIT EVERY INDIVIDUAL STATUTE. AN EXPLANATION
OF THE FORMAT IS INCLUDED AT THE END OF THE DIGEST.
THIS PUBLICATION CONTAINS DIGESTS OF 78 STATE PESTICIDE USE AND APPLICATION LAWS OR PORTIONS
OF THOSE LAWS WHICH RELATE TO THE USE AND APPLICATION OF PESTICIDES. A FEW STATUTES (NOT
INCLUDED) ARE BORDERLINE CASES, WHERE THE PURPOSE OF THE STATUTE IS TO ESTABLISH GEOGRAPHICAL
AREAS WITHIN WHICH THE USE OF PESTICIDES MAY BE PROHIBITED OR RESTRICTED; E.G., GRAPE-GROWING
AREAS SENSITIVE TO THE USE OF HERBICIDES.
THE MATERIAL IN THIS PUBLICATION WAS SUBMITTED TO THE RESPECTIVE EPA REGIONS FOR REVIEW AND
COMMENT.
JUNE 1976
EMERSON R. BAKER, J. D.
CONSULTANT, EPA
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(AL-01-02-01)
ALABAMA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
CUSTOM APPLICATION OF PESTICIDES
(CODE OF ALA., TIT. 2, S 337(12A) TO 337(12N), SUPP.
UNLAWFUL TO:
1973)
1. "... ENGAGE IN THE CUSTOM APPLICATION OF PESTICIDES ... WITV^TT
FIRST PROCURING AN ANNUAL LICENSE FROM THE COMMISSIONER (OF AGRICUL-
TURE AND INDUSTRIES),
2. "... DISCARD, DISPOSE OF OR OTHERWISE HANDLE ANY PESTICIDE OR
PESTICIDE CONTAINER ... (IN A MANNER HARMFUL TO MAN, ANIMALS, WILD-
LIFE, ENVIRONMENT, ETC.)... "
1. APPLICATION OF PESTICIDES TO LAWNS, TREES OR SHRUBS
2. STRUCTURAL OR HOUSEHOLD PEST CONTROL ACTIVITIES
3. FARMERS ON OWN LAND
4. MUNICIPALITIES, COUNTIES, STATE, FEDERAL, OR LOCAL GOVERNMENTAL
BODIES (BUT NOT WORK DONE FOR THEM BY INDEPENDENT CONTRACTORS).
1. DEMONSTRATION PEST CONTROL
2. AGRICULTURAL PEST CONTROL
3. FOREST PEST CONTROL
4. RIGHT-OF-WAY PEST CONTROL
NOT SPECIFIED IN ACT.
ON FORMS FURNISHED BY THE COMMISSIONER; GIVING SPECIFIED STATUTORY
INFORMATION, INCLUDING QUALIFICATIONS.
WRITTEN EXAMINATION REQUIRED. APPLICANT MUST POSSESS "... ADEQUATE
KNOWLEDGE CONCERNING THE PROPER USE AND APPLICATION OF PESTICIDES AND
THE DANGERS INVOLVED ... PRECAUTIONS TO BE TAKEN ... AND THE KNOW-
LEDGE AND ABILITY OF THE EFFECTIVE USE OF PESTICIDES ..."
EXAMINATION FEE $ 10.00
GROUND APPLICATION LICENSE 50.00
AERIAL APPLICATION LICENSE, ONE AIRCRAFT 50.00
MORE THAN ONE 10.00
(FOR EACH ADDITIONAL AIRCRAFT BUT NOT TO EXCEED $100.00)
BOTH GROUND AND AERIAL APPLICATION LICENSE, ONE AIRCRAFT 50.00
MORE THAN ONE 10.00
(FOR EACH ADDITIONAL AIRCRAFT BUT NOT TO EXCEED $100.00)
ANNUAL LICENSE ISSUED BY COMMISSIONER IF APPLICANT FOUND QUALIFIED;
EXPIRES DECEMBER 31 OF YEAR ISSUED.
RENEWABLE JANUARY 1 BY PAYMENT OF ANNUAL LICENSE FEE. PENALTY OF 10%
ADDED TO DELINQUENT RENEWALS (FEBRUARY 15 OR WITHIN 45 DAYS OF DUE
DATE).
RECIPROCITY PROVIDED.
YES
YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
1975
la
ALABAMA
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ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS '
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"PESTICIDE ADVISORY COMMITTEE. (1) A PESTICIDE ADVISORY COMMITTEE
IS HEREBY CREATED AS FOLLOWS: TWO (2) MEMBERS FROM THE SCHOOL
OF AGRICULTURE AND AGRICULTURAL EXPERIMENT STATION OF AUBURN
UNIVERSITY TO BE APPOINTED BY ITS DEAN AND DIRECTOR: TWO (2)
MEMBERS FROM THE COOPERATIVE AGRICULTURAL EXTENSION SERVICE OF
AUBURN UNIVERSITY TO BE APPOINTED BY ITS DIRECTOR; TWO (2)
MEMBERS IN THE EMPLOY OF THE STATE DEPARTMENT OF AGRICULTURE
AND INDUSTRIES TO BE APPOINTED BY ITS COMMISSIONER; TWO (2)
MEMBERS IN THE EMPLOY OF THE STATE DEPARTMENT OF PUBLIC HEALTH
TO BE APPOINTED BY THE STATE HEALTH OFFICER; TWO (2) MEMBERS
IN THE EMPLOY OF THE STATE DEPARTMENT OF CONSERVATION TO BE
APPOINTED BY ITS DIRECTOR; AND TWO (2) MEMBERS FROM THE ALABAMA
PESTICIDE INSTITUTE TO BE APPOINTED BY ITS BOARD OF DIRECTORS.
THE TERM OF SERVICE OF THE MEMBERS OF SAID COMMITTEE SHALL BE
AT THE PLEASURE OF THE APPOINTING AUTHORITY
"(2) MEETINGS. THE PESTICIDE ADVISORY COMMITTEE SHALL MEET AT THE
CALL OF ITS CHAIRMAN OR UPON A CALL OF A MAJORITY OF ITS MEMBERS.
THERE SHALL BE AT LEAST TWO REGULAR MEETINGS OF THE COMMITTEE DURING
EACH CALENDAR YEAR TO BE HELD NOT LESS THAN FIVE (5) MONTHS APART,
AND CALL MEETINGS MAY BE HELD AS THE DUTIES AND BUSINESS OF THE COM-
MITTEE MAY REQUIRE...
1975
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ALABAMA
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DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
"(3) OFFICIAL ACTION. OFFICIAL ACTION OF THE PESTICIDE ADVISORY
COMMITTEE REQUIRES A MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE
PRESENT AND VOTING. SEVEN (7) MEMBERS OF THE COMMITTEE SHALL CON-
STITUTE A QUORUM WHICH IS THE NUMBER NECESSARY TO TRANSACT OFFICIAL
BUSINESS OF THE COMMITTEE.
"(A) POWERS AND DUTIES. THE PESTICIDE ADVISORY COMMITTEE, WITH RE-
SPECT TO ITS FIELD OF WORK, SHALL HAVE THE POWERS AND DUTIES TO CON-
SIDER AND STUDY THE ENTIRE FIELD OF PESTICIDES; TO REVIEW AND MAKE
RECOMMENDATIONS TO THE COMMISSIONER ON ANY PESTICIDE REGISTRATION
SUBMITTED TO IT BY THE COMMISSIONER; TO ADVISE, COUNSEL AND CONSULT
WITH THE COMMISSIONER UPON HIS REQUEST IN CONNECTION WITH THE PROMUL-
GATION, ADMINISTRATION AND ENFORCEMENT OF ALL LAWS, RULES, AND REGU-
LATIONS RELATING TO PESTICIDES; TO CONSIDER ALL MATTERS SUBMITTED TO
IT BY THE COMMISSIONER, OTHER MEMBERS OF THE COMMITTEE OR ANY PERSON
AFFECTED BY THE PROVISIONS AND TO OFFER SUGGESTIONS AND MAKE RECOM-
MENDATIONS TO THE COMMISSIONER ON ITS OWN INITIATIVE IN REGARD TO
CHANGES IN THE LAWS, RULES AND REGULATIONS RELATING TO PESTICIDES,
AS MAY BE DEEMED ADVISABLE FOR THE EFFECTIVE ADMINISTRATION AND EN-
FORCEMENT OF SAID LAWS AND RULES AND REGULATIONS; TO SUGGEST OR REC-
OMMEND, ON ITS OWN INITIATIVE, POLICIES OR PRACTICES FOR THE ADMINI -
TRATION AND ENFORCEMENT OF THIS ACT, WHICH SUGGESTIONS AND RECOMMENDA-
TIONS THE COMMISSIONER SHALL DULY CONSIDER. TO REVIEW REGISTERED
PESTICIDES AS TO THEIR SAFETY AND/OR EFFICACY AND MAKE RECOMMENDA-
TIONS TO THE COMMISSIONER AS TO ITS FINDINGS AND TO MAKE RECOMMENDA-
TIONS AS TO WHICH PESTICIDES SHOULD BE PROHIBITED OR RESTRICTED IN
USE. THE COMMISSIONER SHALL DULY CONSIDER THESE RECOMMENDATIONS AS
TO THE REGISTRATION CANCELLATION AND AS TO RESTRICED USE PESTICIDES,
THE DECISION SO ARRIVED AT SHALL NOT BE FINAL UNTIL APPROVED BY THE
STATE BOARD OF AGRICULTURE AND INDUSTRIES."
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
ACTIVE INGREDIENT
ADULTERATED
AIRCRAFT
ANTIDOTE
BACTERICIDE
BOARD
COMMISSIONER
CONTAMINATION
CUSTOM APPLICATION OF
PESTICIDES
DEFOLIANT
DESICCANT
DEVICE
FUNGI
FUNGICIDE
GROUND EQUIPMENT
HERBICIDE
INERT INGREDIENT
INGREDIENT STATEMENT
19. INSECT
20. INSECTICIDE
21. LABEL
22. LABELING
23. LICENSED PESTICIDE DEALER
24. LOW VOLUME
25. MISBRANDED
26. NEMATOCIDE
27. NEMATODE
28. OFFICIAL SAMPLE
29. PERSON
30. PESTICIDE
31. PESTICIDE USE PERMIT
32. PLANT REGULATOR
33. REGISTRANT
34. RESTRICTED USE PESTICIDE
35. RODENTICIDE
36. ULTRA LOW VOLUME
37. WEED
GROUND APPLICATORS OR AERIAL APPLICATORS WITH NOT
MORE THAN TWO AIRCRAFT
AERIAL APPLICATORS WITH OVER TWO AIRCRAFT
(FOR EACH ADDITIONAL AIRCRAFT BUT NOT TO EXCEED
$12,000.)
$ 3,000.00
3,000.00
SURETY BOND OR A LIABILITY INSURANCE POLICY REQUIRED. MAY CONTAIN A
REASONABLE DEDUCTIBLE CLAUSE, IN AN AMOUNT ACCEPTABLE TO THE COMMIS-
SIONER. ELIGIBLE SUPLUS LINE INSURERS MAY BE USED.
1975
Ic
ALABAMA
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PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE.
VIOLATION OF THE ACT, OR RULES AND REGULATIONS CONSTITUTES A MISDE-
MEANOR SUBJECT TO A FINE OF NOT LESS THAN $25 NOR MORE THAN $500 AND,
AT THE DISCRETION OF THE COURT, IMPRISONMENT NOT TO EXCEED SIX MONTHS.
"ALABAMA PESTICIDE ACT OF 1971" (REGISTRATION LAW)
(CODE OF ALA., TIT. 2, S 337(9A) TO 337(9N), SUPP. 1973)
("AN ACT TO REGULATE THE SALE, OFFERING FOR SALE, DISTRIBUTION AND
TRANSPORTATION OF PESTICIDES ... TO PROVIDE THAT THE SALE, OFFERING
FOR SALE, DISTRIBUTION AND TRANSPORTATION OF CERTAIN HIGHLY TOXIC
PESTICIDES MAY BE RESTRICTED, LIMITED IN USE OR PROHIBITED; TO RE-
QUIRE THE ANNUAL REGISTRATION OF PESTICIDES ... BEFORE SUCH PRODUCTS
ARE SOLD, OFFERED FOR SALE OR DELIVERED OR TRANSPORTED WITHIN THIS
STATE; TO REQUIRE USE PERMITS FOR THE PURCHASE AND USE OF RESTRICTED
USE PESTICIDES; TO REQUIRE A SPECIAL LICENSE FOR THE SALE OR OFFER-
ING FOR SALE OF ANY RESTRICTED USE PESTICIDES; TO CREATE AND ESTAB-
LISH A PESTICIDE ADVISORY COMMITTEE TO PERFORM CERTAIN DUTIES ...
AND TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT
BY THE COMMISSIONER OF AGRICULTURE AND INDUSTRIES WITH EXEMPTION PRO-
VISIONS; AUTHORIZING THE ADOPTION OF RULES AND REGULATIONS ... TO
PROVIDE ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF THIS
ACT, AND TO REPEAL CONFLICTING LAWS.")
REQUIREMENTS FOR PERSONS PERFORMING PROFESSIONAL WORK OR SERVICES
PERTAINING TO ENTOMOLOGY, PATHOLOGY, HORTICULTURE, FLORICULTURE,
AND TREE SURGERY
(CODE OF ALA., TIT. 2, S 671 TO 677, SUPP. 1973)
PROVIDES FOR THE EXAMINATION AND LICENSING OF PERSONS IN CERTAIN
PROFESSIONS, INCLUDING STRUCTURAL PEST CONTROL OPERATORS PRACTICING
SUBTERRANEAN TERMITE ERADICATION OR CONTROL. SPECIFICALLY EXEMPTS
"... GRAFTING, SPRAYING, DUSTING COTTON, OR OTHER SIMILAR WORK ... "
DETECTION OF PESTICIDE RESIDUES
(CODE OF ALA., TIT. 2, S 337(10) TO 337(12), 1960)
PROVIDES FOR THE ESTABLISHMENT AND OPERATION OF A LABORATORY TO
DETECT AND ANALYZE PESTICIDE RESIDUES ON RAW AND PROCESSED AGRI-
CULTURAL PRODUCTS, AND FOR OTHER PURPOSES.
FOOD AND DRUG LAW
(CODE OF ALA., TIT. 2, S 303 ET SEQ., 1960)
1975
Id
ALABAMA
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(AL-01-OV01)
ALABAMA.
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
PROFESSIONAL WORK OR SERVICES PERTAINING TO ENTOMOLOGY, PATHOLOGY, »
HORTICULTURE, FLORICULTURE AND TREE SURGERY
(CODE OF ALA., TIT. 2, S 671 TO 677, SUPP. 1973)
UNLAWFUL TO ENGAGE IN PROFESSIONAL WORK OR SERVICES, OR TO SOLICIT
WORK, UNLESS "PERMITTED" BY THE COMMISSIONER OF AGRICULTURE AND
INDUSTRIES.
OWNERS, OR THEIR EMPLOYEES, OR OTHERS IN POSSESSION, PERFORMING
WORK ON THEIR PROPERTY.
1. ENTOMOLOGICAL WORK
2. HORTICULTURAL AND FLORICULTURAL WORK
3. PATHOLOGICAL WORK
4. STRUCTURAL PEST CONTROL WORK
(A) CERTIFIED OPERATOR (MAIN OFFICE OR BRANCH OFFICE)
(B) BRANCH SUPERVISOR (BRANCH OFFICE ONLY)
(C) SUB-OFFICE (LESS THAN THREE EMPLOYEES, NEED NOT BE CERTIFIED)
5. TREE SURGERY WORK
STRUCTURAL PEST CONTROL — ONE YEAR OF WORKING EXPERIENCE OR A COL-
LEGE DEGREE INCLUDING STUDIES IN ENTOMOLOGY, OR EQUIVALENT INSTRUC-
TION IN STRUCTURAL PEST CONTROL. FOR OTHER PROFESSIONAL SERVICES,
MUST HAVE KNOWLEDGE OF PRACTICAL AND SCIENTIFIC FACTS REGARDING
PROFESSION.
ON FORMS FURNISHED BY COMMISSIONER; ACCOMPANIED BY REQUIRED PERMIT
FEE.
REQUIRED TO PASS SUCH TESTS OR EXAMINATIONS AS THE EXAMINING BOARD
MAY REQUIRE.
EXAMINATION FEE (FOR ANY OR ALL EXAMINATIONS
GIVEN AT ONE TIME)
PERMIT FEE - GENERAL
PERMIT FEE - STRUCTURAL PEST CONTROL:
A. MAIN OFFICE
B. BRANCH OFFICE
C. SUB-OFFICE
PERMITS ISSUED AFTER APRIL 1
DELINQUENT PENALTIES ADDED
$ 10.00
25.00
50.00
25.00
10.00
+50%
+10%
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
ENTER AND INSPECT PROPERTY
PUBLISH INFORMATION
NO PROVISION FOR RECIPROCITY.
YES
YES
YES
NO
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
YES
YES
NO
NO
1975
le
ALABAMA
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REGULATE STORAGE, TRANSPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
'ADMINISTER OATHS NO
PROVISION FOR REPOSTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE NO
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
"THE BOARD SHALL BE REFERRED TO AS THE EXAMINING BOARD ... (AND)
CONSIST OF THE COMMISSIONER OF AGRICULTURE AND INDUSTRIES (CHAIRMAN),
THE ENTOMOLOGIST, THE HORTICULTURIST, AND THE PLANT PATHOLOGIST OF
THE ALABAMA EXPERIMENT STATION."
DEFINITIONS:
1. BRANCH OFFICE
2. BRANCH SUPERVISOR
3. CERTIFIED OPERATOR
4. ENTOMOLOGICAL WORK
5. HORTICULTURAL AND
FLORICULTURAL WORK
6. PATHOLOGICAL WORK
7. STRUCTURAL PEST
CONTROL WORK
8. SUB-OFFICE
9. TREE SURGERY WORK
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
SUBTERRANEAN TERMITE ERADICATION AND CONTROL:
PERFORMANCE BOND (HONESTY AND SKILLFUL WORKMANSHIP) $ 2,500.00
INSURANCE POLICY (PROTECTING STRUCTURES BEING TREATED) 5,000.00
NONE.
VIOLATION OF ACT OR REGULATIONS IS A MISDEMEANOR, SUBJECT TO A FINE
OF NOT LESS THAN $25 OR MORE THAN $500 AND, DISCRETIONARY WITH COURT,
ALSO IMPRISONMENT, NOT TO EXCEED SIX MONTHS. INJUNCTIVE RELIEF PRO-
VISIONS ESTABLISHED IN THE ACT.
1975
If
ALABAMA
-------
RELEVANT LAWS: CUSTOM APPLICATION OF PESTICIDES
(CODE OF ALA., TIT. 2, S 337(12A) TO 337(12N), SUPP. 1973)
"ALABAMA PESTICIDE ACT OF 1971" (REGISTRATION LAW)
(CODE OF ALA., TIT. 2, S 337(9A) TO 337(9N) SUPP. 1973)
DETECTION OF PESTICIDE RESIDUES
(CODE OF ALA., TIT. 2, S 337(10) TO 337(12) SUPP. 1973)
1975 8 ALABAMA
-------
(AK-02-04-01)
ALASKA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES NONE.
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
ENVIRONMENTAL CONSERVATION (PESTICIDE CONTROL)
(ALASKA STAT., S 46.03.320 TO 46.03.730, 1971)
(NOTE: THIS ACT IS A COMPREHENSIVE LAW RELATING TO ALL PHASES OF
ENVIRONMENTAL PROTECTION INCLUDING REGULATION OF PESTICIDES.
"NO PERSON MAY SPRAY OR APPLY, OR CAUSE TO BE SPRAYED OR APPLIED
DICHLORO-DIPHENYL-TRICHLORO-ETHANE (DDT), DIELDRIN OR OTHER PESTI-
CIDE OR BROADCAST CHEMICAL IN A MANNER WHICH MAY CAUSE DAMAGE TO OR
ENDANGER THE HEALTH, WELFARE OR PROPERTY OF ANOTHER PERSON, OR IN
SUCH A MANNER AS TO BE LIKELY TO POLLUTE THE AIR, SOIL OR WATER OF
THE STATE WITHOUT PRIOR AUTHORIZATION OF THE DEPARTMENT."
NONE.
"THE DEPARTMENT MAY PROVIDE BY REGULATION FOR THE LICENSING OF
PERSONS ENGAGED IN THE CUSTOM, COMMERCIAL OR CONTRACT SPRAYING
OR APPLICATION OF PESTICIDES AND BROADCAST CHEMICALS INCLUDING
THE REQUIREMENT OF A SURETY BOND AND LIABILITY INSURANCE FOR
THE LICENSEE."
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
YES
YES
YES
NO
YES
YES
YES
YES
YES
YES
1975
2a
ALASKA
-------
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS NO
PESTICIDE BOARD: NONE.
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
(ENVIRONMENTAL ADVISORY BOARD)
"(A) THERE IS CREATED WITHIN THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AN ENVIRONMENTAL ADVISORY BOARD, CONSISTING OF THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION WHO SHALL SERVE AS A
CHAIRMAN AND EIGHT MEMBERS APPOINTED BY THE GOVERNOR.
"(B) NO MEMBER OF THE BOARD OTHER THAN THE CHAIRMAN MAY BE AN
OFFICER OR EMPLOYEE OF A STATE DEPARTMENT OR AGENCY.
"(C) OF THE MEMBERS OF THE BOARD FIRST APPOINTED BY THE GOVERNOR,
THREE SHALL BE APPOINTED FOR A TERM OF ONE YEAR; THREE FOR A TERM
OF TWO YEARS; AND TWO FOR A TERM OF THREE YEARS. THE INITIAL
TERMS BEGIN ON JULY 1, 1971. THEREAFTER, ALL APPOINTMENTS SHALL
BE MADE FOR TERMS OF THREE YEARS BEGINNING ON JULY 1 OF THE YEAR
IN WHICH THE APPOINTMENT IS MADE. MEMBERS OF THE BOARD SHALL
SERVE AT THE PLEASURE OF THE GOVERNOR. IN THE CASE OF A VACANCY
OTHER THAN ONE ARISING BY EXPIRATION OF TERM AN APPOINTMENT TO
FILL THE VACANCY SHALL BE MADE FOR THE REMAINDER OF THE UNEXPIRED
TERM.
"EXPENSES AND PER DIEM OF BOARD MEMBERS. EACH MEMBER OF THE BOARD
IS ENTITLED TO ... EXPENSES.
"FUNCTIONS OF BOARD. (A) THE BOARD SHALL
"(1) ADVISE THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION IN
THE REVIEW AND APPRAISAL OF PROGRAMS AND ACTIVITIES OF STATE DE-
PARTMENTS AND AGENCIES IN LIGHT OF THE POLICY SET OUT IN
AS 46.03.010;
"(2) SERVE AS A FORUM FOR THE EXCHANGE OF VIEWS, CONCERNS,
IDEAS, INFORMATION AND RECOMMENDATIONS RELATING TO THE QUALITY OF
THE ENVIRONMENT; AND
"(3) RECOMMEND TO THE COMMISSIONER THE PERSONS WHO BY VIRTUE OF
OUTSTANDING ACHIEVEMENT IN THE FIELD OF ENVIRONMENTAL CONSERVATION
MERIT A CERTIFICATE OF ACHIEVEMENT FROM THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION.
"(B) THE BOARD SHALL EXERCISE AND PERFORM SUCH OTHER FUNCTIONS AS
MAY BE REQUESTED BY THE COMMISSIONER."
1975
2b
ALASKA
-------
DEFINITIONS: 1. COMMISSIONER
2. DEPARTMENT
3. BROADCAST CHEMICALS
A. PESTICIDES
(TWENTY-TWO TERMS ARE DEFINED, BUT THE ABOVE FOUR RELATE SPECI-
FICALLY TO PESTICIDES.)
FINANCIAL MAY BE PRESCRIBED BY REGULATIONS.
RESPONSIBILITY:
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF THE ACT IS A MISDEMEANOR SUBJECT TO A FINE OF NOT MORE
THAN $1,000 AND COST OF PROSECUTION, OR IMPRISONMENT FOR NOT MORE
THAN ONE YEAR, OR COMBINATION OF FINE, COSTS AND IMPRISONMENT.
RELEVANT LAWS: "ALASKA FOOD, DRUG, AND COSMETIC ACT"
(ALASKA STAT., TIT. 17.20.010 TO 17.20.380, 1962)
SECTION 17.20.30 CONCERNS "TOLERANCES FOR ADDED POISONOUS INGRE-
DIENTS" IN OR ON FOOD.
2c
1975 ALASKA
-------
(AZ-03-02-01)
ARIZONA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
"ARIZONA PESTICIDE USE AND APPLICATION ACT"
(A.R.S., TIT. 3-371 TO 3-390, SUPP. 1974-1975)
(TITLE OF ACT OMITTED BY CODIFIERS AS UNNECESSARY)
UNLAWFUL ...
1. TO ENGAGE IN THE CUSTOM APPLICATION OF PESTICIDES WITHOUT A
LICENSE FROM THE BOARD OF PESTICIDE CONTROL;
2. FOR GROWERS TO PURCHASE, DISPENSE, OR USE PESTICIDES WITHOUT A
PERMIT FROM THE BOARD; AND
3. FOR SELLERS TO SELL, DISPENSE, OR DELIVER PESTICIDES WITHOUT A
PERMIT.
STRUCTURAL PEST CONTROL OPERATORS; AIRPLANE PILOTS ON A TEMPORARY
BASIS DURING EMERGENCIES; PERSONS CHANGING ATMOSPHERIC CONDITIONS;
APPLICATION OF FERTILIZERS OR SEEDS; GOVERNMENTAL BODIES; WEED CON-
TROL ON RAILWAYS, HIGHWAYS, CANALS, OR UTILITY EASEMENTS; TREATMENT
OF FABRICS; AND SANITATION SERVICES.
(PEST CONTROL ADVISOR EXAMINATION CATEGORIES)
1. DEFOLIATION
2. INSECTS, MITES AND OTHER INVERTEBRATES
3. NEMATODES
4. PLANT GROWTH REGULATORS
5. PLANT PATHOGENS
6. VERTEBRATE PESTS
7. WEEDS
MUST SATISFY BOARD AS TO CHARACTER, QUALIFICATIONS, RESPONSIBILITY,
AND GOOD FAITH.
ON FORM PROVIDED BY BOARD (DETAILS ESTABLISHED BY REGULATION).
APPLICANT TO APPEAR BEFORE BOARD AND BE EXAMINED.
APPLICATION FOR GORWERS PERMIT (NOT TO EXCEED)
APPLICATION FOR SELLERS PERMIT (NOT TO EXCEED)
APPLICATION FOR CUSTOM APPLICATORS LICENSE
(NOT TO EXCEED)
APPLICATION FOR CUSTOM APPLICATORS LICENSE RENEWAL
PENALTY - FEES NOT PAID WHEN DUE
APPLICATION FOR AGRICULTURAL PEST CONTROL ADIVSORS
LICENSE (NOT TO EXCEED)
APPLICATION FOR AGRICULTURAL PEST CONTROL ADVISORS
RENEWAL
LATE RENEWAL AGRICULTURAL PEST CONTROL ADVISORS
GOVERNMENT EMPLOYEES MUST BE LICENSED, BUT NO FEE
APPLICATION FOR CERTIFICATION (NOT TO EXCEED)
APPLICATION FOR CERTIFICATION RENEWAL
$ 25.00
100.00
100.00
100.00
5.00
50.00
25.00
10.00
EXEMPT
50.00
50.00
ISSUANCE
CALENDAR YEAR LICENSE ISSUED BY THE BOARD, RENEWABLE ANNUALLY UPON
PAYMENT OF FEE, MAY BE REVOKED FOR CAUSE AFTER A HEARING.
1975
3a
ARIZONA
-------
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
YES
NO PROVISION FOR RECIPROCITY.
REQUIRE PURCHASE PERMITS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS YES
PESTICIDE BOARD:
COMPOSED OF THE CHAIRMAN OF THE COMMISSION OF AGRICULTURE AND HORTI-
CULTURE (AS CHAIRMAN OF THE BOARD) AND 12 MEMBERS APPOINTED BY THE
GOVERNOR, AND ADDITIONALLY AN ADVISORY COMMITTEE OF 13 MEMBERS FROM
PRIVATE INDUSTRY APPOINTED BY THE GOVERNOR TO ADVISE AND ASSIST THE
BOARD OF PESTICIDE COIITROL.
3b
1975
ARIZONA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. ACT 17.
2. ADMINISTRATOR 18.
3. AGRICULTURAL PEST 19.
CONTROL ADVISOR 20.
4. AIRCRAFT 21.
5. APPLICATOR 22.
6. BOARD 23.
7. COMMERCIAL APPLICATOR 24.
8. CUSTOM APPLICATOR 25.
9. DEFOLIATING 26.
10. GROUND EQUIPMENT 27.
11. GROWER 28.
12. INSECT 29.
13. LICENSE 30.
14. LIVESTOCK
15. OPERATOR 31.
16. PERMIT
PERSON
PEST CONTROL
PESTICIDE
PRIVATE APPLICATOR
RANGE
RANGE LIVESTOCK
REGULATE USE
RESTRICTED AREA
RESTRICTED USE PESTICIDE
RODENT
SELLER OF PESTICIDES
STRUCTURAL COMMERCIAL APPLICATOR
UNDER THE DIRECT SUPERVISION OF
UNREASONABLE ADVERSE EFFECTS
ON THE EVNIRONMENT
WEED
NOT LESS THAN $25,000 FOR PROPERTY DAMAGE, PUBLIC LIABILITY, AND
DRIFT INSURANCE, EACH SEPARATELY.
COMMERCIAL APPLICATORS:
SUBJECT TO A CIVIL ASSESSMENT FOR EACH VIOLATION
OF NOT TO EXCEED
PRIVATE APPLICATORS:
$ 1,000.00
NONE
VIOLATION OF ACT OR REGULATION CONSTITUTES A MISDEMEANOR AND SUBJECTS
COMMERCIAL APPLICATORS TO A FINE, NOT TO EXCEED $300, OR SIX MONTHS
IN JAIL OR BOTH. PRIVATE APPLICATORS ARE SUBJECT TO A FINE NOT TO
EXCEED $300, OR 30 DAYS IN JAIL, OR BOTH FINE AND IMPRISONMENT.
"ARIZONA PESTICIDES ACT" (REGISTRATION LAW)
(A.R.S., TIT. 3-341 TO 3-357, SUPP. 1974-1975)
(TITLE OF LAW OMITTED BY CODIFIERS AS UNNECESSARY)
STRUCTURAL PEST CONTROL
(A.R.S., TIT. 32-2301 TO 32-2325, SUPP. 1974-1975)
ADMINISTERED BY A STRUCTURAL PEST CONTROL BOARD.
1975
3c
ARIZONA
-------
(AZ-03-03-01)
ARIZONA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
STRUCTURAL PEST CONTROL LAW*
(A.R.S., TIT. 32-2301 TO 32-2325, SUPP. 1974-1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL UNLESS
LICENSED BY THE STRUCTURAL PEST CONTROL BOARD; OR TO USE A RESTRICTED
USE PESTICIDE UNLESS DETERMINED TO BE COMPETENT.
PERSONS ENGAGED IN AGRICULTURAL PEST CONTROL LICENSED UNDER A.R.S.
3-371, ET SEQ.; PERSONS CONTROLLING PESTS ON THEIR OWN PROPERTY
(OWNED, RENTED OR LEASED), GOVERNMENTAL AGENCIES AND THEIR EMPLOYEES
WITHIN THE SCOPE OF THEIR EMPLOYMENT AND EDUCATIONAL INSTITUTIONS OR
STATE AGENCIES ENGAGED IN RESEARCH OR STUDIES OF PEST CONTROL. NO
EXEMPTIONS FOR PERSONS USING RESTRICTED PESTICIDES.
(LAW)
1. GENERAL PEST CONTROL
2. WOOD DESTROYING PESTS
3. WEED CONTROL
4. FUMIGATION
5. OTHERS MAY BE ESTABLISHED
BY BOARD
(REGULATION)
CLASS A - ALL CLASSES, NO LIMITA-
TIONS
CLASS B - GENERAL PESTS
CLASS C - WOOD DESTROYING PESTS
CLASS D - FUMIGANTS
CLASS F. - WEED CONTROL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
SATISFACTORY CHARACTER, RESPONSIBILITY, AND GOOD FAITH.
ON FORM PRESCRIBED AND FURNISHED BY THE BOARD.
ORAL OR WRITTEN, OR BOTH ORAL AND WRITTEN. SCORE OF 70% REQUIRED
FOR PASSING EXAMINATION.
TO BE ESTABLISHED BY THE BOARD, BUT NOT TO EXCEED $ 100.00
(REGULATIONS)
EXAMINATION FOR LICENSE 50.00
LICENSE 100.00
ANNUAL RENEWAL 100.00
ANNUAL RENEWAL (INACTIVE) 25.00
DELINQUENT FEES 100% OF ABOVE.
CALENDAR YEAR.
RENEWAL FEES DUE DECEMBER 1; DELINQUENT AFTER DECEMBER 31.
LICENSES NOT RENEWED BY FEBRUARY 1, CONSIDERED LAPSED.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
*THIS ACT WAS AMENDED IN 1974 BY ADDING ARTICLE FOUR, WEIGH PROVIDED ADDITIONAL REGULATION OF
APPLICATORS USING RESTRICTED PESTICIDES, IN CONFORMITY WITH FIFRA, AS AMENDED.
3d
1975 ARIZONA
-------
REGULATE STORAGE, TRANSPORTA-
TION, OR DISPOSAL OF
PESTICIDES
YES
REQUIRE COMPLIANCE
WITK LABEL
YES
INSPECT OR LICENSE
EQUIPMENT
ADMINISTER OATHS
NO
YES
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
YES
YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE NO
PESTICIDES
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
YES
NO
YES
CATEGORIZE COMMERCIAL
APPLICATORS
YES
CERTIFY COMMERCIAL
APPLICATORS
YES
CERTIFY PRIVATE
APPLICATORS
NO
RETAIN RECORDS
TWO YEARS
YES
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
SUBMIT AND MAINTAIN
STATE PLANS
NO
RECOGNIZE AND
ACCEPT GAP
NO
RECIPROCITY
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
NO
NO
NO
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
"STRUCTURAL PEST CONTROL BOARD ... CREATED ... 5 MEMBERS APPOINTED
BY THE GOVERNOR, WITH THE CONSENT OF THE SENATE ... TWO WHO SHALL
REPRESENT PUBLIC INTEREST ... VERSED IN ... PUBLIC HEALTH PESTICIDES,
ENTOMOLOGY, OR STRUCTURAL PEST CONTROL PRACTICES ... THREE MEMBERS
(WITH) NOT LESS THAN FIVE (PRECEDING) YEARS ... PRACTICE OF STRUC-
TURAL PEST CONTROL (IN) ... ARIZONA. EACH MEMBER SHALL SERVE FOR A
TERM OF FIVE YEARS ... (FOR NOT MORE THAN TOO CONSECUTIVE TERMS) ...
VACANCIES ... SHALL BE FILLED ... BY THE GOVERNOR."
"THE BOARD SHALL ELECT ... A CHAIRMAN, VICE-CHAIRMAN AND SECRETARY
... MEET NOT LESS THAN TWICE A YEAR (OR) ... CALLED ... BY THE CHAIR-
MAN, OR ANY THREE MEMBERS OF THE BOARD ..."
(LAW)
(REGULATION)
1. ACT 1.
2. ADMINISTRATOR 2.
3. BOARD 3.
4. HOUSEHOLD PESTS 4.
5. RESTRICTED USE PESTICIDE 5.
6. STRUCTURAL COMMERCIAL 6.
APPLICATOR 7.
7. UNDER THE DIRECT 8.
SUPERVISION OF 9.
8. UNREASONABLE ADVERSE EFFECTS 10.
ON THE ENVIRONMENT 11.
12.
BOARD
BUSINESS ENTITY
CONTRACT
CONTROL
DEVICE
FOG OR FOGGING
FUMIGANT
FUMIGATION
GENERAL PESTS
LAW
LICENSE
LICENSEE
1975
3e
ARIZONA
-------
13. PESTICIDE
14. WEED
15. WOOD DESTROYING PESTS
FINANCIAL A DEPOSIT OF MONEY, CERTIFIED CHECK, LIABILITY INSURANCE, OR SURETY
RESPONSIBILITY: BOND, NOT LESS THAN $25,000 FOR PROPERTY DAMAGE, AND LIKE AMOUNT FOR
PUBLIC LIABILITY.
PENALTIES:
CIVIL THE BOARD MAY ASSESS A CIVIL PENALTY OF NOT TO EXCEED $1,000 FOR
EACH VIOLATION.
CRIMINAL VIOLATION OF ACT CONSTITUTES A MISDEMEANOR SUBJECT TO A FINE OF NOT
MORE THAN $300 OR IMPRISONMENT IN COUNTY JAIL NOT TO EXCEED SIXTY
DAYS, OR BOTH FINE AND IMPRISONMENT. VIOLATION OF REGULATIONS SUB-
JECT TO WITHDRAWAL OF LICENSE. BOARD MAY SEEK INJUNCTIVE RELIEF
RESTRAINING CERTAIN PRACTICES. STRUCTURAL COMMERCIAL APPLICATORS
(THOSE USING RESTRICTED PESTICIDES) SUBJECT TO $300 FINE OR SIX
MONTHS IN JAIL, OR BOTH.
RELEVANT LAWS: "ARIZONA PESTICIDE USE AND APPLICATION ACT"
(A.R.S., TIT. 3-371 TO 3-390, SUPP. 1974-1975)
"ARIZONA PESTICIDES ACT" (REGISTRATION LAW)
(A.R.S., TIT. 3-341 TO 3-357, SUPP. 1974-1975)
3f
1975 ARIZONA
-------
(AR-04-02-01)
ARKANSAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
"ARKANSAS PESTICIDE USE AND APPLICATION ACT"
(SESSION LAWS, 1975, PAGE 389; ACT 389, 1975; SENATE BILL 407)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING ANY KIND OF PESTICIDES
OR MAKING AERIAL APPLICATION OF SEED OR FERTILIZER UNLESS LICENSED
BY THE STATE PLANT BOARD. UNLAWFUL TO USE RESTRICTED USE PESTICIDES
UNLESS LICENSED AS A NON-COMMERCIAL APPLICATOR OR A PRIVATE APPLI-
CATOR. DEALERS LICENSE REQUIRED TO SELL RESTRICTED USE PESTICIDES.
LABORATORY RESEARCH; MD'S AND DVM'S IN THEIR PRACTICE.
1. AGRICULTURAL
2. AQUATIC
3. FOREST
4. PILOT
5. REGULATORY
6. RIGHT-OF-WAY
7. OTHER CATEGORIES AUTHORIZED
"THE BOARD ... SHALL PRESCRIBE STANDARDS FOR THE LICENSING OF
APPLICATORS OF PESTICIDES ... IN CONFORMANCE WITH AND AT LEAST EQUAL
TO THOSE PRESCRIBED BY EPA ..."
ON FORMS PROVIDED BY THE BOARD.
SCOPE OF EXAMINATION PRESCRIBED BY REGULATION. MUST DEMONSTRATE
KNOWLEDGE.
TO BE ESTABLISHED
BY REGULATION
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
1975
COMMERCIAL APPLICATOR
NON-COMMERCIAL APPLICATOR
PRIVATE APPLICATOR
DEALER
PILOT
UPON BEING FOUND QUALIFIED. EXPIRE DECEMBER 31. MAY BE REVOKED FOR
CAUSE.
RE-EXAMINATION MAY BE REQUIRED FOR NEW KNOWLEDGE, TO INSURE CONTINU-
ING COMPETENCE AND ABILITY.
PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
YES
YES
4a
ARKANSAS
-------
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
YES
YES
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
YES
YES
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD: NONE.
DEFINITIONS:
YES
YES
YES
NO
YES
RECOGNIZE AND
ACCEPT GAP
NO
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
17. NON-COMMERCIAL APPLICATOR
18. PERSON
19. PEST
20. PESTICIDE
21. PESTICIDE DEALER
22. PLANT REGULATOR
23. PRIVATE APPLICATOR
24. RESTRICTED USE PESTICIDE
25. STATE RESTRICTED USE PESTICIDE
26. SUPERVISE
27. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
28. WEED
29. WILDLIFE
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
1. ANIMAL
2. BENEFICIAL INSECTS
3. CERTIFIED APPLICATOR
4. COMMERCIAL APPLICATOR
5. DEFOLIANT
6. DESICCANT
7. DISTRIBUTE
8. ENVIRONMENT
9. EPA
10. EQUIPMENT
11. FIFRA
12. FUNGUS
13. INSECT
14. LAND
15. LICENSE OR PERMIT
16. NEMATODE
TO BE ESTABLISHED BY REGULATION.
NONE.
COMMERCIAL, NON-COMMERCIAL, DEALER, AND PILOT LICENSES:
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT
TO A FINE OF NOT LESS THAN $500 NOR MORE THAN $2,000.
PRIVATE APPLICATORS:
VIOLATION OF ACT OR REGULATIONS AFTER RECEIVING A WRITTEN WARNING
CONSTITUTES A MISDEMEANOR SUBJECT TO A FINE OF NOT LESS THAN $100
NOR MORE THAN $500. VIOLATION OF ACT COMMITTED MORE THAN THREE
YEARS AFTER A WRITTEN WARNING OR CONVICTION CONSTITITES A FIRST
OFFENSE.
1975
4b
ARKANSAS
-------
RELEVANT LAWS: "ARKANSAS PESTICIDE CONTROL ACT" (REGISTRATION LAW)
(SESSION LAWS, 1975, PAGE 417; ACT 410, 1975, SENATE BILL 423)
AUTHORIZES THE ISSUANCE OF EXPERIMENTAL USE PERMITS, AND THE
REGISTRATION OF SPECIAL LOCAL NEED PESTICIDES.
"ARKANSAS PEST CONTROL LAW" (STRUCTURAL)
(SESSION LAWS, 1975, PAGE 571; ACT 488, 1975, SENATE BILL 413)
4c
1975 ARKANSAS
-------
(AR-04-03-01)
ARKANSAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"ARKANSAS PEST CONTROL LAW"
(SESSION LAWS 1975, PAGE 571; ACT 488; SENATE BILL 413)
UNLAWFUL TO ENGAGE IN PEST CONTROL SERVICE WORK, FOR COMPENSATION,
UNLESS LICENSED BY THE ARKANSAS STATE PLANT BOARD. UNLAWFUL FOR ANY
PERSON TO USE A RESTRICTED USE PESTICIDE UNLESS LICENSED, OR UNDER
DIRECT SUPERVISION.
A PERSON, OR HIS EMPLOYEE, DOING PEST CONTROL ON HIS OWN PROPERTY
AND NOT REPRESENTING THEMSELVES AS ENGAGED IN THE PEST CONTROL
BUSINESS DO NOT REQUIRE AN "OCCUPATIONAL" LICENSE BUT THEY MUST BE
LICENSED TO USE A RESTRICTED USE PESTICIDE.
1. AGRICULTURAL
2. INDUSTRIAL
3. INSTITUTIONAL
4. NON-COMMERCIAL APPLICATORS
5. STRUCTURAL AND HEALTH RELATED
6. ORNAMENTAL AND TURF
MORALLY AND FINANCIALLY RESPONSIBLE. FOR CLASS 2 (HOUSEHOLD PESTS
AND RODENT CONTROL) AND CLASS 6 (TERMITE AND OTHER STRUCTURAL PEST
CONTROL) APPLICANTS MUST HAVE ONE YEAR EXPERIENCE, OR TWO YEARS OF
COLLEGE, INCLUDING COMPLETION OF A BASIC COURSE IN ENTOMOLOGY. THE
PLANT BOARD SHALL PRESCRIBE STANDARDS FOR THE CERTIFICATION OF AP-
PLICATORS .
ON FORMS PROVIDED BY THE BOARD.
WRITTEN. TO BE GIVEN AT LEAST ONCE EACH QUARTER. APPLICANTS FAILING
TO PASS MUST WAIT AT LEAST SIX MONTHS BEFORE TAKING RE-EXAMINATION.
FIRST EXAMINATION IN ANY CLASSIFICATION
EXAMINATIONS AFTER THE FIRST, EACH CLASSIFICATION
ISSUANCE OF A LICENSE
REGISTRATION OF SOLICITORS, EACH
REGISTRATION OF AGENTS, EACH
LICENSES EXPIRE JUNE 30.
$ 30.00
20.00
10.00
5.00
5.00
FAILURE TO RENEW FOR A PERIOD OF TWO YEARS REQUIRES A NEW APPLICA-
TION, EXAMINATION, AND FEES (COMPLETE NEW LICENSING PROCESS).
NO PROVISION FOR RECIPROCITY. MUST DESIGNATE A RESIDENT AGENT TO
ACCEPT SERVICE OF LEGAL PROCESS.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
4d
1975
ARKANSAS
-------
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
THIS ACT IS ADMINISTERED BY THE ARKANSAS STATE PLANT BOARD.
FINANCIAL
RESPONSIBILITY:
1. AGENT
2. APPLICANT
3. BOARD
4. COMMERCIAL APPLICATOR
5. DIRECTOR (ARKANSAS STATE
PLANT BOARD)
6. DIVISION HEAD
7. FIFRA
8. FUNGI OR ROT
9. HOUSEHOLD PESTS AND
RODENT CONTROL
10. INSPECTOR
11. LETTER OF CLEARANCE
12. LICENSE HOLDER
13. LICENSED OPERATOR
REQUIRED OF CLASS 2 AND CLASS 6 LICENSEES:
PERFORMANCE BOND IN THE AMOUNT OF
LIABILITY INSURANCE:
PERSONAL INJURY (ONE PERSON)
ANY ONE ACCIDENT
PROPERTY DAMAGE
14. NON COMMERCIAL APPLICATOR
15. PERSON
16. PEST CONTROL SERVICE
17. QUALIFIED OPERATOR
18. SOIL PRE-TREATMENT
19. SOLICITOR
20. SUPERVISE (UNDER THE DIRECT
SUPERVISION)
21. TERMITE AND OTHER STRUCTURAL
PESTS
22. TERMITE INFESTATION
23. WEED CONTROL
$ 1,500.00
25,000.00
50,000.00
5,000.00
1975
4e
ARKANSAS
-------
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR, SUBJECT
TO A FINE OF NOT LESS THAN $50 FOR THE FIRST OFFENSE, NOT LESS THAN
$100 FOR THE SECOND OFFENSE, AND NOT LESS THAN $200 PLUS TEN DAYS IN
JAIL FOR EACH OFFENSE THEREAFTER, WITH NO SUSPENSION OF FINES OR
IMPRISONMENT.
RELEVANT LAWS: ARKANSAS PESTICIDE CONTROL ACT (REGISTRATION LAW)
(SESSION LAWS 1975, PAGE 417; ACT 410, 1975; SENATE BILL 423)
ARKANSAS PESTICIDE USE AND APPLICATION ACT
(SESSION LAWS, 1975, PAGE 389; ACT 389, 1975, SENATE BILL 407)
"ARKANSAS FOOD, DRUG, AND COSMETIC ACT"
(ARK. STAT. ANN., S 82-1101 TO 82-1123, 1960)
4f
1975 ARKANSAS
-------
(CA-05-02-01)
CALIFORNIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CALIFORNIA AGRICULTURAL CODE
(CAL. FOOD AND AGRIC. CODE, S 11401 TO 12121, SUPP. 1975)
PEST CONTROL OPERATIONS INCLUDING:
A. AGRICULTURAL PEST CONTROL LICENSE (APPLICATOR)
B. AIRCRAFT OPERATION REGULATION
C. AGRICULTURAL PEST CONTROL ADVISOR
D. PESTICIDE DEALERS
UNLAWFUL:
1. TO ENGAGE FOR HIRE IN THE BUSINESS OF PEST CONTROL WITHOUT AN
AGRICULTURAL PEST CONTROL LICENSE,
2. TO ACT OR OFFER TO ACT AS AN AGRICULTURAL PEST CONTROL ADVISOR
WITHOUT FIRST HAVING SECURED ... (A LICENSE) FROM THE DIRECTOR,
3. TO ACT OR OFFER TO ACT AS AN AGRICULTURAL PEST CONTROL ADVISOR
WITHOUT FIRST REGISTERING WITH THE COUNTY AGRICULTURAL COMMIS-
SIONER OF THAT COUNTY,
4. FOR ANY PEST CONTROL ADVISOR TO MAKE RECOMMENDATIONS IN A CATE-
GORY FOR WHICH HE IS NOT CERTIFIED,
5. TO ACT OR OFFER TO ACT AS A PESTICIDE DEALER UNLESS LICENSED BY
THE DIRECTOR.
1. STRUCTURAL PEST CONTROL OPERATIONS
2. TREATMENT OF FABRICS OR STRUCTURAL MATERIALS
3. HOUSEHOLD AND INDUSTRIAL SANITATION SERVICES
4. SEED TREATMENT (UNLESS PRINCIPAL BUSINESS)
5. TREE SURGERY (REGULATED UNDER OTHER STATUTES), AND
6. FEDERAL, STATE, COUNTY AND UNIVERSITY OF CALIFORNIA PERSONNEL
ENGAGED IN OFFICIAL DUTIES RELATING TO AGRICULTURE
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
AGRICULTURAL PEST CONTROL ADVISER
A. CONTROL OF INSECTS, MITES AND OTHER INVERTEBRATES
B. CONTROL OF PLANT PATHOGENS
C. CONTROL OF NEMATODES
D. CONTROL OF VERTEBRATE PESTS
E. CONTROL OF WEEDS
F. DEFOLIATION
G. PLANT GROWTH REGULATION
APPLICANT MUST FURNISH INFORMATION TO SATISFY DIRECTOR OF HIS QUALI-
FICATIONS, AND BE RESPONSIBLE.
ON FORM PRESCRIBED BY DIRECTOR
WRITTEN EXAMINATION REQUIRED
AGRICULTURAL PEST CONTROL (APPLICATOR)
DEALER
EACH BRANCH SALES LOCATION
PILOT
RENEWAL (PILOT)
AGRICULTURAL PEST CONTROL ADVISOR
50.00
50.00
20.00
25.00
15.00
25.00
1975
5a
CALIFORNIA
-------
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
LICENSE ISSUED BY DIRECTOR OF AGRICULTURE, EXPIRES DECEMBER 31.
RENEWABLE ANNUALLY (PRIOR TO JANUARY I WITHOUT PENALTY) BY APPLICA-
TION; MAY BE CANCELLED FOR CAUSE AFTER A HEARING.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
REQUIRE PURCHASE PERMITS YES POST TREATED AREAS
PESTICIDE BOARD: (AGRICULTURAL PEST CONTROL ADVISORY COMMITTEE)
YES
YES
YES
NO
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
NO
YES
NO
NO
YES
"THERE IS IN THE DEPARTMENT AN AGRICULTURAL PEST CONTROL ADVISORY
COMMITTEE CONSISTING OF 11 MEMBERS. THE COMMITTEE SHALL BE AP-
POINTED BY THE DIRECTOR AND SHALL BE COMPOSED OF TWO PEST CONTROL
RESEARCH SPECIALISTS AND ONE AGRICULTURAL EXTENSION SERVICE SPECIAL-
IST NOMINATED BY THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND
EIGHT ADDITIONAL MEMBERS, ONE EACH REPRESENTING THE FOLLOWING: THE
CALIFORNIA STATE COLLEGES, AGRICULTURAL PEST CONTROL ADVISORS, LI-
CENSED PEST CONTROL OPERATORS, THE STATE DEPARTMENT OF PUBLIC HEALTH,
THE DEPARTMENT OF FISH AND GAME, PRODUCERS AS DEFINED IN SECTION
56110, THE AGRICULTURAL CHEMICAL INDUSTRY, AND THE DEPARTMENT.
1975
5b
CALIFORNIA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"THE TERM OF OFFICE OF THE MEMBERS OF THE COMMITTEE IS THREE YEARS.
APPOINTMENT OF THE FIRST MEMBERS SHALL BE MADE SO THAT THE TERMS
OF OFFICE OF THREE MEMBERS SHALL EXPIRE AT THE END OF ONE YEAR, FOUR
AT THE END OF TWO YEARS, AND FOUR AT THE END OF THREE YEARS. THERE-
AFTER, APPOINTMENT SHALL BE FOR FULL THREE-YEAR TERMS. VACANCIES
SHALL BE FILLED FOR AN UNEXPIRED TERM.
"THE COMMITTEE SHALL BE ADVISORY TO THE DIRECTOR ON ALL MATTERS CON-
CERNING THE EDUCATION, EXAMINATION, AND QUALIFICATIONS OF AGRICUL-
TURAL PEST CONTROL ADVISORS, AND SHALL MEET ON THE CALL OF THE
DIRECTOR."
1. AGRICULTURAL PEST CONTROL
2. ADVISOR
2. AGRICULTURAL USE
3. COMMISSIONER
4. ENVIRONMENT
5. JUDGEMENT
6. LICENSE
7. OPERATOR
8. PEST CONTROL
9. PEST CONTROL OPERATION
10. PESTICIDE
11. PESTICIDE DEALER
12. REGISTRANT
13. RECOMMENDATION
(OTHER DEFINITIONS INCLUDED BY REFERENCE TO OTHER SECTIONS OF THE
AGRICULTURAL CODE.)
PRESCRIBED BY REGULATION OF THE DIRECTOR. AIRCRAFT OPERATIONS ONLY
— $25,000 BOND OR INSURANCE REQUIRED AFTER JUDGMENT RENDERED IN
COURT AGAINST PILOT APPLICATOR.
APPLICATOR FACING SUSPENSION OF LICENSE MAY PAY SUM OF MONEY IN LIEU
THEREOF.
VIOLATION OF THE AGRICULTURAL CODE IS A MISDEMEANOR, SUBJECT TO A
FINE OF $500 OR 6 MONTHS IN JAIL, OR BOTH FINE AND IMPRISONMENT.
RESTRICTED MATERIALS LAW (2,4-D, 1080, THALLIUM, ETC.)
(CAL. AGRIC. CODE, S 14001 TO 14104, SUPP. 1975)
PERMITS THE DIRECTOR TO DECLARE AND REGULATE THE USE OF "RESTRICTED"
PESTICIDES. ESTABLISHES A "PERMIT" SYSTEM FOR PERSONS WHO USE OR
PURCHASE RESTRICTED PESTICIDES (FARMERS).
PRODUCE CARRYING SPRAY RESIDUE (TOLERANCES)
(WEST'S ANN. AGRIC. CODE, S 12501 TO 12671, 1967)
ECONOMIC POISONS (REGISTRATION LAW)
(CAL. AGRIC. CODE, S 12751 TO 12994, SUPP. 1975)
"CALIFORNIA HAZARDOUS SUBSTANCES ACT"
(WEST'S ANN. HEALTH & SAFETY CODE, S 27740 TO 28792, 1967)
PESTICIDE POISONING
(WEST'S ANN. HEALTH & SAFETY CODE, S 2950, 1970)
REQUIRES PHYSICIANS TO REPORT PESTICIDE POISONING CASES TO HEALTH
AND AGRICULTURAL DEPARTMENTS. DIRECTOR OF PUBLIC HEALTH MAY BE
REQUIRED TO ASSIST IN CONDUCTING EPIDEMIOLOGIC INVESTIGATIONS REGARD-
ING OUTBREAK IN PESTICIDE POISONING INCIDENTS.
STRUCTURAL PEST CONTROL ACT
(CAL. BUS. & PROF. CODE, S 8500 TO 8697.6, WEST SUPP. 1975)
DIVISION OF INDUSTRIAL SAFETY
WEST'S ANN. LABOR CODE, S 6500 ET SEQ., 1955)
MAY ISSUE SAFETY ORDERS WHICH AFFECT THE USE OF PESTICIDES WITH
RESPECT TO WORKING CONDITIONS.
1975
5c
CALIFORNIA
-------
(CA-05-03-01)
CALIFORNIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
STRUCTURAL PEST CONTROL ACT
(CAL. BUS. & PROF. CODE, S 8500 TO 8697.6, WEST SUPP. 1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL, UNLESS
LICENSED BY THE STRUCTURAL PEST CONTROL BOARD OF THE DEPARTMENT OF
CONSUMER AFFAIRS.
PUBLIC UTILITIES UNDER THE STATE RAILROAD COMMISSION (WITH EXCEP-
TIONS) , PERSONS ENGAGING IN AGRICULTURAL PEST CONTROL WORK LICENSED
BY THE STATE AGRICULTURAL AUTHORITIES, PERSONS WORKING ON THEIR OWN
PROPERTY (EXCEPT WHEN SUCH PROPERTY IS OPEN TO PUBLIC USE), GOVERN-
MENTAL AGENCIES, EDUCATIONAL INSTITUTIONS OR STATE AGENCIES ENGAGED
IN RESEARCH OR STUDIES OF PEST CONTROL, AND ARCHITECTS AND ENGINEERS
WORKING IN THEIR PROFESSIONAL CAPACITY.
BRANCH 1 - FUMIGATION
BRANCH 2 - GENERAL PEST
BRANCH 3 - TERMITE
(FORMER GROUPS A THROUGH I, NOW CONSOLIDATED INTO ABOVE THREE
BRANCHES)
EIGHTEEN YEARS OF AGE, OR OVER. OPERATORS LICENSE REQUIRE FROM TWO
TO FOUR YEARS EXPERIENCE UNDER A LICENSED OPERATOR. FIELD REPRESEN-
TATIVE LICENSE (BRANCH 1 - FUMIGATION) REQUIRES SIX MONTHS TRAINING
AND EXPERIENCE UNDER LICENSED FUMIGATOR.
ON FORMS PROVIDED BY BOARD, UNDER OATH, SUBJECT TO PENALTY OF PER-
JURY, ACCOMPANIED BY EXAMINATION FEE.
WRITTEN EXAMINATION REQUIRED.
ESTABLISHED BY:
LAW REGULATION
MIN MAX (ACTUAL)
ISSUANCE
OPERATORS EXAM
OPERATORS LICENSE
OPERATORS LICENSE RENEWAL
OFFICE REGISTRATION
OFFICE REGISTRATION RENEWAL
BRANCH OFFICE REGISTRATION
BRANCH OFFICE REGISTRATION RENEWAL
FIELD REPRESENTATIVE EXAM
FIELD REPRESENTATIVE LICENSE
FIELD REPRESENTATIVE LICENSE RENEWAL
SOLICITOR TRAINEE'S PERMIT
INSPECTION REPORT FILING
CERTIFIED COPY OF INSPECTION REPORT
NOTICE OF WORK COMPLETED
FEE FOR CHANGE OF NAME OR ISSUANCE OF A DUPLICATE LICENSE IS FIXED
AT $2.00.
UPON SATISFACTORY COMPLETION OF EXAMINATION (70% PASSING GRADE) AND
PAYMENT OF FEES. LICENSES AND OFFICE REGISTRATIONS EXPIRE JUNE 30.
$ 10.00
25.00
25.00
25.00
25.00
10.00
10.00
5.00
5.00
5.00
10.00
.50
.50
.50
25.00
50.00
50.00
50.00
50.00
25.00
25.00
15.00
15.00
15.00
25.00
3.00
3.00
2.00
25.00
50.00
50.00
40.00
AO.OO
20.00
20.00
10.00
10.00
10.00
.50
1.00
1975
5d
CALIFORNIA
-------
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
NO
RENEWABLE UPON PAYMENT OF FEE. DELINQUENCY OF OVER THREE MONTHS IN
PAYMENT OF FEE, SUBJECTS APPLICANT TO RE-EXAMINATION. DELINQUENCY
BEYOND JUNE 30, BUT LESS THAN THREE MONTHS, SUBJECT TO PENALTY OF
100% OF RENEWAL FEE.
NO PROVISION FOR RECIPROCITY.
REQUIRE PURCHASE PERMITS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
PESTICIDE BOARD:
STRUCTURAL PEST CONTROL BOARD. "... THERE IS IN THE DEPARTMENT OF
CONSUMER AFFAIRS A STRUCTURAL PEST CONTROL BOARD ... COMPOSED OF SIX
MEMBERS (APPOINTED BY THE GOVERNOR) ... FOUR OF WHOM SHALL BE (LI-
CENSED OPERATORS WITH 5 YEARS OF EXPERIENCE) ... AND TWO PUBLIC MEM-
BERS ... (UNLICENSED) ... APPOINTED ... FOR A TERM OF FOUR YEARS ..,
MEET ANNUALLY DURING ... OCTOBER (PLUS SPECIAL MEETING, IF CALLED)
... ELECT A PRESIDENT ... AND APPOINT A REGISTRAR (EXECUTIVE OFFICER
AND SECRETARY)."
1975
5e
CALIFORNIA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. BOARD 9.
2. BRANCH OFFICE 10.
3. CODE 11.
4. DIRECT AND PERSONAL 12.
SUPERVISION 13.
5. DIRECTOR (DEPARTMENT OF 14.
CONSUMER AFFAIRS) 15.
6. EMPLOYER
7. FUMIGATION AND FUMIGANT 16.
8. HOUSEHOLD
HOUSEHOLD PESTS
MANUFACTURER
PERSON
PRINCIPAL OFFICE
REGISTRAR
STRUCTURAL PEST CONTROL
STRUCTURAL PEST CONTROL
FIELD REPRESENTATIVE
STRUCTURAL PEST CONTROL
OPERATOR
LIABILITY INSURANCE OF $25,000 FOR (ONE) PERSONAL INJURY, $25,000
FOR ANY ONE ACCIDENT, $25,000 FOR PROPERTY DAMAGE; OR IN LIEU OF
INSURANCE, A SURETY BOND OF $25,000. CASH OR ITS EQUIVALENT MAY BE
DEPOSITED WITH THE BOARD IN LIEU OF INSURANCE OR BOND. ADDITIONALLY
AN INDEMNITY BOND OF $2,000 REQUIRED (TO PROTECT AGAINST FRAUD OR
DISHONESTY OF A LICENSEE IN PERFORMANCE OF A CONTRACT).
NONE.
VIOLATION OF ACT CONSTITUTES A MISDEMEANOR SUBJECT TO A FINE OF NOT
LESS THAN $50 NOR MORE THAN $500, OR IMPRISONMENT IN COUNTY JAIL FOR
NOT OVER SIX MONTHS, OR BOTH FINE AND IMPRISONMENT. VIOLATION OF
REGULATIONS CONSTITUTES GROUNDS FOR DISCIPLINARY ACTION. STATUTE OF
LIMITATIONS IS TWO YEARS.
CALIFORNIA AGRICULTURAL CODE (PEST CONTROL OPERATIONS)
(CAL. AGRIC. CODE, S 11401 TO 12121, SUPP. 1975)
RESTRICTED MATERIALS LAW (2,4-D, 1080, THALLIUM)
(WEST'S ANN. AGRIC. CODE, S 14001 TO 14104, SUPP. 1975)
PRODUCE CARRYING SPRAY RESIDUE (TOLERANCES)
(WEST'S ANN. AGRIC. CODE, S 12501 TO 12671, SUPP. 1974)
ECONOMIC POISONS (REGISTRATION LAW)
(CAL. AGRIC. CODE, S 12751 TO 12994, SUPP. 1975)
"CALIFORNIA HAZARDOUS SUBSTANCES ACT"
(WEST'S ANN. HEALTH & SAFETY CODE, S 27740 TO 28792, SUPP. 1974)
PESTICIDE POISONING
(WEST'S ANN. HEALTH & SAFETY CODE, S 2950 TO 2951, SUPP. 1974)
DIVISION OF INDUSTRIAL SAFETY
(WEST'S ANN. LABOR CODE, S 6500 ET SEQ. , 1971)
1975
5f
CALIFORNIA
-------
(CO-06-02-01)
COLORADO
TITLE :
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"COMMERCIAL PESTICIDE APPLICATOR'S ACT" f
(COLO. REV. STAT. ANN., S 6-14-1 TO 6-14-22, 19XX)
UNLAWFUL TO APPLY PESTICIDES FOR HIRE UNLESS LICENSED BY THE COMMIS-
SIONER OF AGRICULTURE, OR TO ACT AS A PESTICIDE DEALER WITHOUT A
LICENSE. ANY BODY POLITIC OR LICENSEE REQUIRED TO OBTAIN A PERMIT
TO USE A RESTRICTED PESTICIDE.
PERSONS APPLYING PESTICIDES ON THEIR OWN OR CONTROLLED PROPERTY,
OCCASIONAL APPLICATORS WORKING ON ADJACENT PROPERTY, APPLICATORS
OF FERTILIZER AND SOIL CONDITIONERS.
AGRICULTURAL APPLICATOR
ORNAMENTAL APPLICATOR
QUALIFYING EXPERIENCE, GAINED WITHIN 3 YEARS IMMEDIATELY PRECEDING
APPLICATION.
NO SPECIFIC FORM REQUIRED.
BOTH ORAL AND WRITTEN EXAMINATION REQUIRED.
APPLICATION FEE
ANNUAL LICENSE FEE
ANNUAL EQUIPMENT REGISTRATION FEE:
FOR FIRST 10 UNITS, EACH
FOR OVER 10 UNITS, EACH
RESTRICTED PESTICIDE PERMIT
$ 25.00
25.00
10.00
5.00
NO FEE
CALENDAR YEAR LICENSE ISSUED BY COMMISSIONER TO QUALIFIED APPLI-
CANTS ; LICENSE MAY RESTRICT INDIVIDUALS TO CERTAIN TYPES OF EQUIP-
MENT OR MATERIALS.
RENEWABLE PRIOR TO DECEMBER 3,1. LICENSE MAY BE REVOKED FOR CAUSE,
WITH OPPORTUNITY FOR A HEARING. LICENSEES MUST ATTEND EXTENSION
SERVICE APPLICATOR WORKSHOP AT LEAST EVERY OTHER YEAR OR LOSE
LICENSE.
REQUIRED TO HAVE OR TO DESIGNATE A RESIDENT AGENT TO ACCEPT SERVICE
OF LEGAL PROCESS. NO PROVISION FOR RECIPROCITY.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
1975
6a
COLORADO
-------
INSPECT OR LICENSE YES
EQIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS I
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
NONE. (THE ACT PROVIDES FOR AN ADVISORY COMMITTEE, INCLUDING AGRI-
CULTURAL AND ORNAMENTAL LICENSED APPLICATORS.)
1. ADVERTISE
2. AGENT
3. AGRICULTURAL APPLICATOR
4. AGRICULTURAL PEST
5. APPLICANT
6. APPLICATOR
7. BODY POLITIC
8. CERTIFICATE OF
REGISTRATION
9. COMMERCIAL APPLICATOR
10. COMMISSION
11. COMMISSIONER
12. DEFOLIANT
13. DEPARTMENT
14. DESICCANT
15. DEVICE
16. EQUIPMENT
17. FUNGI
18. FUNGICIDE
19. HERBICIDE
20. INSECTICIDE
21. INSECTS
22. LICENSEE
23. NEMATODE
24. NEMATOCIDE
25. ORNAMENTAL APPLICATOR
26. ORNAMENTAL PEST
27. PERSON
28. PESTICIDE
29. PLANT REGULATOR
30. QUALIFIED APPLICATOR
31. STOP WORK ORDER
32. STRUCTURAL PEST CONTROL
33. WEED
FINANCIAL
RESPONSIBILITY:
PERSONAL INJURY $25,000/50,000; PROPERTY DAMAGE $5,000.
1975
6b
COLORADO
-------
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE.
VIOLATION CONSTITUTES A NUISANCE SUBJECT TO ABATEMENT BY IN-
JUNCTION; CONVICTION SUBJECTS VIOLATOR TO FINE OF FROM $100
TO $1,000 DEPENDING UPON SECTION VIOLATED AND WHETHER A FIRST
OR SUBSEQUENT OFFENSE.
"THE PESTICIDE ACT" (REGISTRATION LAW)
(COLO. REV. STAT. ANN., S 6-12-1 TO 6-12-17, 19XX)
"STRUCTURAL PEST CONTROL ACT"
(COLO. REV. STAT. ANN., S 6-18-1 TO 6-18-19, 19XX)
PROVIDES THAT PERSONS WHO ENGAGE IN STRUCTURAL PEST CONTROL
SHALL BE QUALIFIED, EXAMINED, AND LICENSED BY THE COMMISSIONER
OF AGRICULTURE.
"COLORADO FOOD AND DRUG ACT"
(COLO. REV. STAT., S 66-20-1 ET SEQ., 1963)
ADOPTS BY REFERENCE CERTAIN PROVISIONS OF PERTINENT FEDERAL
LAWS.
1975
6c
COLORADO
-------
(CO-06-03-01)
COLORADO
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"STRUCTURAL PEST CONTROL ACT"
(COLO. REV. STAT. ANN., S 6-18-19, SUPP. 19XX)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL UN-
LESS LICENSED BY THE COMMISSIONER OF AGRICULTURE. OTHER PROHIBITED
ACTS ARE INCLUDED IN VARIOUS SECTIONS OF THE ACT.
GRANDFATHER CLAUSE EXEMPTS QUALIFIED PERSONS IN BUSINESS ON
JANUARY 1, 1971.
STRUCTURAL PEST CONTROL.
KNOWLEDGE OF THE PRACTICAL AND SCIENTIFIC FACTS RELATING TO STRUC-
TURAL PEST CONTROL. TWO YEARS EXPERIENCE, ONE OF WHICH WAS WITHIN
THE LAST FIVE YEARS, (ONE YEAR OF TRAINING MAY SUBSTITUTE FOR ONE-
FOURTH YEAR OF EXPERIENCE) OR A COLLEGE DEGREE WITH A MAJOR IN
ENTOMOLOGY, OR SANITARY OR PUBLIC HEALTH ENGINEERING (PLUS EX-
EXPERIENCE) .
ON FORMS PROVIDED BY THE COMMISSIONER, ACCOMPANIED BY NON-REFUNDABLE
EXAMINATION FEE OF $25.
ORAL AND WRITTEN. ORAL EXAMINING BOARD TO MEET MONTHLY; WRITTEN
EXAMINATIONS MAY BE TAKEN ON REGULAR WORK DAYS DURING PRESCRIBED
HOURS.
EXAMINATION $ 25.00
LICENSE 50.00
RENEWAL OF LICENSE 50.00
EMPLOYEES OF BODY POLITIC NONE
EQUIPMENT REGISTRATION FEE NONE
DELINQUENT RENEWAL (ADDITIONAL) 50.00
LICENSES EXPIRE
UPON SATISFACTORY COMPLETION OF EXAMINATION.
DECEMBER 31.
RENEWABLE BETWEEN OCTOBER-DECEMBER.
NO PROVISION FOR RECIPROCITY. MUST HAVE A RESIDENT AGENT OR DESIG-
NATE SECRETARY OF STATE, UNDER POWER OF ATTORNEY, AS AGENT TO ACCEPT
SERVICE OF LEGAL PROCESSES.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
6d
1975
COLORADO
-------
INSPECT OR LICENSE
EQIPMENT
YES
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
ADVISORY COMMITTEE "... THE COMMISSIONER SHALL APPOINT AN ADVISORY
COMMITTEE OF SIX MEMBERS TO ASSIST IN PREPARING WRITTEN EXAMINATIONS
... FORMULATING RULES AND REGULATIONS ... CONSIST(ING) OF THREE ...
RESIDENTS ... LICENSED UNDER THIS ARTICLE ... THE HEAD OF THE DEPART-
MENT OF ENTOMOLOGY OF COLORADO STATE UNIVERSITY (OR DESIGNEE) ...
THE CHIEF OF THE DIVISION OF PLANT INDUSTRY OF THE DEPARTMENT OF
AGRICULTURE ... AND ... THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
HEALTH (OR DESIGNEE)."
DEFINITIONS:
(LAW)
1. APPLICANT
2. BODY POLITIC
3. CERTIFICATE OF REGISTRATION
4. COMMISSIONER
(OF AGRICULTURE)
5. FUNGI
6. INSECT
7. LICENSEE
8. NEMATODE
9. PERSON
10. PESTICIDE
11. STRUCTURAL PEST CONTROL
(REGULATION)
1. BIRD POISONS OR REPELLANTS
2. DEVICE
3. FISH POISONS OR REPELLANTS
4. FOOD DISPENSING
ESTABLISHMENT
5. FOOD PROCESSING
ESTABLISHMENT
6. FUMIGANT
7. FUMIGATION
8. FUNGICIDE
9. HOUSEHOLD PEST CONTROL
10. INSECTICIDE
11. INVERTEBRATE ANIMAL
POISONS OR REPELLANTS
12. MAMMAL POISONS OR
REPELLANTS
13. PEST
14. PESTICIDE
1975
6e
COLORADO
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
LIABILITY INSURANCE:
BODILY INJURY, PER PERSON
BODILY INJURY, PER OCCURRENCE
PROPERTY DAMAGE
PERFORMANCE BOND
15. QUALIFIED SUPERVISOR
16. REGISTERED APPROVED USES
17. RESTRICTED USE PESTICIDES
18. RODENT CONTROL
19. RODENTICIDE
20. STRUCTURAL PEST CONTROL
21. STRUCTURE
22. WOOD DESTROYING ORGANISMS
CONTROL
50,000.00
100,000.00
50,000.00
NONE
APPLICANT MAY FURNISH "OTHER EVIDENCE" OF FINANCIAL RESPONSIBILITY
ACCEPTABLE TO COMMISSIONER.
NONE.
VIOLATION OF ACT CONSTITUTES A MISDEMEANOR SUBJECT TO A FINE OF NOT
MORE THAN $500, OR BY IMPRISONMENT IN TEE COUNTY JAIL OF NOT MORE
THAN 90 DAYS, OR BOTH FINE AND IMPRISONMENT. INJUNCTIVE PROCESSES
AUTHORIZED. COMMISSIONER MAY ISSUE "STOP WORK" ORDER.
"THE PESTICIDE ACT" (REGISTRATION LAW)
(COLO. REV. STAT. ANN., S 6-12-1 T06-12-17, 19XX)
"COMMERCIAL PESTICIDE APPLICATORS ACT"
(COLO. REV. STAT. ANN., S 6-14-1 TO 6-1-22, 19XX)
"COLORADO FOOD AND DRUG ACT"
(COLO. REV. STAT., S 66-20-1 ET SEQ., 1963)
"COLORADO HAZARDOUS SUBSTANCES ACT OF 1973"
(CHAPT. 208 SESSION LAWS, 1973)
1975
6f
COLORADO
-------
(CT-07-04-01)
CONNECTICUT
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
CONNECTICUT PESTICIDE CONTROL ACT*
(GEN. STAT. CONN., S 22A 46 TO 22A 66, 1975)
UNLAWFUL TO ENGAGE IN COMMERCIAL APPLICATION OF PESTICIDES UNLESS
LICENSED BY THE COMMISSIONER OF ENVIRONMENTAL PROTECTION. NO
INDIVIDUAL SHALL USE OR SUPERVISE THE USE OF ANY RESTRICTED USE
PESTICIDE UNLESS CERTIFIED.
PERSONS UNDER THE DIRECT SUPERVISION OF A PRIVATE APPLICATOR.
1. COMMERCIAL:
A. SUPERVISORY
B. OPERATIONAL
2. COMMERCIAL TREE WORK
3. PRIVATE
4. AIRCRAFT
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DKLEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
INDIVIDUALS SHALL BE COMPETENT (AS IN FEDERAL STANDARDS).
MADE TO THE COMMISSIONER CONTAINING INFORMATION "AS THE
COMMISSIONER MAY REQUIRE."
MUST DEMONSTRATE ADEQUATE KNOWLEDGE CONCERNING PROPER USE AND
APPLICATION OF PESTICIDES.
ESTABLISHED BY REGULATION.
UPON BEING FOUND QUALIFIED
LICENSE VALID FOR FIVE YEARS AND MAY BE RENEWED WITH OR WITHOUT
EXAMINATION. PROVISIONS FOR SUSPENSION OR REVOCATION OF LICENSES.
PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
*PORTIONS OF THE ACT RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
7a
1975
CONNECTICUT
-------
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS HO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
NO
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS YES
NO
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
NO
REGISTER SPECIAL LOCAL
NEED PESTICIDES
POST TREATED AREAS
NO
"THE COMMISSIONER SHALL ESTABLISH A PESTICIDE ADVISORY COUNCIL CON-
SISTING OF, BUT NOT LIMITED TO, THE DIRECTOR OF THE AGRICULTURAL
EXPERIMENT STATION, THE COMMISSIONER OF AGRICULTURE, THE COMMISSIONER
OF HEALTH, AND THE DEAN OF THE COLLEGE OF AGRICULTURE OF THE UNIVER-
SITY OF CONNECTICUT OR THEIR RESPECTIVE DESIGNEES. THE COUNCIL
SHALL MEET AT LEAST ANNUALLY AND THE COMMISSIONER MAY CONSULT WITH
THE PESTICIDE ADVISORY COUNCIL ON TECHNICAL MATTERS INVOLVING THE
APPLICATION AND USE OF PESTICIDES, THE DETERMINATION OF IMMINENT
HAZARDS AND THE UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT
BEFORE PROMULGATING REGULATIONS OR ORDERS IN CARRYING OUT THIS
ACT..."
1. ACTIVE INGREDIENT
2. ADULTERATED
3. ANBIAL
4. CERTIFIED APPLICATOR
5. COMMERCIAL APPLICATOR
6. COMMISSIONER
7. DEFOLIANT
8. DESICCANT
9. DEVICE
10. ENVIRONMENT
11. IMMINENT HAZARD
12. INERT INGREDIENT
13. INGREDIENT STATEMENT
14. INSECT
15. LABEL
16. LABELING
17. MICRO-ORGANISM
18. MISBRANDED
19. NEMATODE
20. PERSON
21. PEST
22. PESTICIDE
23. PLANT REGULATOR
24. PRIVATE APPLICATOR
25. REGISTRANT
26. UNREASONABLE ADVERSE
EFFECTS ON THE ENVIRONMENT
27. WEED
COMMERCIAL AND AIRCRAFT APPLICATORS TO FURNISH PROOF OF
FINANCIAL RESPONSIBILITY IN AMOUNTS DETERMINED BY THE COMMISSIONER
TO BE NECESSARY TO PROTECT THE PUBLIC.
THE COMMISSIONER MAY ESTABLISH PENALTIES FOR VIOLATION OF REGULA-
TIONS.
VIOLATION OF ACT BY COMMERCIAL APPLICATORS OR UNLICENSED PERSONS
SUBJECT TO A FINE OF NOT MORE THAN $25,000 OR IMPRISONMENT FOR NOT
MORE THAN ONE YEAR OR BOTH. VIOLATION OF ACT BY PRIVATE APPLICATORS
SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR, IMPRISONMENT FOR NOT
MORE THAN THIRTY DAYS OR BOTH.
7b
1975
CONNECTIC
-------
RELEVANT LAWS: GEN. STAT. CONN. S 19-300 (T)
REGULATES THE SALE, USE, OR POSSESSION OF SODIUM FLUORACETATE.
GEN. STAT. CONN. S 19-300 (U)
REQUIRES PERMITS FOR USE OF PESTICIDES IN STATE WATERS.
TREE EXPERT LAW
(GEN. STAT. CONN. S 23-61 ET SEQ.)
7c
1975 CONNECTICUT
-------
(DE-08-04-01)
DELAWARE
TITLE:
PROHIBITED ACTS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
CHAPTER 12. PESTICIDES*
(DELAWARE CODE, TIT. 3, S 1201 TO 1219, SUPP. 1972)
UNLAWFUL TO:
(1) PURCHASE OR USE A RESTRICTED PESTICIDE EXCEPT IN ACCORDANCE
WITH A PERMIT GRANTED BY THE SECRETARY OF THE DEPARTMENT OF AGRI-
CULTURE,
(2) SELL OR OFFER TO SELL TO A PERSON NOT POSSESSING A VALID PUR-
CHASE AND USE PERMIT,
(3) DISPOSE OF RESTRICTED PESTICIDES EXCEPT IN ACCORDANCE WITH
STATE REGULATIONS.
"PERMITS" REQUIRED TO PURCHASE OR USE A RESTRICTED PESTICIDE. "NO
APPLICATOR'S PERMITS WILL BE ISSUED UNLESS THE PERMIT HOLDER OPER-
ATES UNDER AN AUTHORIZED CONSULTANT OR HAS DEMONSTRATED EXPERTISE
IN THE PROPER USE OF THE PESTICIDE FOR WHICH THE PERMIT IS ISSUED."
STRUCTURAL PESTICIDE APPLICATOR
COMMERCIAL PESTICIDE APPLICATOR
INDIVIDUALS MUST BE "COMPETENT" (AS IN FEDERAL STANDARDS).
ON FORMS PROVIDED BY THE SECRETARY.
NOT SPECIFIED IN ACT.
ESTABLISHED BY REGULATION BUT MAY NOT EXCEED $15 FOR EACH PERMIT.
PERMIT MAY SPECIFY "... THE AREA, TIME, AMOUNT OR RATE OF APPLI-
CATION OR SUCH OTHER CONDITIONS OF USE AS ... NECESSARY ..."
ALL PESTICIDE APPLICATOR PERMITS SHALL BE ISSUED ON A CALENDAR YEAR
BASIS. PERMITS MAY BE CANCELLED FOR VIOLATION OF THE ACT OR IF AN
EMERGENCY CREATES A CLEAR AND PRESENT DANGER TO THE OVERALL PUBLIC
INTEREST AND WELFARE FROM THE USES AUTHORIZED BY THE PERMIT. AD-
MINISTRATIVE AND JUDICIAL REVIEWS PROVIDED FOR ADVERSE ACTIONS.
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY NO
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
YES
YES
YES
NO
YES
*PORTIONS OF THE ACT WHICH RELATE TO REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
1975
8a
DELAWARE
-------
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
REQUIRE PURCHASE PERMITS YES
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
I
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"(A) THERE IS HEREBY CREATED A PESTICIDE ADVISORY COMMITTEE, CON-
SISTING OF THREE PESTICIDE APPLICATORS RESIDING IN THE STATE, ONE
QUALIFIED TO OPERATE GROUND EQUIPMENT, ONE QUALIFIED TO OPERATE
AERIAL EQUIPMENT AND ONE QUALIFIED FOR STRUCTURAL PEST CONTROL;
ONE ENTOMOLOGIST IN PUBLIC SERVICE; ONE ENVIRONMENTAL HEALTH
SPECIALIST FROM THE STATE DEPARTMENT OF HEALTH AND SOCIAL SERVICES;
ONE TOXICOLOGIST IN PUBLIC SERVICE; ONE PLANT PATHOLOGIST IN PUBLIC
SERVICE; ONE MEMBER FROM THE AGRICULTURAL CHEMICAL INDUSTRY; ONE
MEMBER FROM THE FOOD PROCESSING INDUSTRY; ONE PRODUCER OF AGRI-
CULTURAL CROPS OR PRODUCTS ON WHICH PESTICIDES ARE APPLIED OR
WHICH MAY BE AFFECTED BY THE APPLICATION OF PESTICIDES; TWO REPRE-
SENTATIVES OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL
CONTROL — ONE WHO IN HIS EMPLOYMENT IS RESPONSIBLE FOR THE PROTEC-
TION OF ENVIRONMENTAL CONTROL, AND ONE WHO IN HIS EMPLOYMENT IS
RESPONSIBLE FOR FISH AND WILDLIFE PROTECTION. SUCH MEMBERS SHALL
BE APPOINTED BY THE GOVERNOR FOR TERMS OF THREE YEARS AND MAY BE
APPOINTED FOR SUCCESSIVE THREE YEAR TERMS AT THE DISCRETION OF THE
GOVERNOR. THE GOVERNOR MAY REMOVE ANY MEMBER OF THE COMMITTEE
PRIOR TO THE EXPIRATION OF HIS TERM OF APPOINTMENT FOR CAUSE; ...
"... (B) UPON THE DEATH, RESIGNATION, OR REMOVAL FOR CAUSE OF ANY
MEMBER OF THE COMMITTEE, THE GOVERNOR SHALL FILL SUCH VACANCY.
"(C) THE COMMITTEE SHALL ADVISE THE DEPARTMENT ON ANY OR ALL PROB-
LEMS RELATING TO THE USE AND APPLICATION OF PESTICIDES IN THE STATE.
"(D) THE COMMITTEE SHALL ELECT ONE OF ITS MEMBERS CHAIRMAN. THE
MEMBERS OF THE COMMITTEE SHALL MEET AT SUCH TIME AND AT SUCH PLACE
AS SHALL BE SPECIFIED BY THE CALL OF THE DEPARTMENT, CHAIRMAN, OR
A MAJORITY OF THE COMMITTEE ..."
1975
8b
DELAWARE
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. ACTIVE INGREDIENT
2. ADULTERATED
3. ANTIDOTE
4. COMMERCIAL PESTICIDE
5. APPLICATOR
6. DEPARTMENT
7. DESICANT
8. DEVICE
9. FUNGI
10. FUNGICIDE
11. HERBICIDE
12. INERT INGREDIENT
13. INGREDIENT STATEMENT
14. INSECT
15. INSECTICIDE
NONE.
16. LABELING
17. MISBRANDED
18. MITE
19. MITICIDE
20. NEMATODE
22. PERSON
23. PESTICIDES
24. PLANT REGULATOR
25. REGISTRANT
26. RESTRICTED USE PESTICIDE
27. RODENTICIDE
28. SECRETARY
29. STRUCTURAL PESTICIDE
APPLICATOR
30. USER
31. WEED
NONE.
VIOLATION OF THE ACT SUBJECT TO A FINE OF NOT MORE THAN $5,000 FOR
EACH OFFENSE. PROVISION MADE FOR A "STOP SALE, USE OR REMOVAL"
ORDER AS WELL AS INJUNCTIVE PROCEDURES.
PEST CONTROL COMPACT
(DELAWARE CODE, TIT. 3, S 9001 TO 9027, 1971)
1975
8c
DELAWARE
-------
(FL-09-01-01)
FLORIDA
TITLE:
PROHIBITED ACTS:
RELEVANT LAWS:
"FLORIDA PESTICIDE LAW" (REGISTRATION LAW)
(FLA. STAT. ANN., S 487.011 TO 487.14, SUPP. 1974)
THIS IS A UNIFORM STATE REGISTRATION LAW WHICH WAS AMENDED IN 1970
TO RESTRICT THE USE OF CERTAIN PESTICIDES. IT AUTHORIZES THE DE-
PARTMENT OF AGRICULTURE TO DESIGNATE PESTICIDES WHICH SHOULD BE
RESTRICTED IN THEIR SALE AND USE, AND TO REQUIRE ALL PERSONS WHO
WISH TO USE A RESTRICTED PESTICIDE, TO OBTAIN A PERMIT TO PURCHASE,
POSSESS, OR USE THEM.
UNLAWFUL ...
1. TO SELL "RESTRICTED PESTICIDES" WITHOUT A LICENSE.
2. TO PURCHASE OR POSSESS "RESTRICTED PESTICIDES" WITHOUT A PERMIT,
AND
3. TO USE OR DISPOSE OF A RESTRICTED PESTICIDE, EXCEPT IN A MANNER
AUTHORIZED BY THE PERMIT AND ACCORDING TO LABEL DIRECTIONS.
"PEST CONTROL ACT" (STRUCTURAL)
(FLA. STAT. ANN., S 482.001 TO 482.25,SUPP. 1974)
RELATES TO CONTROL OF PESTS IN STRUCTURES, LAWNS, ORNAMENTALS, AND
OTHER NONAGRICULTURAL ENVIRONMENTS. ADMINISTERED BY THE STATE
BOARD OF HEALTH.
"FLORIDA PESTICIDE APPLICATION ACT OF 1974"
(FLA. STAT. ANN., S 487.151 TO 487.169, SUPP. 1974)
"FLORIDA FOOD, DRUG, AND COSMETIC LAW"
(FLA. STAT. ANN., S 500.01 TO 500.45, 1962)
SEC. 500.13 ... RELATES TO PESTICIDE CHEMICALS IN OR ON RAW
AGRICULTURAL COMMODITIES.
1975
9a
FLORIDA
-------
(FL-09-02-01)
FLORIDA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"FLORIDA PESTICIDE APPLICATION ACT OF 1974"
(FLA. STAT. ANN., S 487.151 TO 487.166, SUPP. 1974)
UNLAWFUL (AFTER OCTOBER 21, 1976) TO ENGAGE IN THE BUSINESS OF AP-
PLYING RESTRICTED PESTICIDES WITHOUT A CERTIFIED APPLICATORS
LICENSE.
PERSONS REGULATED UNDER OTHER CHAPTERS OF FLORIDA STATUTES
(STRUCTURAL PEST CONTROL).
COMMERCIAL
PRIVATE
PUBLIC
OTHERS AUTHORIZED
PRESCRIBED BY RULE. MUST BE COMPETENT (AS IN FEDERAL STANDARDS).
IN WRITING ON FORMS FURNISHED BY THE DEPARTMENT.
TO DEMONSTRATE COMPETENCE BY ORAL OR WRITTEN EXAMINATION OR OTHER
EQUIVALENT PROCEDURES ESTABLISHED BY RULES.
TO BE ESTABLISHED BY REGULATION.
APPLICATION AND PROCESSING, NOT TO EXCEED $ 100.00
RENEWAL 5.00
LATE RENEWAL, PLUS 10%
GOVERNMENT AGENCY PERSONNEL EXEMPT
UPON BEING FOUND QUALIFIED.
AT LEAST EVERY THREE YEARS.
MUST FILE WRITTEN POWER OF ATTORNEY DESIGNATING SECRETARY OF STATE
UPON WHOM SERVICE OF LEGAL PROCESSES MAY BE HAD. NO PROVISION FOR
RECIPROCITY.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINSTER OATHS NO
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
1975
9b
FLORIDA
-------
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
YES. PESTICIDE APPLICATION COUNCIL (CHAPTER 487.061 FLA. STAT.).
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. AIRCRAFT
2. ANIMAL
4. CERTIFIED
APPLICATOR
5. COMMERCIAL APPLICATOR
6. COUNCIL
7. DEFOLIANT
8. DESICCANT
9. DEVICE
10. EQUIPMENT
11. FUNGI
12. FUNGICIDE
13. HERBICIDE
14. INSECT
15. INSECTICIDE
16. LAND
NONE.
17. NEMATOCIDE
18. NEMATODE
19. PERSON
20. PEST
21. PESTICIDE
22. PLANT REGULATOR
23. PRIVATE APPLICATOR
24. PUBLIC APPLICATOR
25. RESTRICTED PESTICIDE
26. RODENTICIDE
27. UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
28. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
29. WEED
30. WILDLIFE
NONE.
VIOLATION OF LAW OR REGULATION CONSTITUTES A MISDEMEANOR OF SECOND
DEGREE. SUBSEQUENT VIOLATION CONSTITUTES MISDEANOR OF FIRST DEGREE.
"PEST CONTROL ACT" (STRUCTURAL)
(FLA. STAT. ANN., S 482.011 TO 482.25, SUPP. 1974)
"FLORIDA PESTICIDE LAW" (REGISTRATION LAW)
(FLA. STAT. ANN., S 487.011 TO 487.14, SUPP. 1974)
"FLORIDA FOOD, DRUG AND COSMETIC LAW"
(FLA. STAT. ANN., S 500.01 TO 500.45)
9c
1975
FLORIDA
-------
(FL-09-03-01)
FLORIDA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
"THE PEST CONTROL ACT"*
(FLA. STAT. ANN., S 482.011 TO 482.25, SUPP. 1974)
UNLAWFUL TO OPERATE OR ENGAGE IN THE PEST CONTROL BUSINESS UNLESS
LICENSED BY THE DIVISION OF HEALTH, DEPARTMENT OF HEALTH AND RE-
HABILITATIVE SERVICES.
STATE, FEDERAL, MUNICIPAL, OR COUNTY GOVERNMENTAL AGENCIES; STATE
AND EDUCATIONAL AGENCIES ENGAGED IN RESEARCH PERTAINING TO PEST CON-
TROL; GREENHOUSES, NURSERIES, PRODUCERS OF AGRICULTURAL COMMODITIES,
AND PERSONS CONTROLLING PESTS ON THEIR OWN PROPERTY (EXCEPT BY FUMI-
GATION) ; LAWN AND ORNAMENTAL PEST CONTROL PERFORMED ON AN AGRICULTURAL
AREA; PRESERVATIVE TREATMENT OF STRUCTURAL MATERIALS USED IN CON-
STRUCTION (PRE-TREATMENT). HOWEVER, EXEMPTED PERSONS "... SHALL
EMPLOY ALL ... MATERIALS (SO AS TO) AVOID HAZARDS TO PUBLIC HEALTH
AND SAFETY ... (AND) SHALL NOT ... PERFORM FUMIGATION ..."
PRINCIPAL: 1. FUMIGATION
2. GENERAL HOUSEHOLD PESTS, INCLUDING RODENT CONTROL
3. LAWN AND ORNAMENTAL PEST CONTROL
4. TERMITES, INCLUDING OTHER WOOD INFESTING ORGANISMS
LIMITED: (VALID ONLY IF LICENSE ISSUED BEFORE OCTOBER 1, 1959)
GENERAL HOUSEHOLD PESTS, EXCLUDING RODENT CONTROL;
RODENT CONTROL, EXCLUDING GENERAL HOUSEHOLD PESTS
(PEST CONTROL OPERATOR'S CERTIFICATE) - HIGH SCHOOL GRADUATE, OR
EQUIVALENT, A UNITED STATES CITIZEN AND A RESIDENT OF THE STATE OF
FLORIDA, AND HAS REACHED THE AGE OF MAJORITY. THREE YEARS AS A
SERVICE EMPLOYEE OF A LICENSEE, ONE YEAR OF WHICH IMMEDIATELY PRE-
CEDES APPLICATION; OR A DEGREE WITH ADVANCED TRAINING, OR MAJOR IN
ENTOMOLOGY OR HORTICULTURE; MAJORS IN ENTOMOLOGY QUALIFY FOR ALL
CATEGORIES, WHILE MAJORS IN HORTICULTURE QUALIFY IN LAWN AND ORNA-
MENTAL PEST CONTROL ONLY.
ON FORMS PROVIDED BY THE DIVISION, ACCOMPANIED BY FEE OF NOT MORE
THAN $25 (NON-REFUNDABLE) FOR EACH CATEGORY DESIRED.
WRITTEN, WHICH MAY INCLUDE PRACTICAL DEMONSTRATION. MINIMUM OF TWO
EXAMINATIONS ANNUALLY (JUNE AND DECEMBER). FOUR HOURS ALLOTTED FOR
COMPLETING EXAMINATIONS, EXCEPT THREE HOURS FOR SPECIAL IDENTIFICA-
TION-FUMIGATION CARD; 75% IS PASSING GRADE.
BUSINESS LICENSE
IDENTIFICATION CARD
CHANGE OF ADDRESS
APPLICATION FOR EXAMINATION, EACH CATEGORY
INITIAL ISSUANCE
RENEWAL
EXAMINATION FEE - SPECIAL IDENTIFICATION-FUMIGATION CARD
INITIAL ISSUANCE
RENEWAL
EXAMINATION FEE - CERTIFIED PEST CONTROL OPERATOR
INACTIVE IN PEST CONTROL OVER 5 YEARS, DESIRING TO
"ACTIVATE" AND OBTAIN BUSINESS LICENSE
$ 25.00
5.00
5.00
25.00
25.00
25.00
10.00
5.00
5.00
10.00
*ENACTED IN 1947
1975
9d
FLORIDA
-------
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECRODS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
UPON SATISFACTORY COMPLETION OF EXAMINATION. LICENSES EXPIRE BY
"ANNIVERSARY DATE."
RENEWABLE ANNUALLY. "INACTIVE" LICENSEES REQUIRED TO PAY ANNUAL FEE
(OR ALL PAST FEES DUE NOT EXCEEDING FIVE YEARS) TO "ACTIVATE" LICENSE.
LICENSEE INACTIVE OVER FIVE YEARS REQUIRED TO BE EXAMINED FOR COMPE-
TENCY.
NO PROVISION FOR RECIPROCITY.
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS
NO
THE FIVE MEMBER PEST CONTROL COMMISSION OF FLORIDA (FORMERLY TITLED
THE STRUCTURAL PEST CONTROL COMMISSION) WAS ABOLISHED AND THE TERM
"DIVISION" (OF HEALTH) REPLACES THE FORMER TERM "STATE BOARD OF
HEALTH."
1975
9e
FLORIDA
-------
DEFINITIONS:
(LAW)
(REGULATION)
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
APPLICATION OF FUMIGANT(S)
ARTHROPOD
COMPLETE SURFACE
RESIDUAL SPRAY
FUMIGATION OPERATION
FUMIGATION PERIOD
GENERAL FUMIGATION
INFESTATION
PEST CONTROL CERTIFICATES
(A) DESIGNATED ACTIVE
(B) ACTIVE
(C) INACTIVE
PESTICIDE
PREVENTIVE TREATMENT!
PROHIBITED USE PESTICIDE
RESIDENTIAL AREA
SPACE SPRAY
SPOT FUMIGATION
SPOT SURFACE RESIDUAL
SPRAY
SPOT TREATMENT
WOOD INFESTING ORGANISM
1. AGRICULTURAL AREA 1.
2. BOARD (ABOLISHED, 2.
NOW "DIVISION") 3.
3. BUSINESS LOCATION
4. CATEGORY 4.
5. CERTIFIED OPERATOR 5.
6. COMMISSION (ABOLISHED) 6.
7. FUMIGANT 7.
8. FUMIGATION 8.
9. GENERAL HOUSEHOLD PEST
CONTROL
10. IDENTIFICATION CARD HOLDER
11. LAWN 9.
12. LAWN AND ORNAMENTAL PEST 10.
CONTROL 11.
13. LICENSE (BUSINESS LICENSE) 12.
14. (THIS) MEASURE 13.
15. ORNAMENTAL 14.
16. PEST CONTROL 15.
17. PESTS
18. RODENT 16.
19. RODENT CONTROL 17.
20. SPECIAL IDENTIFICATION
CARD HOLDER
21. STRUCTURAL PEST CONTROL
22. STRUCTURE
23. TERMITE AND OTHER WOOD-
INFESTING ORGANISM CONTROL
NOT REQUIRED BY LAW OR REGULATIONS.
DISCIPLINARY MEASURE, PROBATION, AND REVOCATION OR SUSPENSION OF
CERTIFICATES OR LICENSES PROVIDED FOR IN ACT.
VIOLATION OF ACT CONSTITUTES A MISDEMEANOR OF THE SECOND DEGREE.
VIOLATION OF RULES (REGULATIONS) CONSTITUTES A MISDEMEANOR OF THE
SECOND DEGREE. (SEE FS, S 775.082 - .083)
"FLORIDA PESTICIDE LAW" (REGISTRATION LAW)
(FLA. STAT. ANN., S 487.011 TO 487.14, SUPP. 1974)
"FLORIDA PESTICIDE APPLICATION ACT OF 1974"
(FLA. STAT. ANN.. S 487.151 TO 487.169, SUPP. 1974)
"FLORIDA FOOD, DRUG, AND COSMETIC LAW"
(FLA. STAT. ANN., S 500.01 TO 500.47, 1974)
1975
9f
FLORIDA
-------
(GA-10-02-01)
GEORGIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
"GEORGIA PESTICIDE USE AND APPLICATION ACT"
(GA. CODE ANN., S 5-1501A TO 5-1523A, 1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES TO THE
LANDS OF ANOTHER UNLESS LICENSED BY THE COMMISSIONER OF AGRICULTURE.
FARMERS, PUBLIC OPERATORS, AND STRUCTURAL PEST CONTROL OPERATORS
(REGULATED UNDER THE STRUCTURAL PEST CONTROL ACT).
AGRICULTURAL PESTICIDE APPLICATORS
GROUND - AERIAL - MANUAL
ORNAMENTAL PESTICIDE APPLICATORS
PEST CONTROL OPERATORS
OTHER CATEGORIES AUTHORIZED
MUST POSSESS "ADEQUATE KNOWLEDGE."
TO BE MADE IN WRITING ON FORM PROVIDED BY THE COMMISSIONER.
MUST COVER CERTAIN SPECIFIC AREAS TO TEST APPLICANT'S ABILITIES
AND WORKING KNOWLEDGE OF PESTICIDE APPLICATION.
PESTICIDE APPLICATORS LICENSE, EACH
PESTICIDE OPERATORS LICENSE, EACH
LICENSE GRANTED WHEN APPLICANT FOUND QUALIFIED.
$ 15.00
10.00
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
JANUARY 1 OF EACH YEAR. IF NOT RENEWED BY MARCH 1, COMMISSIONER
MAY REQUIRE RE-EXAMINATION. NEW KNOWLEDGE MAY REQUIRE NEW EXAMINA-
TION.
RECIPROCITY PROVIDED.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
1975
lOa
GEORGIA
-------
DECLARE RESTRICTED USE
PESTICIDES
YES
ESTABLISH CERTIFICATION
STANDARDS
YES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
YES
YES
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
YES
YES
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROK ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
NO
NO
NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
"IN THE ADMINISTRATION OF THIS ACT THE COMMISSIONER SHALL APPOINT
A PESTICIDE ADVISORY BOARD FOR THE PURPOSE OF ADVISING HIM ON ALL
MATTERS RELATING TO PESTICIDES, THEIR USE AND APPLICATION ..."
1. DEFOLIANT
2. DESICCANT
3. ENGAGE IN BUSINESS
4. EQUIPMENT
5. FUNGI
6. FUNGICIDE
7. HERBICIDE
8. INSECT
9. INSECTICIDE
10. LAND
11. NEMATOCIDE
12. NEMATODE
13. PERSON
14. PEST
15. PESTICIDE
16. PESTICIDE APPLICATOR
17. PESTICIDE OPERATOR
18. PLANT REGULATOR
19. PUBLIC OPERATORS
20. RESTRICTED USE PESTICIDE
21. RODENTICIDE
22. SNAILS OR SLUGS
23. WEED
24. WILDLIFE
SURETY BOND OR LIABILITY INSURANCE TO BE ESTABLISHED BY REGULATION,
WITH A $1,000 DEDUCTIBLE FEATURE FOR AERIAL APPLICATORS, AND $100
DEDUCTIBLE FOR GROUND APPLICATORS.
PENALTIES:
CIVIL
CRIMINAL
NONE.
VIOLATION OF THE ACT OR REGULATIONS ISSUED UNDER THE ACT CONSTITUTES
A MISDEMEANOR.
RELEVANT LAWS:
"GEORGIA ECONOMIC POISON ACT"
(GA. CODE ANN., S 5-1502 TO 5-1516, 1970)
"STRUCTURAL PEST CONTROL ACT"
(GA. CODE ANN., S 84-3401 TO 84-3423, 1970)
1975
lOb
GEORGIA
-------
(GA-10-03-01)
GEORGIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
"STRUCTURAL PEST CONTROL ACT"
(GA. CODE ANN., S 84-3401 TO 84-3423, 1970)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL, CON-
TROL OF WOOD DESTROYING ORGANISMS OR FUMIGATION, UNLESS LICENSED BY
THE STRUCTURAL PEST CONTROL COMMISSION.
PERSONS DOING WORK ON THEIR OWN PROPERTY, BUT SUCH PERSONS SHALL NOT
ENDANGER THE PUBLIC HEALTH OR SAFETY; AGENCIES OF FEDERAL, STATE,
COUNTY OR MUNICIPAL GOVERNMENTS IN PERFORMANCE OF OFFICIAL DUTIES.
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
1. FUMIGATION
2. HOUSEHOLD PEST CONTROL
3. WOOD DESTROYING ORGANISMS
KNOWLEDGE OF PRACTICAL AND SCIENTIFIC FACTS REGARDING STRUCTURAL
PEST CONTROL; TWO YEARS (ONE YEAR WITHIN LAST FIVE) EXPERIENCE UNDER
QUALIFIED PERSON; OR ONE YEAR OR MORE OF TRAINING IN SPECIALIZED PEST
CONTROL UNDER UNIVERSITY OR COLLEGE SUPERVISION MAY BE SUBSTITUTED
FOR PRACTICAL EXPERIENCE (ONE YEAR OF TRAINING TO EQUAL ONE-FOURTH
YEAR OF EXPERIENCE) OR, A DEGREE WITH MAJOR IN ENTOMOLOGY, SANITARY
OR PUBLIC HEALTH ENGINEERING OR RELATED SUBJECTS, PLUS ONE YEAR
EXPERIENCE.
ON FORMS FURNISHED BY THE STATE EXAMINING BOARDS, 45 DAYS PRIOR TO
EXAMINATION, ACCOMPANIED BY EXAMINATION FEE OF $10, PER CATEGORY.
ORAL AND WRITTEN, GIVEN NOT LESS THAN TWICE ANNUALLY. REGULATIONS
PROVIDE FOR QUARTERLY EXAMINATIONS IN JANUARY, APRIL, JULY AND
OCTOBER. GRADE OF 70% REQUIRED FOR PASSING. COMMISSION MAY REFUSE
TO EXAMINE PERSONS CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE.
EXAMINATION, PER CATEGORY
RE-EXAMINATION
LICENSE (BUSINESS ENTITY)
LICENSE RENEWAL
DELINQUENT LICENSE RENEWAL (ADDITIONAL)
CERTIFICATION (CERTIFIED OPERATOR)
DUPLICATE LICENSE (FOR SUB-OFFICE)
CERTIFICATION RENEWAL
DELINQUENT CERTIFICATE RENEWAL (ADDITIONAL)
REGISTRATION OF EMPLOYEE
CHANGE, CANCELLATION, RENEWAL OR ISSUANCE
OF DUPLICATE REGISTRATION
$ 10.00
10.00
25.00
25.00
25.00
25.00
5.00
25.00
25.00
2.00
2.00
ISSUANCE
RENEWAL
APPLICATION FOR CERTIFICATION MUST BE MADE WITHIN 90 DAYS AFTER PASS-
ING EXAMINATION. LICENSES (BUSINESS ENTITIES) AND CERTIFICATES
(CERTIFIED OPERATORS) EXPIRE JUNE 30.
RENEWABLE ANNUALLY. LATE RENEWAL (WITHIN 90 DAYS AFTER JUNE 30) SUB-
JECT TO 100% OF PENALTY FEE, AFTER THIS PERIOD, RE-EXAMINATION
REQUIRED.
1975
lOc
GEORGIA
-------
NONRESIDENTS
RECIPROCITY PROVIDED. NONRESIDENTS MUST DESIGNATE A RESIDENT AGENT
TO ACCEPT SERVICE OF LEGAL PROCESSES, IF NONE, THEN THE SECRETARY OF
STATE IS AGENT.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
NO
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
STRUCTURAL PEST CONTROL COMMISSION. "... THERE IS HEREBY CREATED A
STRUCTURAL PEST CONTROL COMMISSION TO CONSIST OF SIX (6) MEMBERS,
THREE (3) OF WHOM SHALL BE RESIDENTS ... AND ... CERTIFIED OPERATORS
... APPOINTED BY THE COMMISSIONER (OF AGRICULTURE). ONE (1) MEMBER
SHALL BE HEAD OF THE DEPARTMENT OF ENTOMOLOGY OF THE UNIVERSITY OF
GEORGIA (OR DESIGNEE) ... ONE (1) MEMBER ... THE DIRECTOR OF THE
DIVISION OF ENTOMOLOGY OF THE DEPARTMENT OF AGRICULTURE ... AND ...
THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH (OR DESIGNEE). EACH
MEMBER ... SHALL RECEIVE $20 PER DIEM (PLUS TRAVEL AND NECESSARY
EXPENSES) ... IN PERFORMANCE OF HIS DUTIES." "THE JOINT SECRETARY
OF THE STATE EXAMINING BOARD SHALL BE SECRETARY TO THIS COMMISSION."
lOd
1975
GEORGIA
-------
DEFINITIONS:
(LAW)
(REGULATION)
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. APPLICANT
2. BOND
3. BRANCH OFFICE
4. CERTIFIED OPERATOR
5. COMMISSION
6. COMMISSIONER
(OF AGRICULTURE)
7. EMPLOYEE
8. FUMIGANTS
9. INSECTICIDES
10. LICENSEE
11. REGISTERED EMPLOYEE
12. REPELLENTS
13. RODENTICIDES
14. STRUCTURAL PEST
CONTROL
1. ACT
2. APPLICANT
3. BOND
4. BUILDING STRUCTURE
5. CERTIFIED OPERATOR
6. CHEMICALS
7. COMMISSION
8. COMMISSIONER
9. DESIGNATED CERTIFIED OPERATOR
10. EMPLOYEES
11. ENFORCEMENT AGENCY
12. EXPERIENCE RELATING TO SERVICE
13. FUMIGANTS
14. FUMIGATION
15. FUMIGATION OPERATOR
16. HOUSEHOLD PEST CONTROL
17. INSECTICIDE
18. LICENSEE (BUSINESS ENTITY)
19. MINIMUM ADEQUATE TREATMENT
20. OFFICE
21. OPERATOR IN CHARGE
22. REGISTERED EMPLOYEES
23. REPELLENTS
24. RODENTICIDES
25. SECRETARY
26. SODIUM FLUORACETATE
27. SPOT FUMIGATION
28. STRUCTURAL PEST CONTROL
29. STRUCTURE
30. STRUCTURE OR ENCLOSED SPACE
31. SUB-OFFICE
32. TELEPHONE ANSWERING SERVICE
33. THALLIUM SULFATE
34. UNAUTHORIZED PERSONNEL
35. WOOD DESTROYING ORGANISMS CONTROL
NONE REQUIRED BY LAW. IF LICENSEE REPRESENTS BEING BONDED, THEN HE
MUST IN FACT CARRY PERFORMANCE BOND (GUARANTEE THE FULFILLMENT OF
THE AGREEMENT) FOR EACH JOB OR MASTER BOND IN THE AMOUNT OF 5% OF
PREVIOUS YEAR GROSS BUSINESS, NOT EXCEEDING $100,000.
NONE.
VIOLATION OF ACT CONSTITUTES A MISDEMEANOR SUBJECT TO PUNISHMENT AS
PROVIDED BY GEORGIA CODE. VIOLATION ALSO CONSTITUTES A PUBLIC NUI-
SANCE SUBJECT TO ABATEMENT BY INJUNCTION.
"GEORGIA PESTICIDE USE AND APPLICATION ACT"
(GA. CODE ANN., S 5-1501A TO 5-1523A, SUPP. 1975)
"GEORGIA ECONOMIC POISON ACT"
(GA. CODE ANN., S 5-1501 TO 5-1516, 1970)
1975
lOe
GEORGIA
-------
(HI-11-03-01)
HAWAII
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
PEST CONTROL OPERATORS (STRUCTURAL)*
(HAWAII REV. LAWS, S 460J-1 TO A60J-27, SUPP. 1974)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF PEST CONTROL OR FUMIGATION
UNLESS LICENSED BY THE PEST CONTROL BOARD.
FEDERAL PERSONNEL ON MILITARY RESERVATIONS; PERSONNEL OF STATE AND
FEDERAL DEPARTMENTS OF AGRICULTURE; DEPARTMENT OF LAND AND NATURAL
RESOURCES, AND THE UNITED STATES PUBLIC HEALTH SERVICE, QUALIFIED
SCIENTIFIC PERSONNEL EXEMPTED BY THE BOARD; AND PERSONS ENGAGED IN
AGRICULTURAL PEST CONTROL.
BRANCH 1 - FUMIGATION
BRANCH 2 - GENERAL PEST
BRANCH 3 - TERMITE
EIGHTEEN YEARS OF AGE OR OVER, GOOD REPUTATION, TRUTHFULNESS,
FINANCIAL INTEGRITY, AND FAIR DEALING.
ON FORMS PROVIDED BY BOARD, UNDER OATH, ACCOMPANIED BY SWORN AFFI-
DAVIT FROM TWO INDIVIDUALS CERTIFYING GOOD CHARACTER, AND AN APPLI-
CATION FEE OF $25.
WRITTEN, IN BOOKS SUPPLIED BY THE BOARD AND KEPT FOR ONE YEAR.
PASSING GRADE 70%.
APPLICATION (EACH BRANCH)
LICENSE
COMBINATION OF TWO OR MORE BRANCHES
RENEWAL
DELINQUENT RENEWAL (ADDITIONAL)
UPON ACHIEVING PASSING GRADE.
$ 25.00
25.00
25.00
25.00
10%
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
RENEWABLE ANNUALLY, BEFORE JUNE 30. DELINQUENT FEE BEYOND ONE YEAR
FORFEITS LICENSE.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
*PRIOR TO THE ENACTMENT OF THIS LAW IN 1972, TERMITE AND GENERAL PEST CONTROL OPERATORS WERE
LICENSED BY THE CONTRACTORS LICENSE BOARD. FUMIGATORS WERE LICENSED BY THE DEPARTMENT OF HEALTH.
THEY ARE NOW ALL UNDER THE JURISDICTION OF THE PEST CONTROL BOARD. UNDER PREVIOUS LAW, OPERATORS
DOING LESS THAN $100 OF WORK WERE EXEMPTED, BUT THIS EXEMPTION NO LONGER EXISTS.
lla
1975
HAWAII
-------
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
THE ACT PROVIDES (BROAD) AUTHORITY TO THE BOARD TO " ... MAKE, AMEND,
OR REPEAL ... REGULATIONS ... IT MAY DEEM NECESSARY TO EFFECTUATE
THIS CHAPTER AND CARRY OUT THE PURPOSE ... AND FORBID ACTS OR
PRACTICES ... DETRIMENTAL ..."
"THERE SHALL BE A PEST CONTROL BOARD OF SEVEN MEMBERS. FOUR MEMBERS
... APPOINTED BY THE GOVERNOR ... (HAVING) NOT LESS THAN FIVE YEARS
(EXPERIENCE AS LICENSED OPERATORS, PRECEDING APPOINTMENT) ... (AND)
THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE (OR DESIGNEE), THE
DIRECTOR OF THE DEPARTMENT OF HEALTH (OR DESIGNEE), AND THE CHAIRMAN
OF THE DEPARTMENT OF ENTOMOLOGY OF THE COLLEGE OF TROPICAL AGRICULTURE
OF THE UNIVERSITY OF HAWAII (OR DESIGNEE)."
"NO MEMBER OF THE BOARD SHALL RECEIVE COMPENSATION
BE REIMBURSED FOR (EXPENSES) ..."
BUT EACH SHALL
DEFINITIONS:
"THE BOARD IS PLACED WITHIN THE DEPARTMENT OF REGULATORY AGENCIES
(PROFESSIONAL AND VOCATIONAL LICENSING DIVISION) FOR ADMINISTRATIVE
PURPOSES."
"THE DEPARTMENT SHALL EMPLOY AN (FULL TIME) EXECUTIVE SECRETARY OF
THE BOARD."
(LAW)
1. BOARD
2. DIRECTOR
3. FUMIGATION
4. FUMIGATOR
5. HOUSEHOLD PESTS
6. PEST CONTROL
7. PEST CONTROL OPERATOR
1975
lib
HAWAII
-------
FINANCIAL GENERAL LIABILITY INSURANCE (NOT LESS THAN)
RESPONSIBILITY: ANY ONE CLAIM $ 20,000.00
AGGREGATE CLAIMS IN ONE YEAR 50,000.00
OR,
PROOF OF FINANCIAL RESPONSIBILITY EQUIVALENT TO LIABILITY INSURANCE.
NO REQUIREMENT FOR VAULT FUMIGATION.
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF ACT SUBJECT TO A FINE OF NOT LESS THAN $500 OR IMPRISON-
MENT FOR NOT MORE THAN SIX MONTHS, OR BOTH FINE AND IMPRISONMENT.
STATUTE OF LIMITATIONS — TWO YEARS.
RELEVANT LAWS: "HAWAII PESTICIDES LAW"
(HAWAII REV. LAWS, S 149A-1 TO 149A-53, SUPP. 1974)
1975 HAWAII
-------
(HI-11-04-01)
HAWAII
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"HAWAII PESTICIDES LAW"*
(HAWAII REV. LAWS, S 149A-1 TO 149A-53, SUPP. 1974)
UNLAWFUL TO:
"(1) APPLY ANY PESTICIDE IN EXCESS OF DOSAGE OR INCONSISTENT
WITH ... ITS LABEL
"(2) APPLY ANY PESTICIDE ON ANY AGRICULTURAL CROP, LIVESTOCK, OR
RESIDENTIAL, RECREATIONAL, WATERSHED, OR ANY OTHER AREA THAT
IS PROHIBITED OR NOT SPECIFIED FOR SUCH USE ON ITS LABEL ....
"(3) USE, STORE, TRANSPORT, OR DISCARD ANY PESTICIDE OR THE CON-
TAINERS ... IN ANY MANNER WHICH WOULD HAVE SUBSTANTIAL ADVERSE
EFFECT ON THE ENVIRONMENT;
"(4) USE OR APPLY RESTRICTED PESTICIDES UNLESS ... (BY) A CERTIFIED
PESTICIDE APPLICATOR ... OR
"(5) USE OR APPLY PESTICIDES IN ANY MANNER THAT HAS BEEN BANNED
"(6) APPLY RESTRICTED USE PESTICIDES BY AIRCRAFT WITHOUT A SPECIAL
PERMIT"
"... MAY BE GRANTED BY THE CHAIRMAN TO THE UNIVERSITY OF HAWAII AND
OTHER STATE AND FEDERAL AGENCIES FOR (CERTAIN) EXPERIMENTAL OR
RESEARCH WORK ... AND EXPERIMENTAL WORK CONDUCTED BY PRIVATE AGENCIES
WITH ADEQUATE RESEARCH FACILITIES ... MUST BE IN WRITING STATING THE
SPECIFIC EXEMPTIONS AND CONDITIONS."
1. AGRICULTURAL PEST CONTROL
ANIMALS
2. AGRICULTURAL PEST CONTROL
PLANTS
3. AQUATIC PEST CONTROL
4. DEMONSTRATION PEST CONTROL
5. FOREST PEST CONTROL-
SEED TREATMENT
6. INDUSTRIAL, INSTITUTIONAL,
STRUCTURAL AND PUBLIC HEALTH
RELATED PEST CONTROL
7. ORNAMENTAL AND TURF
PEST CONTROL
8. PUBLIC HEALTH PEST CONTROL
9. REGULATORY PEST CONTROL
10. RIGHT-OF-WAY PEST CONTROL
"THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ... EFFECTUATE THE
PURPOSE OF THIS PART BY RULES AND REGULATIONS, INCLUDING ...
PROCEDURES, CONDITIONS, AND STANDARDS TO CERTIFY (APPLICATORS)
ON FORMS PROVIDED BY THE DIVISION OF PLANT INDUSTRY.
WRITTEN AND DEMONSTRATION. PRIVATE APPLICATORS MAY COMPLETE
APPROVED TRAINING COURSE.
NONE.
CERTIFICATION REMAINS VALID FOR THREE YEARS.
NO PROVISION FOR RECIPROCITY.
*PORTIONS OF THIS LAW RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
1975 lid HAWAII
-------
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
ENFORCE THE ACT
YES
REQUIRE PURCHASE PERMITS
NO
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE SHALL BE AN ADVISORY COMMITTEE ON PESTICIDES COMPOSED OF BUT
NOT LIMITED TO THE CHAIRMAN, OR HIS DESIGNATED REPRESENTATIVE, WHO
SHALL HEAD THE COMMITTEE AND ONE REPRESENTATIVE EACH FROM THE DE-
PARTMENT OF HEALTH, DEPARTMENT OF LAND AND NATURAL RESOURCES,
UNIVERSITY OF HAWAII AGRICULTURAL EXPERIMENT STATION, UNIVERSITY OF
HAWAII COOPERATIVE EXTENSION SERVICE, STATE ENVIRONMENTAL ORGANI-
ZATION, SUGAR INDUSTRY, PINEAPPLE INDUSTRY, LIVESTOCK INDUSTRY,
HAWAII FARM BUREAU FEDERATION, DIVERSIFIED CROP INDUSTRY, PESTICIDE
INDUSTRY, STRUCTURAL PEST CONTROL INDUSTRY AND THREE AT-LARGE MEM-
BERS ... APPOINTED BY THE GOVERNOR FROM A LIST OF PERSONS RECOMMENDED
BY THE RESPECTIVE AGENCIES AND INDUSTRIES. THE COMMITTEE SHALL AD-
VISE AND ASSIST THE DEPARTMENT IN DEVELOPING OR REVISING LAWS AND
REGULATIONS TO CARRY OUT AND EFFECTUATE THE PURPOSES OF THIS CHAPTER
AND IN ADVISING THE DEPARTMENT IN PESTICIDE PROBLEMS."
1975
lie
HAWAII
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. ACTIVE INGREDIENT
2. ADULTERATED
3. ANIMAL
4. BOARD
5. CERTIFIED PESTICIDE
APPLICATOR
6. CHAIRMAN
7. COMMERCIAL PESTICIDE
APPLICATOR
8. DEFOLIANT
9. DEPARTMENT
10. DESICCANT
11. DEVICE
12. ENVIRONMENT
13. FUNGI
14. GENERAL USE PESTICIDES
15. IMMINENT HAZARD
16. INERT INGREDIENT
17. INGREDIENT STATEMENT
18. INSECT
NOT SPECIFIED IN ACT.
19. LABEL
20. LABELING
21. LICENSE
22. LICENSEE
23. MISBRANDED
24. NEMATODE
25. PERSON
26. PEST
27. PESTICIDE
28. PLANT REGULATOR
29. PRIVATE PESTICIDE APPLICATOR
30. PRODUCER (PRODUCE)
31. PROTECT HEALTH AND
THE ENVIRONMENT
32. RESTRICTED PESTICIDE
33. REGISTRANT
34. SELL OR DISTRIBUTE
35. UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
36. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
37. WEED
NONE.
"(A) ANY PERSON WHO VIOLATES THIS CHAPTER OR ANY ... REGULATION MAY
UPON THE FIRST VIOLATION BE ISSUED A WRITTEN WARNING NOTICE
CITING THE SPECIFIC VIOLATION AND NECESSARY CORRECTIVE ACTION.
"(B) (VIOLATION) ... AFTER RECEIPT OF A NOTICE ... SHALL BE PUNISHED
BY A FINE OF NOT MORE THAN $1,000."
FOOD, DRUG DEVICES, AND COSMETICS
(HAWAII REV. LAWS, S 328-1 TO 328-89, 1955)
INCLUDES "TOLERANCES FOR PESTICIDE CHEMICALS IN OR ON RAW AGRI-
CULTURAL COMMODITIES."
OFFICE OF ENVIRONMENTAL QUALITY CONTROL
(HAWAII REV. LAWS, S 341-1 TO 341-6, SUPP. 1972)
FUMIGATION
(HAWAII REV. LAWS, S 450-1 TO 450-12, 1955)
HEALTH LAWS
(HAWAII REV. LAWS, CH. 321, 322, 330, 1955)
PEST CONTROL OPERATORS (STRUCTURAL)
(HAWAII REV. LAWS, S 460J-1 TO 460J-27, SUPP. 1974)
1975
llf
HAWAII
-------
(ID-12-02-01)
IDAHO
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
"PESTICIDE USE AND APPLICATION LAW"
(IDAHO CODE, S 22-2208 TO 22-2223, SUPP. 1973)
UNLAWFUL TO ENGAGE IN THE CUSTOM APPLICATION OF PESTICIDES UNLESS
LICENSED BY THE COMMISSIONER OF AGRICULTURE.
FARMERS, GOVERNMENT RESEARCH PERSONNEL APPLYING PESTICIDES TO
EXPERIMENTAL PLOTS, AND PERSONS USING PESTICIDES ON LAWNS AND
ORNAMENTAL PLANTS INCIDENTAL TO PLANT CARE. HOWEVER THE COMMISSIONER
MAY REQUIRE PERMITS FOR EACH APPLICATION OF A RESTRICTED USE PESTICIDE.
1. AERIAL APPLICATORS 6. ORNAMENTAL PESTICIDE APPLICATORS
2. AGRICULTURAL PESTICIDE 7. PEST CONTROL OPERATORS
APPLICATORS 8. RIGHT-OF-WAY PESTICIDE APPLICATORS
3. GROUND APPLICATORS 9. STRUCTURAL AND URBAN PEST CONTROL
A. HERBICIDES
5. INSECTICIDES, FUNGICIDES,
AND NEMATOCIDES
COMMISSIONER MUST FIND APPLICANT QUALIFIED. MINIMUM AGE - 18.
MUST CONTAIN CERTAIN REQUIRED INFORMATION.
KIND NOT SPECIFIED IN ACT; WRITTEN EXAMINATION REQUIRED BY REGU-
LATIONS. COMMISSIONER MAY REQUIRE ANY LICENSEE TO BE RETESTED.
COMMERCIAL APPLICATOR
PESTICIDE OPERATOR
PUBLIC OPERATORS
REEXAMINATION
GROUND OR AERIAL APPARUTUS (EACH UNIT)
$ 10.00
NO FEE
NO FEE
5.00
10.00
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
1975
LICENSES EXPIRE DECEMBER 31 EACH YEAR, RENEWABLE ANNUALLY.
LICENSES MAY RESTRICT APPLICANT TO THE USE OF CERTAIN TYPE OR TYPES
OF EQUIPMENT, APPARATUS, OR MATERIALS AND MAY BE REVOKED OR MODIFIED.
APPLICATION FOR RENEWAL AFTER JANUARY 1 MUST BE ACCOMPANIED EY
AFFIDAVIT THAT NO WORK WAS PERFORMED WHILE UNLICENSED.
PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
12a
IDAHO
-------
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS YES
PESTICIDE BOARD: NONE.
DEFINITIONS:
1. AIRCRAFT
2. APPARATUS
3. COMMISSIONER
4. CUSTOM APPLICATION
OF PESTICIDES
5. DEFOLIANT
6. DESICCANT
7. FUNGI
8. FUNGICIDE
9. GROUND EQUIPMENT
10. HERBICIDE
11. INSECT
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
12. INSECTICIDE
13. PERSON
14. PEST
15. PESTICIDE
16. PESTICIDE APPLICATOR
17. PESTICIDE DEALER
(SEE "PESTICIDE LAW")
18. PESTICIDE OPERATOR
19. PLANT REGULATOR
20. PUBLIC HEARING
21. RESTRICTED USE PESTICIDE
22. WEED
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
COMMISSIONER SHALL REQUIRE A REASONABLE BOND OR INSURANCE POLICY
OF EACH APPLICATOR. REGULATIONS REQUIRE MINIMUM $20,000 PERSONAL
INJURY AND $40,000 PROPERTY DAMAGE FOR AERIAL APPLICATORS AND
$5,000/5,000 FOR GROUND APPLICATORS. CASH DEPOSIT IN ESCROW MAY
BE ACCEPTED IN LIEU OF BOND OR INSURANCE.
ANY PERSON OPERATING AS A COMMERCIAL PESTICIDE APPLICATOR OR OPERA-
TOR WITHOUT A LICENSE SHALL FORFEIT TO THE STATE FOR EACH DAY OF
SUCH UNLICENSED OPERATION FIFTY DOLLARS ($50) AS A CIVIL PENALTY.
VIOLATION OF THE ACT OR ANY REGULATION SHALL UPON THE FIRST CON-
VICTION CONSTITUTE A PETTY MISDEMEANOR AND UPON ANY SUBSEQUENT
CONVICTION CONSTITUTE A MISDEMEANOR. THE COMMISSIONER IS NOT RE-
QUIRED TO REPORT FOR PROSECUTION MINOR VIOLATIONS WHEN HE BELIEVES
THAT THE PUBLIC INTERESTS WILL BE BEST SERVED BY SUITABLE WARNING
OR OTHER ADMINISTRATIVE ACTION.
1975
12b
IDAHO
-------
RELEVANT LAWS: "PESTICIDE LAW" (REGISTRATION LAW)
(IDAHO CODE, S 22-3401 TO 22-3416, SUPP. 1973)
(FORMERLY KNOWN AS THE "ECONOMIC POISON ACT OF 1963")
"IDAHO FOOD, DRUG, AND COSMETIC ACT" (1959)
(IDAHO CODE, S 37-113 TO 37-134, 1968)
PROCEDURES FOR ESTABLISHING RESTRICTED AREA
(IDAHO CODE, 22-2225)
SEE 25-2621 "AGRICULTURAL PEST CONTROL DISTRICTS"
PROPOSAL: THE COMMISSIONER, UPON HIS OWN INITIATIVE OR UPON
PETITION OF A NUMBER OF OWNERS, MAY ISSUE A PROPOSAL FOR THE
ESTABLISHMENT OF A DESIGNATED RESTRICTED AREA. A NOTICE AND
HEARING SHALL THEN BE HELD, AFTER WHICH THE COMMISSIONER SHALL
DECIDE WHETHER OR NOT TO ESTABLISH A RESTRICTED AREA.
REFERENDUM: THE COMMISSIONER SHALL CONDUCT A REFERENDUM ON THE
MATTER IF PETITIONED BY 25 LANDOWNERS OF IF HE IS UNABLE TO
DETERMINE THE NEED FOR A RESTRICTED AREA AFTER PUBLIC HEARINGS.
ESTABLISHMENT: A FAVORABLE DECISION OF THE COMMISSIONER AFTER
PUBLIC HEARINGS OR A 2/3 AFFIRMATIVE VOTE OF PERSONS IN THE PRO-
POSED AREA SHALL CONSTITUTE AUTHORITY TO ESTABLISH THE AREA AND TO
ISSUE REGULATIONS.
REGULATIONS: THE COMMISSIONER MAY PRESCRIBE THE TIME AND CONDITIONS
UNDER WHICH PESTICIDES MAY BE USED IN RESTRICTED AREAS AND MAY RE-
STRICT, PROHIBIT, OR REQUIRE SPECIAL PERMIT TO USE PESTICIDES.
12c
1975 IDAHO
-------
(IL-13-02-01)
ILLINOIS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
CUSTOM APPLICATION OF PESTICIDES
(ILL. ANN. STAT., CH. 5, S 87(D)(1) TO 87(D)(17), SUPP. 1975-1976)
UNLAWFUL TO ENGAGE IN CUSTOM APPLICATION OF PESTICIDES UNLESS
LICENSED BY THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE.
STRUCTURAL PEST CONTROL OPERATORS, FUMIGATORS, GOVERNMENTAL BODIES,
TREE EXPERTS, FARMERS, CANNING ESTABLISHMENTS, VETERINARIANS IN
PRACTICE, FARMER OR GROWER APPLYING PESTICIDES TO NOT MORE THAN
TWO NEIGHBORS' LAND EACH YEAR AND GENERAL PEST CONTROL OPERATORS
(NUISANCE PESTS OR DISEASE VECTORS).
1. PESTICIDE APPLICATOR
2. PESTICIDE OPERATOR
3. PUBLIC APPLICATOR
4. PUBLIC OPERATOR
MUST POSSESS "ADEQUATE KNOWLEDGE" CONCERNING PROPER USE AND APPLI-
CATION OF PESTICIDES.
MUST CONTAIN INFORMATION REGARDING APPLICANTS' QUALIFICATIONS AND
PROPOSED OPERATIONS AND OTHER INFORMATION DEEMED NECESSARY BY THE
DIRECTOR.
APPLICANT REQUIRED TO "PASS THE EXAMINATION."
PESTICIDE APPLICATOR
PESTICIDE OPERATOR
$ 10.00
10.00
IF FOUND QUALIFIED, APPLICANT SHALL BE ISSUED LICENSE VALID FOR
ONE YEAR FROM DATE OF ISSUE. DIRECTOR MAY RESTRICT LICENSEE TO
THE USE OF CERTAIN TYPES OF MATERIAL OR EQUIPMENT. DIRECTOR MAY
REVOKE LICENSE FOR LISTED STATUTORY REASONS, BUT MUST PROVIDE
ADMINISTRATIVE HEARINGS AND APPEAL PROCEDURES.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
RENEWABLE WITHOUT EXAMINATION IF FEE PAID AND VALID BOND IN EFFECT.
PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
13a
1975
ILLINOIS
-------
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
YES
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
INTERAGENCY COMMITTEE ON PESTICIDES
(ILL. ANN. STAT., CH. 5, S 271 TO 276, 1966)
"AN ACT TO CREATE AN INTERAGENCY COMMITTEE ON PESTICIDES TO STUDY,
ADVISE AND RECOMMEND ANY NEEDED LEGISLATION CONCERNING PESTICIDES,
AND TO APPROVE ALL PROPOSED RULES AND REGULATIONS PERTAINING TO
THE LABELING, SALE, USE OR APPLICATION OF PESTICIDES." THE ACT
CREATES A 7-MAN COMMITTEE REPRESENTING DEPARTMENTS OF AGRICULTURE,
CONSERVATION, PUBLIC HEALTH, PUBLIC WORKS AND BUILDINGS, NATURAL
HISTORY SURVEY, COLLEGE OF AGRICULTURE, AND ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY WHOSE DUTIES ARE TO: (1) REVIEW THE SALE AND
USE OF PESTICIDES, (2) REVIEW GOVERNMENTAL SPONSORED OR DIRECTED
PESTICIDE PROGRAMS, (3) CONSIDER HAZARDS OF PESTICIDE USE, (4) RE-
COMMEND PESTICIDE LEGISLATION, (5) OBTAIN THE VIEWS OF INTERESTED
PARTIES, (6) ADVISE AND APPROVE ALL PROGRAMS (EXCEPT RESEARCH)
INVOLVING PESTICIDES ON STATE PROPERTY, AND (7) MEET QUARTERLY OR
AT THE CALL OF THE CHAIRMAN OR ANY MEMBER AND REPORT ANNUALLY TO
THE GOVERNOR. "ALL PROPOSED RULES AND REGULATIONS PERTAINING TO
THE REGULATION OR PROHIBITIONS OF THE SALE, USE OR APPLICATION OF
PESTICIDES AND LABELING OF PESTICIDES SHALL BE SUBMITTED TO AND
APPROVED BY THE COMMITTEE BEFORE THEY ARE PROMULGATED AND MADE
EFFECTIVE." THE LAW ESTABLISHING THIS COMMITTEE WAS AMENDED IN
1973 TO GRANT ADDITIONAL AUTHORITIES, PARTICULARLY IN AREAS
RELATING TO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES.
DEFINITIONS:
1. AIRCRAFT
2. CUSTOM APPLICATION OF
PESTICIDES
3. DIRECTOR
4. FUNGICIDE
5. FUNGUS
6. GROUND EQUIPMENT
7. HERBICIDE
8. INSECT
9. INSECTICIDE
10. NEMATOCIDE
11. NEMATODE
12. PERSON
13. PESTICIDE APPLICATOR
14. PESTICIDE OPERATOR
15. PESTICIDES
16. PUBLIC APPLICATION OF
PESTICIDES
17. PUBLIC APPLICATOR
18. PUBLIC OPERATOR
19. STRUCTURE
20. WEED
13b
1975
ILLINOIS
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"REASONABLE PERFORMANCE BOND" REQUIRED, OR A DEPOSIT OF CASH OR
COLLATERAL IN LIEU OF BOND.
NONE.
VIOLATION OF THE ACT IS A MISDEMEANOR SUBJECT TO A FINE OF NOT
MORE THAN $200 FOR THE FIRST OFFENSE, AND NOT MORE THAN $400 FOR
EACH SUBSEQUENT OFFENSE.
USE AND APPLICATION OF 2,4-D AND RELATED HERBICIDES
(ILL. ANN. STAT., CH. 5, S 87(A)(1) TO 87(A)(8), 1966)
PROVIDES THAT COUNTY BOARDS, OR 10 OR MORE COMMERCIAL FRUIT OR
VEGETABLE PRODUCERS, MAY PETITION THE DIRECTOR OF AGRICULTURE,
WHO MAY, UPON THE FINDING OF CERTAIN FACTS, RESTRICT OR PROHIBIT
THE USE OF HORMONE-TYPE HERBICIDES IN THE AREA SET OUT IN THE
PETITION.
"ECONOMIC POISON LAW" (REGISTRATION LAW)
(ILL. ANN. STAT., CH. 5 S 87(C)(1) TO 87(C)(13), SUPP. 1975-1976)
REQUIRES THE REGISTRATION AND LABELING OF ECONOMIC POISONS.
"PESTICIDES CONTROL LAW"
(ILL. ANN. STAT., CH. 5, S 256 TO 267, 1969)
THIS ACT AUTHORIZES THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE
OR THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH TO ISSUE REGU-
LATIONS RELATING TO LABELING, SALE, USE OR APPLICATION OF PESTI-
CIDES, AND WHEN APPROVED BY THE INTERAGENCY COMMITTEE ON PESTI-
CIDES, TO RESTRICT OR PROHIBIT THE USE AND APPLICATION OF A
PESTICIDE. THE PROVISIONS OF THIS LAW APPLY (ALSO) TO CUSTOM
SPRAY APPLICATORS AND PEST CONTROL OPERATORS.
"ILLINOIS FOOD, DRUG AND COSMETIC ACT"
(ILL. ANN. STAT., CH. 56 1/2, S 501 TO 526, 1967)
SEE SEC. 513 FOR "TOLERANCES."
TREE EXPERTS
(ILL. ANN. STAT., CH. 5, S 163 TO 187, 1966)
THE ACT REQUIRES EXAMINATION, LICENSING AND REGULATION OF PERSONS
WHO DIAGNOSE, RECOMMEND TREATMENT, OR PROVIDE CARE FOR ORNAMENTAL
OR SHADE TREES.
"PEST CONTROL COMPACT"
(ILL. ANN. STAT., CH. 5, S 281 TO 286, 1966)
AN ACT TO PROVIDE FINANCIAL ASSISTANCE FOR TIMELY AND COORDINATED
EFFORT OF NEIGHBORHOOD STATES IN CONDUCTING EFFECTIVE PEST CONTROL
ACTIVITIES WHEN THE STATE IS THREATENED BY PEST OUTBREAKS (FROM
WITHIN OR WITHOUT) OF MORE THAN LOCAL CONCERN. PROVIDES FOR AN
"INSURANCE FUND" WITH CONTRIBUTIONS FROM MEMBERS OF THE COMPACT,
FROM WHICH FUNDS CAN BE WITHDRAWN FOR FINANCIAL SUPPORT OF PEST
CONTROL OR ERADICATION ACTIVITIES. PROVIDES FOR A GOVERNING BODY
AND A FORMULA BY STATES FOR CONTRIBUTION TO THE INSURANCE FUND.
LAW BECOMES OPERATIVE WHEN ENACTED BY 5 OR MORE STATES.
"THE INSECT PEST AND PLANT DISEASE ACT"
(ILL. ANN. STAT., CH. 5, S 61 TO 67A.02, 1966)
13c
1975
ILLINOIS
-------
PRIMARILY A NURSERY INSPECTION AND PEST QUARANTINE ACT. AMEND-
MENTS OF 1969 AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO PROHIBIT
IN QUARANTINED AREAS FARM PRACTICES FAVORABLE TO THE DEVELOPMENT
OF PESTS, AND TO REQUIRE CERTAIN CROP DISPOSAL PRACTICES OR CROP
TREATMENTS TO CONTROL OR ERADICATE PESTS.
"UNIFORM HAZARDOUS SUBSTANCES ACT OF ILLINOIS"
(ILL. ANN. STAT., CH. Ill 1/2, S 251 TO 266(A), 1959)
RELATES TO "HOUSEHOLD TYPE" CHEMICALS AND EXEMPTS ECONOMIC POISONS
REGISTERED UNDER THE USDA FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT. (HISTORICAL NOTE - AN ACT TO REGULATE THE SALE
OF PARIS GREEN WAS APPROVED APRIL 22, 1907, AND REPEALED IN 1967.)
"ENVIRONMENTAL PROTECTION ACT"
(ILL. ANN. STAT., CH. Ill 1/2, S 1001 TO 1051, 1966)
13d
1975 ILLINOIS
-------
ILLINOIS
(IL-13-03-01)
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"STRUCTURAL PEST CONTROL ACT"
SESSION LAWS 1975, P. 717; PUBLIC ACT 79-578
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL UNLESS
LICENSED BY THE DEPARTMENT OF HEALTH, OR TO OPERATE A BUSINESS WITH-
OUT A CERTIFIED TECHNICIAN EMPLOYED AS A SUPERVISOR.
OWNERS ON THEIR OWN PROPERTY (BUT NOT FUMIGATION), GREENHOUSES,
NURSERIES, FIELD CROPS, TREE WORK, ORCHARDS, AND WOOD PRESERVATIVE
TREATMENT. OWNERS OF AGRICULTURAL CROPS IN STORAGE OR TRANSIT, IN-
CLUDING FUMIGATION. TELEPHONE ANSWERING SERVICE IS NOT A "BUSINESS
LOCATION."
CERTIFIED TECHNICIAN.
TWENTY-ONE YEARS OF AGE; ONE YEAR OF EXPERIENCE UNDER A CERTIFIED
TECHNICIAN, OR COLLEGE DEGREE WITH 12 SEMESTER HOURS IN ENTOMOLOGY
OR RELATED FIELDS, AND 6 MONTHS EXPERIENCE, OR SUCCESSFUL COMPLETION
OF PERDUE UNIVERSITY PEST CONTROL CORRESPONDENCE COURSE AND 6 MONTHS
EXPERIENCE.
ON FORMS PROVIDED BY THE DEPARTMENT.
WRITTEN, GIVEN FOUR TIMES EACH YEAR. MAY INCLUDE PRACTICAL
DEMONSTRATION.
APPLICATION FOR EXAMINATION
ORIGINAL LICENSE AND EACH RENEWAL
ORIGINAL CERTIFICATE AND EACH RENEWAL
REPLACEMENT LICENSE (CHANGE OF LOCATION)
STATE OR STATE AGENCY
(FEES NOT REFUNDABLE)
$ 25.00
50.00
25.00
5.00
NONE
UPON BEING FOUND QUALIFIED. LICENSES VALID FOR ONE YEAR. CERTIFI-
CATES VALID FOR THREE YEARS.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY NO
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
MUST BE RENEWED PRIOR TO JANUARY 1 OF APPROPRIATE YEAR.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
13e
1975
ILLINOIS
-------
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
POST TREATED AREAS
YES
NO
NO
YES
NO
YES
YES
YES
NO
YES
NO
NO
NO
PESTICIDE BOARD:
YES (STRUCTURAL PEST CONTROL ADVISORY COUNCIL).
"THE DIRECTOR SHALL APPOINT A STRUCTURAL PEST CONTROL ADVISORY COUNCIL
CONSISTING OF FIVE MEMBERS TO CONSULT WITH AND ADVISE THE DEPARTMENT.
ONE MEMBER SHALL BE ENGAGED IN TEACHING OR RESEARCH IN ENTOMOLOGY,
BIOLOGY OR ZOOLOGY RELATED TO STRUCTURAL PEST CONTROL, ONE MEMBER
SHALL BE EMPLOYED IN A LOCAL HEALTH DEPARTMENT, AND THREE MEMBERS
WHO ARE ENGAGED IN STRUCTURAL PEST CONTROL AND WHO ARE CERTIFIED
TECHNICIANS UNDER THIS ACT. ALL MEMBERS SHALL BE RESIDENTS OF THE
STATE. THE TERM OF OFFICE ... SHALL BE FOR THREE YEARS (EXCEPT
INITIAL APPOINTMENTS.) NO TWO INDUSTRY MEMBERS SHALL BE FROM THE
SAME COMPANY, NOR MAY ANY PEST CONTROL COMPANY HAVE ANY REPRESENTA-
TIVES ON THE COUNCIL FOR MORE THAN TWO CONSECUTIVE TERMS.
... ONE CERTIFIED TECHNICIAN SHALL BE ... (FROM) COOK COUNTY ...
ONE .,. NORTH OF LATITUTE 40 OUTSIDE COOK COUNTY ... AND ONE ...
(FROM) SOUTH OF LATITUDE 40 .... THE DIRECTOR MAY CONSIDER CERTI-
FIED TECHNICIANS NOMINATED BY THE ILLINOIS PEST CONTROL ASSOCIATION.
... THE COUNCIL SHALL CONSULT WITH AND ADVISE THE DEPARTMENT IN:
(A) THE PREPARATION OF REASONABLE RULES ...
(B) THE PREPARATION OF WRITTEN EXAMINATIONS ...
THE COUNCIL MAY REVIEW THE RESULTS OF AN UNSUCCESSFUL EXAMINATION ...
BY A WRITTEN REQUEST TO THE DIRECTOR SIGNED BY THREE OR MORE MEMBERS
OF THE COUNCIL, AND ... REPORT ... TO THE DIRECTOR."
DEFINITIONS:
1. BUSINESS LOCATION
2. CERTIFIED TECHNICIAN
3. COUNCIL
4. DEPARTMENT
5. DIRECTOR
6. LICENSEE
7. PERSON
8. PESTS
9. STRUCTURAL PEST CONTROL
10. STRUCTURE
13f
1975
ILLINOIS
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
CERTIFICATE OF INSURANCE:
PUBLIC LIABILITY FOR PERSONAL INJURY,
ONE PERSON, NOT LESS THAN $ 250,000.00
ONE OCCURRENCE, NOT LESS THAN 500,000.00
PROPERTY DAMAGE, NOT LESS THAN 200,000.00
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A CLASS A MISDEMEANOR
SUBJECT TO A FINE OF NOT LESS THAN $100.
ECONOMIC POISON LAW (REGISTRATION LAW)
(ILL. ANN. STAT. CH. 5, S 87(C) 1 TO 87(C) 13, SUPP. 1975-1976)
CUSTOM APPLICATION OF PESTICIDES
(ILL. ANN. STAT. CH. 5, S 87(D) 1 TO 87(D) 17, SUPP. 1975-1976)
1975
ILLINOIS
-------
(IN-14-02-01)
INDIANA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
INDIANA PESTICIDE USE AND APPLICATION LAW
(BURNS IND. STAT. ANN. CODE EDITION 15-3-3.6-1 TO 15-3-3.6-26, 19XX)
UNLAWFUL TO USE OR SUPERVISE THE USE OF A RESTRICTED PESTICIDE
UNLESS CERTIFIED BY THE STATE CHEMIST; OR TO SELL RESTRICTED PESTI-
CIDES UNLESS REGISTERED WITH THE STATE CHEMIST.
NONE. PRIVATE APPLICATORS MUST BE CERTIFIED BUT ARE NOT REQUIRED
TO BE LICENSED. THEY MUST HOWEVER HAVE A PERMIT AUTHORIZING THE
PURCHASE, POSSESSION, OR USE OF A RESTRICTED PESTICIDE.
TO BE ESTABLISHED BY REGULATIONS.
THE STATE CHEMIST SHALL ESTABLISH STANDARDS FOR CERTIFICATION OF
APPLICATORS OF PESTICIDES.
IN WRITING ON FORMS PROVIDED BY THE STATE CHEMIST.
MUST PASS AN EXAMINATION TO DEMONSTRATE KNOWLEDGE OF THE USE AND
APPLICATION OF PESTICIDES AND THE NATURE AND EFFECT OF PESTICIDES
PROPOSED TO BE USED.
PESTICIDE OPERATOR LICENSE (BUSINESS)
LICENSED APPLICATOR
PRIVATE APPLICATOR
PUBLIC APPLICATOR
$ 50.00
25.00
5.00
NONE
UPON BEING FOUND QUALIFIED, MEETING REQUIREMENTS OF RELEVANT LAWS,
AND PROVIDING EVIDENCE OF FINANCIAL RESPONSIBILITY. EXPIRE MARCH 31.
DEALER REGISTRATION EXPIRE DECEMBER 31.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
UPON APPLICATION, BEFORE APRIL 1. LATE PENALTY 25%.
PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
1975
lAa
INDIANA
-------
REQUIRE USE PERMITS
DECLARE RESTRICTED
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
YES
YES
YES
YES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
YES
YES
YES
YES
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
FURNISH COPIES OF RECORDS NO
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
SUBMIT AND MAINTAIN
STATE PLANS
YES
RECOGNIZE AND
ACCEPT GAP
NO
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
YES
POST TREATED AREAS
NO
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
SEE "PESTICIDE BOARD" UNDER DIGEST FOR INDIANA PESTICIDES LAW (BURNS
INC. STAT. ANN. CODE EDITION 15-3-3.5-1 TO 15-3-3.5-36, 1974)
1. AGRICULTURAL COMMODITY
2. ANIMAL
3. BENEFICIAL INSECT
4. BOARD
5. CERTIFICATE OF FINANCIAL
RESPONSIBILITY
6. CERTIFIED APPLICATOR
7. COMMERCIAL APPLICATOR
8. DEFOLIANT
9. DESICCANT
10. DEVICE
11. DISTRIBUTE
12. ENVIRONMENT
13. EQUIPMENT
14. FUNGUS
15. INSECT
16. LICENSED APPLICATOR
TO BE ESTABLISHED BY REGULATIONS.
NONE.
VIOLATION OF ACT, OR INTERFERENCE WITH STATE CHEMIST DUTIES, SUB-
JECT TO A FINE OF NOT MORE THAN $1,000 FOR FIRST OFFENSE, AND NOT
MORE THAN $5,000 FOR EACH SUBSEQUENT OFFENSE.
PESTICIDES (REGISTRATION LAW)
(BURNS IND. STAT. ANN. CODE EDITION 15-3-3.5-1 TO 15-3-3.5-36, 1974)
17. LICENSED PESTICIDE OPERATOR
18. LICENSED PUBLIC APPLICATOR
19. NEMATODE
20. PERMIT
21. PERSON
22. PEST
23. PESTICIDE
24. PLANT REGULATOR
25. PRIVATE APPLICATOR
26. PROPERTY
27. RESTRICTED PESTICIDE DEALER
28. RESTRICTED PESTICIDE USE
29. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
30. WEED
31. WILDLIFE
1975
14b
INDIANA
-------
(IN-14-04-01)
INDIANA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
PESTICIDES*
(BURNS IND. STAT. ANN., CODE EDITION 15-3-3.5-1, SUPP. 1974)
UNLAWFUL ...
1. TO USE "RESTRICTED USE PESTICIDES" OR "PESTICIDES FOR USE BY
PRESCRIPTION ONLY," CONTRARY TO REGULATIONS ISSUED BY THE INDIANA
PESTICIDE REVIEW BOARD;
2. TO USE HIGHLY VOLATILE HERBICIDES WITHOUT A PERMIT FROM THE
STATE CHEMIST.
QUALIFIED INVESTIGATORS APPROVED BY THE INDIANA PESTICIDE REVIEW
BOARD, RESEARCH PERSONNEL OF THE U. S. DEPARTMENTS OF AGRICULTURE
AND INTERIOR, PURDUE UNIVERSITY AGRICULTURAL EXPERIMENT STATION
AND LICENSED PROFESSIONAL VETERINARIANS.
LICENSING OF COMMERCIAL APPLICATORS NOT PROVIDED FOR IN THE ACT;
PERMITS REQUIRED BY USERS. IMPLIED AUTHORITY TO EXAMINE APPLI-
CANTS FOR "USE PERMITS"
NO CATEGORIES ESTABLISHED.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY NO
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
*THIS IS A COMBINED REGISTRATION AND USE AND APPLICATION LAW. ONLY THOSE SECTIONS RELATING TO
USE AND APPLICATION ARE INCLUDED IN THIS DIGEST,
1975
14c
INDIANA
-------
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
YES
ESTABLISH CERTIFICATION NO
STANDARDS
CERTIFY COMMERCIAL NO
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"(PESTICIDE REVIEW BOARD) THERE IS CREATED THE INDIANA PESTICIDE
REVIEW BOARD, HEREINAFTER REFERRED TO AS THE BOARD, AND CONSISTING
OF ONE (1) REPRESENTATIVE OF THE STATE BOARD OF HEALTH; THE STATE
TOXICOLOGIST; THE STATE VETERINARIAN; ONE (1) REPRESENTATIVE OF THE
DEPARTMENT OF NATURAL RESOURCES; ONE REPRESENTATIVE OF THE PURDUE
UNIVERSITY AGRICULTURAL EXPERIMENT STATION; ONE (1) REPRESENTATIVE OF
THE INDIANA COOPERATIVE EXTENSION SERVICE; TWO ECOLOGISTS WITH EARNED
DOCTORATE DEGREES, ONE (1) A TERRESTRIAL ECOLOGIST AND ONE (1) AN
AQUATIC ECOLOGIST, NO MORE THAN ONE (1) OF WHOM MAY BE FROM A STATE
SUPPORTED UNIVERSITY OR COLLEGE AND NO MORE THAN ONE (1) OF WHOM MAY
BE A PLANT ECOLOGIST AND ONE (1) PUBLIC REPRESENTATIVE EACH WITH FULL
VOTING POWER; ONE (1) REPRESENTATIVE OF THE PESTICIDE INDUSTRY AND
ONE (1) REPRESENTATIVE OF PRODUCERS OF AGRICULTURAL CROPS OR PRODUCTS
ON WHICH PESTICIDES ARE APPLIED OR WHICH MAY BE AFFECTED BY THE APPLI-
CATION OF PESTICIDES AND TWO (2) PUBLIC REPRESENTATIVES FROM CONSER-
VATION ORGANIZATIONS, AS ADVISORY, NON-VOTING MEMBERS. SUCH MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR FOR TERMS OF FOUR (4) YEARS, PRO-
VIDED THAT AT THE INCEPTION OF THIS CHAPTER THE GOVERNOR SHALL APPOINT
THREE (3) MEMBERS FOR A PERIOD OF TWO (2) YEARS; THREE (3) MEMBERS
FOR A PERIOD OF THREE (3) YEARS; AND THREE (3) MEMBERS FOR A PERIOD
OF FOUR (4) YEARS. MEMBERS MAY BE APPOINTED FOR SUCCESSIVE TERMS AT
THE DISCRETION OF THE GOVERNOR. THE GOVERNOR MAY REMOVE ANY MEMBER
OF THE BOARD PRIOR TO THE EXPIRATION OF HIS TERM OF APPOINTMENT FOR
CAUSE. NON-VOTING MEMBERS WILL SERVE AT THE PLEASURE OF THE GOVERNOR.
"(BOARD: VACANCIES) VACANCIES ON THE BOARD CREATED BY DEATH, RESIG-
NATION, OR REMOVAL FOR CAUSE OF ANY MEMBER SHALL BE FILLED BY THE
GOVERNOR ...
"(BOARD: CHAIRMAN) THE BOARD SHALL ELECT ONE OF ITS MEMBERS CHAIR-
MAN TO SERVE FOR A TERM OF TWO YEARS, UNLESS HIS APPOINTMENT SHOULD
TERMINATE BEFORE THE EXPIRATION OF SAID TERM, IN WHICH CASE THE TERM
SHALL BE FOR THE DURATION OF HIS APPOINTMENT.
"(BOARD: MEETINGS) THE BOARD SHALL MEET AT LEAST ANNUALLY AND AT
SUCH OTHER TIMES AND AT SUCH PLACE AS SHALL BE SPECIFIED BY THE
CALL OF THE CHAIRMAN OR A MAJORITY OF THE BOARD.
1975
14d
INDIANA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"(BOARD: QUORUM) SIX (6) VOTING MEMBERS OF THE BOARD SHALL CON-
STITUTE A QUORUM AND OFFICIAL ACTIONS WILL BE SUBJECT TO APPROVAL
BY A SIMPLE MAJORITY OF BOARD MEMBERS PRESENT AT A CALLED MEETING.
THE CHAIRMAN SHALL ACTIVELY PARTICIPATE IN ALL DECISIONS OF THE BOARD."
18. LABEL
19. LABELING
20. MISBRANDED
21. NEMATOCIDE
22. NEMATODE
23. PERSON
24. PESTICIDE
25. PESTICIDES FOR
PRESCRIPTION USE ONLY
26. PLANT REGULATOR
27. REGISTRANT
28. RESTRICTED USE PESTICIDE
29. RODENTICIDE
30. TERRESTRIAL ECOLOGIST
31. WEED
1. ACTIVE INGREDIENT
2. ADULTERATED
3. ANTIDOTE
4. ACQUATIC ECOLOGIST
5. BOARD
6. DEFOLIANT
7. DESICCANT
8. DEVICE
9. DISTRIBUTE
10. FUNGI
11. FUNGICIDE
12. HERBICIDE
13. HIGHLY VOLATILE
14. INERT INGREDIENT
15. INGREDIENT STATEMENT
16. INSECT
17. INSECTICIDE
NONE.
NONE.
VIOLATION OF THE ACT, OR INTERFERENCE WITH DUTIES OF STATE CHEMIST,
CONSTITUTES MISDEMEANOR, SUBJECT TO A FINE OF NOT MORE THAN $1,000
FOR FIRST OFFENSE, AND NOT MORE THAN $5,000 FOR EACH SUBSEQUENT
OFFENSE.
INDIANA PESTICIDE USE AND APPLICATION LAW
(BURNS IND. STAT. ANN., CODE EDITION 15-3-3.6-1 TO 15-3-3.6-26, 19XX)
"INDIANA HAZARDOUS HOUSEHOLD PRODUCTS ACT"
(BURNS IND. STAT. ANN., S 35-4214 TO 35-4228, 1969)
"UNIFORM INDIANA FOOD, DRUG, AND COSMETIC ACT"
(BURNS IND. STAT. ANN., S 35-3101 TO 35-3139, 1969)
1975
14e
INDIANA
-------
CERTIFICATION
OR LICENSING:
(IA-15-04-01)
IOWA
TITLE:
PROHIBITED ACTS:
"PESTICIDE ACT OF IOWA"*
(IOWA CODE ANN., S 206.1 TO 2022, SUPP. 1975-1976)
UNLAWFUL TO ENGAGE IN CUSTOM APPLICATION OF PESTICIDES UNLESS
LICENSED BY THE SECRETARY OF AGRICULTURE; OR TO APPLY RESTRICTED
USE PESTICIDES UNLESS CERTIFIED. PESTICIDE DEALERS REQUIRED
TO BE LICENSED.
EXEMPTIONS:
STATE AND FEDERAL EMPLOYEES ENGAGED IN RESEARCH.
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
CERTIFIED COMMERCIAL APPLICATOR
COMMERCIAL APPLICATOR TITLE HAS THE STANDARD TEN EPA
CATEGORIES PLUS AERIAL APPLICATOR CATEGORY.
CATEGORY 1 AND 7 ARE SUB-CATEGORIZED.
CERTIFIED PRIVATE APPLICATOR
PUBLIC APPLICATOR
ADDITIONAL CATEGORIES MAY BE ESTABLISHED BY REGULATIONS.
PROOF OF COMPETENCY AND RESPONSIBILITY REQUIRED. APPLY
CERTIFICATION STANDARDS OF EPA.
"... PROPERLY EXECUTED APPLICATION ..." REQUIRED.
WRITTEN EXAMINATION IS REQUIRED FOR COMMERCIAL APPLICATORS
AND PRIVATE APPLICATORS.
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
COMMERCIAL APPLICATOR
PRIVATE APPLICATOR
PUBLIC APPLICATOR
DELINQUENT RENEWAL
DEALERS LICENSE (PRIMARY OUTLET)
SELLING RESTRICTED USE PESTICIDES
DEALERS LICENSE (SECONDARY OUTLETS)
SELLING RESTRICTED USE PESTICIDES
LICENSE
FEE
$ 25.00
NO FEE
25%
25.00
5.00
CERTIFICATION
FEE
$ 10.00
5.00
10.00
AN ANNUAL LICENSE, EXPIRING DECEMBER 31, SHALL BE ISSUED UPON
RECEIPT OF PROPERLY EXECUTED APPLICATION AND PAYMENT OF FEE.
SECRETARY MAY REFUSE TO RENEW LICENSE DURING A PERIOD OF INVES-
TIGATION OF APPLICATOR'S WRONGDOING AND MAY CANCEL LICENSE IF
APPLICATOR IS CONVICTED OF A VIOLATION OF THE ACT. AERIAL COM-
MERCIAL APPLICATORS MUST ALSO BE REGISTERED WITH THE IOWA
AERONAUTICS COMMISSION.
CERTIFICATION EXPIRES THREE YEARS FROM DATE OF ISSUANCE.
LICENSING OF A NONRESIDENT APPLICATOR IMPLIES CONSENT TO THE
APPOINTMENT OF THE SECRETARY OF AGRICULTURE AS HIS AGENT FOR
SERVICE OF LEGAL PROCESS. NONRESIDENT AERIAL APPLICATORS MAY
APPLY PESTICIDES IN IOWA UNDER THE DIRECT SUPERVISION OF A
LICENSED IOWA AERIAL APPLICATOR; OR THEY MAY OPERATE INDEPENDENTLY
IF THEY OBTAIN A LICENSE, POST BOND AND REGISTER WITH THE IOWA
AERONAUTICS COMMISSION. PROVISION FOR RECIPROCITY.
*PORTIONS OF THIS ACT RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
1975
15a
IOWA
-------
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
NO
REQUIRE PURCHASE PERMITS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
CHEMICAL TECHNOLOGY COMMISSION
(IOWA CODE ANN., S 1119.101 TO 1119.106, SUPP. 1971)
THE AIR QUALITY COMMISSION, THE WATER QUALITY COMMISSION, THE
CHEMICAL TECHNOLOGY COMMISSION, AND THE SOLID WASTE DISPOSAL COM-
MISSION. EACH COMMISSION SHALL ESTABLISH POLICY FOR THE PROGRAMS
AND SERVICES ASSIGNED TO IT.
"... THE CHEMICAL TECHNOLOGY COMMISSION SHALL CONSIST OF THE
SECRETARY OF AGRICULTURE, THE COMMISSIONER OF PUBLIC HEALTH, THE
DIRECTOR OF THE IOWA NATURAL RESOURCES COUNCIL, THE CHAIRMAN OF
THE STATE SOIL CONSERVATION COMMITTEE, THE CHIEF EXECUTIVE OF THE
LEAGUE OF IOWA MUNICIPALITIES, THE STATE CONSERVATION DIRECTOR AND
THE DEAN, COLLEGE OF AGRICULTURE OF IOWA STATE UNIVERSITY OF SCIENCE
AND TECHNOLOGY, OR THEIR DESIGNEES , A REPRESENTATIVE OF A FIRM IN
IOWA ACTIVELY ENGAGED IN THE MANUFACTURE OR FORMULATION OF AGRI-
15b
1975
IOWA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
CULTURAL CHEMICALS, AND A FARMER EXPERIENCED IN THE APPLICATION OF
AGRICULTURAL CHEMICALS TO BE APPOINTED BY THE GOVERNOR WITH THE CON-
SENT OF TWO-THIRDS OF THE SENATE.
"THE COMMISSION SHALL COLLECT, ANALYZE, AND INTERPRET INFORMATION
RELATING TO AGRICULTURAL CHEMICALS AND THEIR USE. THE COMMISSION
SHALL COORDINATE THE REGULATION AND INFORMATION RESPONSIBILITIES OF
STATE AGENCIES ON MATTERS RELATING TO THE SALE AND USE OF AGRICUL-
TURAL CHEMICALS. IT SHALL ADOPT RULES RELATING TO THE SALE, USE
AND DISUSE OF AGRICULTURAL CHEMICALS, AND MAY BY RULE, RESTRICT OR
PROHIBIT THE SALE, DISTRIBUTION, OR USE OF ANY AGRICULTURAL
CHEMICAL
"THE COMMISSION SHALL CONSIDER THE TOXICITY, HAZARD, EFFECTIVENESS
AND PUBLIC NEED FOR THE AGRICULTURAL CHEMICALS, AND THE AVAIL-
ABILITY OF LESS TOXIC OR LESS HAZARDOUS AGRICULTURAL CHEMICALS AND
SUBSTANCES OR OTHER MEANS OF CONTROL.
"THE COMMISSION SHALL, BY RULE AND REGULATION, AFTER A PUBLIC
HEARING FOLLOWING DUE NOTICE:
1. DECLARE AS A PEST ANY FORM OF PLANT OR ANIMAL LIFE OR VIRUS
WHICH IS UNDULY INJURIOUS TO PLANTS, MAN, DOMESTIC ANIMALS,
ARTICLES, OR SUBSTANCES.
2. SPECIFY THE CONDITIONS UNDER WHICH CONTAINERS OF PESTICIDES
MAY BE TRANSPORTED, STORED, OR DISPOSED.
3. DETERMINE THE PROPER USE OF PESTICIDES, INCLUDING THEIR FORMU-
LATIONS, AND THE TIMES AND METHODS OF APPLICATION AND OTHER CON-
DITIONS OF USE.
4. REQUIRE THAT ALL VETERINARIANS LICENSED AND PRACTICING VETERIN-
ARY MEDICINE IN THE STATE PROMPTLY REPORT ANY CASE OF DOMESTIC LIVE-
STOCK POISONING OR SUSPECTED POISONING TO THE EXECUTIVE DIRECTOR AND
THE VETERINARY MEDICAL DIAGNOSTIC LABORATORY AT IOWA STATE UNIVERSITY
OF SCIENCE AND TECHNOLOGY."
1. ACTIVE INGREDIENT
2. ADULTERATED
3. ANTIDOTE
4. CERTIFIED APPLICATOR
5. CERTIFIED COMMERCIAL
APPLICATOR
6. CERTIFIED PRIVATE
APPLICATOR
7. COMMERCIAL APPLICATOR
8. DEPARTMENT
9. DEVICE
10. DISTRIBUTE
11. HAZARD
12. INERT INGREDIENT
13. INGREDIENT STATEMENT
14. LABEL
15. LABELING
16. MISBRANDED
17. PERMIT
18. PERSON
19. PESTICIDE
20. PESTICIDE DEALER
21. PLANT GROWTH REGULATOR
22. PUBLIC APPLICATOR
23. REGISTRANT
24. RESTRICTED USE PESTICIDES
25. SECRETARY
26. STATE RESTRICTED USE
PESTICIDE
27. UNDER THE DIRECT SUPERVISION OF
28. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
SURETY BOND OR LIABILITY INSURANCE:
NOT LESS THAN
DEDUCTIBLE CLAUSE:
AERIAL APPLICATORS
OTHER APPLICATORS
$ 50,000.00
500.00
250.00
1975
15c
IOWA
-------
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF THE USE AND APPLICATION PORTION OF THE ACT CONSTITUTES
A MISDEMEANOR SUBJECT TO A FINE OF NOT MORE THAN $500 FOR THE FIRST
OFFENSE AND NOT MORE THAN $1,000 FOR SUBSEQUENT OFFENSES. SUBSE-
QUENT OFFENSE COMMITTED MORE THAN FIVE YEARS AFTER PREVIOUS CON-
VICTION CONSTITUTES FIRST OFFENSE.
RELEVANT LAWS: DEPARTMENT OF ENVIRONMENTAL QUALITY
(IOWA CODE ANN., S 1119.1 TO 1119.113, SUPP. 1972)
1975
15d IOWA
-------
(KS-16-02-01)
KANSAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
"KANSAS PESTICIDE USE LAW"
(KAN. STAT. ANN., S 2-2A13 TO 2-2437, SUPP. 197A)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES TO THE
LAND OF ANOTHER UNLESS LICENSED BY THE SECRETARY OF THE STATE
BOARD OF AGRICULTURE; OR TO ACT AS AN EMPLOYEE OF PESTICIDE BUSINESS
APPLICATOR, OR A GOVERNMENT AGENCY, WITHOUT A PERMIT.
STRUCTURAL PEST CONTROL OPERATORS, PERSONS WORKING ON OWN PREMISES
OR THOSE OF ANOTHER IN AN EXCHANGE OF WORK, SHADE TREE AND ORNA-
MENTAL SHRUB WORK, AND GOVERNMENT RESEARCH PERSONNEL.
1. AQUATICS
2. CONFINED LIVESTOCK
3. FUNGICIDES
4. GENERAL
5. GRAIN
6. HERBICIDES
7. HORTICULTURE
8. INSECTICIDES
9. RANGE LIVESTOCK
10. RODENTICIDES
11. SEED
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
MUST POSSESS ADEQUATE KNOWLEDGE CONCERNING PROPER USE AND APPLICA-
TION OF PESTICIDES.
MUST BE IN WRITING ON A FORM FURNISHED BY THE SECRETARY'S OFFICE.
TYPE NOT SPECIFIED, BUT A NUMBER OF SUBJECTS ARE INCLUDED IN THE
EXAMINATION, GOVERNMENT AGENCIES NOT REQUIRED TO PASS EXAMINATION.
EXAMINATION FEE
APPLICATOR'S BUSINESS LICENSE
GOVERNMENT AGENCY REGISTRATION
PESTICIDE EQUIPMENT OPERATORS' PERMIT
PUBLIC EQUIPMENT OPERATORS' PERMIT
EACH UNIT OF POWER EQUIPMENT
$ 10.00
25.00
25.00
10.00
10.00
10.00
ISSUED UPON BEING FOUND QUALIFIED, AND FILING OF BOOT OR INSURANCE.
LICENSES EXPIRE AT END OF CALENDAR YEAR IN WHICH ISSUED.
PROOF OF SATISFACTORY COMPLETION OF APPROVED TRAINING COURSE.
MUST FILE WRITTEN CONSENT TO ACCEPT SERVICE OF LEGAL PROCESS AND
TO BE SUED FOR DAMAGES IN KANSAS COURTS. NO PROVISION FOR
RECIPROCITY.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
1975
16a
KANSAS
-------
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
POST TREATED AREAS
YES
YES
YES
YES
NO
YES
YES
YES
YES
YES
NO
NO
NO
NO
NO
THIRTEEN MEMBER BOARD REPRESENTING:
1. HEALTH
2. WATER RESOURCES
3. FORESTRY
4. GEOLOGICAL SURVEY
5. AGRICULTURE
6. SOIL CONSERVATION
7. LIVESTOCK COMMISSION
8. HOUSE OF REPRESENTATIVES
9. SENATE
10. CUSTOM GROUND APPLICATOR
11. CUSTOM AERIAL APPLICATOR
12. PESTICIDE INDUSTRY
13. AGRICULTURAL USER OF PESTICIDES
THE BOARD IS ADVISORY IN NATURE AND HAS NO REGULATORY AUTHORITY.
DEFINITIONS:
1. BOARD
2. DEFOLIANT
3. DESICCANT
4. EQUIPMENT
5. FUNGUS
6. INSECT
7. LAND
8. NEMATODE
9. PERSON
10. PEST
11. PESTICIDE
12. PESTICIDE BUSINESS
APPLICATOR
13. PESTICIDE EQUIPMENT
OPERATOR
14. PESTICIDE PUBLIC
OPERATOR
15. PLANT REGULATOR
16. RODENT
17. SECRETARY
18. SNAILS OR SLUGS
19. WEED
1975
16b
KANSAS
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
SURETY BOND OR LIABILITY INSURANCE: (NOT LESS THAN)
WITHOUT LICENSED APPLICATION
EQUIPMENT OR ONLY ONE UNIT $ 2,000.00
EACH ADDITIONAL UNIT OF
LICENSED EQUIPMENT 1,000.00
BODILY INJURY LIABILITY,
EACH OCCURRENCE 25,000.00
PROPERTY DAMAGE,
EACH OCCURRENCE 5,000.00
DEDUCTIBLE CLAUSE
EACH OCCURRENCE 5.00
NONE.
VIOLATION OF THE ACT OR REGULATIONS IS AN UNCLASSIFIED MISDEMEANOR,
SUBJECT TO A FINE OF NOT LESS THAN $100 AND NOT MORE THAN $500.
"KANSAS PEST CONTROL ACT"
(KAN. STAT. ANN., S 2-2401 TO 2-2412, SUPP. 1973)
LICENSES AND REGULATES:
1. TERMITE CONTROL
2. STRUCTURAL INSECT CONTROL
3. FUMIGATION
4. TREE PEST CONTROL
"KANSAS AGRICULTURAL CHEMICAL ACT OF 1947"
(KAN. STAT. ANN., S 2-2201 ET SEQ., 1964)
"KANSAS FOOD, DRUG, AND COSMETIC ACT"
(KAN. STAT. ANN., S 65-655 ET SEQ., 1964)
HAZARDOUS HOUSEHOLD ARTICLES
(KAN. STAT. ANN., S 65-2701 ET SEQ., 1964)
1975
16c
KANSAS
-------
(KS-16-03-01)
KANSAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
KANSAS PEST CONTROL ACT*
(KAN. STAT. ANN., S 2-2401 TO 2-2412, SUPP. 1973)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF PEST CONTROL UNLESS LICENSED
BY THE SECRETARY OF THE STATE BOARD OF AGRICULTURE.
PERSONS WORKING ON THEIR OWN PREMISES; TREATMENT OF FABRICS OR FURS;
AERIAL APPLICATORS OF PESTICIDES; FEDERAL, STATE AND LOCAL EMPLOYEES
IN PERFORMANCE OF OFFICIAL DUTIES; PHYSICIANS, VETERINARIANS AND
OTHERS TREATING HUMANS OR ANIMALS; NONPROFIT ORGANIZATIONS PERFORMING
WORK EXCLUSIVELY FOR ITS MEMBERS; EMPLOYEES OF LICENSED PEST CONTROL
OPERATORS; AND PERSONS LICENSED UNDER THE KANSAS PESTICIDE USE LAW.
"FIELDS OF OPERATION"
1. ANIMAL PEST CONTROL
2. FUMIGATION PEST CONTROL
3. LANDSCAPE PEST CONTROL
4. STRUCTURAL INSECT CONTROL
5. TERMITE CONTROL
6. WEED CONTROL
NOT SPECIFIED IN ACT.
ON FORMS PROVIDED BY THE SECRETARY.
TYPE OF, NOT SPECIFIED IN ACT; MUST PASS A REASONABLE EXAMINATION;
GIVEN THREE TIMES EACH YEAR.
EXAMINATION FEE, EACH EXAMINATION $ 10.00
LICENSE, EACH PLACE OF BUSINESS 100.00
RENEWAL 100.00
LAST HALF OF LICENSE YEAR 50.00
TECHNICAL REPRESENTATIVE (AT EACH PLACE OF BUSINESS) NONE
"UPON COMPLIANCE WITH REQUIREMENTS." EXPIRE JUNE 30; NON-TRANSFER-
ABLE.
NO PROVISION FOR RECIPROCITY; MUST DESIGNATE A RESIDENT AGENT TO
ACCEPT SERVICE OF LEGAL PROCESSES.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
*ENACTED IN APRIL 1965; AMENDED A NUMBER OF TIMES, THE LATEST IN 1973. PRIMARILY A CONSUMERS
PROTECTION MEASURE.
16d
1975 KANSAS
-------
INSPECT OR LICENSE
EQUIPMENT
ADMINISTER OATHS
PROVISION FOR REPORTS OF LOSS
REQUIRE USE PERMITS
DECLARE RESTRICTED USE
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
RECORDS OPEN FOR INSPECTION
WRITTEN RECOMMENDATIONS
FROM ADVISORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD: NONE.
DEFINITIONS: (LAW)
YES
YES
NO
NO
NO
YES
NO
YES
YES
NO
NO
NO
NO
NO
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
1. ACT
2. ANIMAL
3. BOARD
4. CONTROL OF PEST
5. FIELDS OF OPERATION
A. ANIMAL PEST CONTROL
B. FUMIGATION PEST CONTROL
C. LANDSCAPE PEST CONTROL
D. STRUCTURAL INSECT CONTROL
E. TERMITE CONTROL
F. WEED CONTROL
6. FUMIGANT
7. FUNGICIDE
8. FUNGUS
9. HERBICIDE
10. INSECT
11. INSECTICIDE
12. PERSON
13. PEST
14. PEST CONTROL OPERATOR
15. PLACE OF BUSINESS
16. REPELLENT
17. RODENTICIDE
18. SECRETARY
19. TECHNICAL REPRESENTATIVE
20. WEED
FINANCIAL
RESPONSIBILITY:
SURETY BOND, EACH PLACE OF BUSINESS NOT LESS THAN $ 2,000.00
OR,
LIABILITY INSURANCE, NOT LESS THAN
BODILY INJURY, EACH OCCURRENCE 25,000.00
PROPERTY DAMAGE, EACH OCCURRENCE 5,000.00
DEDUCTIBLE CLAUSE, NOT MORE THAN 500.00
UNLAWFUL TO ADVERTISE AS "BONDED."
1975
16e
KANSAS
-------
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF ACT OR REGULATIONS CONSTITUTES A CLASS A MISDEMEANOR
SUBJECT TO PENALTY AS PRESCRIBED BY LAW. (MAXIMUM'FINE OF $2,500,
OR ONE YEAR IN JAIL, OR BOTH.)
RELEVANT LAWS: "KANSAS PESTICIDE USE LAW"
(KAN. STAT. ANN., S 2-2413 TO 2-2437, SUPP. 1974)
"KANSAS AGRICULTURAL CHEMICAL ACT OF 1947"
(KAN. STAT. ANN., S 2-2201 ET SEQ., 1964)
16f
1975 KANSAS
-------
(KY-17-02-01)
KENTUCKY
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
"KENTUCKY PESTICIDE USE AND APPLICATION ACT OF 1972"
(KY. REV. STAT., S 217B.010 TO 217B.990, 1974 CUM ISSUE)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES TO THE
LANDS OF ANOTHER, OR TO ACT AS A PESTICIDE OPERATOR, OR A PEST
CONTROL CONSULTANT, UNLESS LICENSED BY THE DEPARTMENT FOR NATURAL
RESOURCES AND ENVIRONMENTAL PROTECTION.
STATE AGENCIES; STRUCTURAL PEST CONTROL OPERATORS (LICENSED UNDER
KRS 249.250 TO 249.340); PERSONS USING HAND-POWERED EQUIPMENT TO
APPLY NON RESTRICTED USE PESTICIDES ON LAWNS, ORNAMENTAL SHRUBS,
AND TREES NOT OVER 12 FEET HIGH, AS PART OF THEIR CARE OF PREMISES;
FARMERS, FOR THEMSELVES OR THEIR NEIGHBORS, WHEN USING GROUND EQUIP-
MENT TO APPLY NON RESTRICTED USE PESTICIDES.
1. AGRICULTURAL PEST CONTROL - ANIMALS
2. AGRICULTURAL PEST CONTROL - PLANTS
3. AQUATIC PEST CONTROL
4. DEMONSTRATION AND RESEARCH PEST CONTROL
5. FOREST PEST CONTROL
6. INDUSTRIAL, INSTITUTIONAL, STRUCTURAL, AND HEALTH RELATED
PEST CONTROL
7. ORNAMENTAL AND TURF PEST CONTROL
8. PUBLIC HEALTH PEST CONTROL
9. REGULATORY PEST CONTROL
10. RIGHT-OF-WAY PEST CONTROL
MUST POSSESS "ADEQUATE KNOWLEDGE"; PEST CONTROL CONSULTANTS MUST
PROVIDE EVIDENCE OF TRAINING AND EXPERIENCE TO UNDERSTAND "PEST
CONTROL PRINCIPLES."
ON A FORM PROVIDED BY THE DIRECTOR, INCLUDING INFORMATION ON
APPLICANTS' QUALIFICATIONS AND PROPOSED OPERATIONS.
PEST CONTROL CONSULTANTS REQUIRED TO PASS A WRITTEN EXAMINATION;
OTHER APPLICANTS MUST SHOW UPON EXAMINATION THAT THEY ARE QUALIFIED.
PEST CONTROL CONSULTANT, ANNUAL FEE
PESTICIDE APPLICATOR, ANNUAL FEE
PESTICIDE OPERATOR, ANNUAL FEE
PUBLIC OPERATOR
AIRCRAFT LICENSING, ANNUAL FEE
GROUND EQUIPMENT, ANNUAL FEE
LICENSING (SECOND INSPECTION)
LATE RENEWAL, PLUS
50.00
25.00
10.00
NONE
10.00
10.00
5.00
25%
LICENSES EXPIRE AT END OF CALENDAR YEAR BUT MAY BE ROVOKED FOR
CAUSE, OR IF FINANCIAL SECURITY HAS EXPIRED.
WRITTEN EXAM REQUIRED ONLY IF NEW KNOWLEDGE MAKES IT NECESSARY.
NO PROVISION FOR RECIPROCITY.
YES
ENFORCE THE ACT
YES
1975
17a
KENTUCKY
-------
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
YES
REQUIRE PURCHASE PERMITS
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
DEFINITIONS:
A PESTICIDE ADVISORY BOARD MAY BE APPOINTED BY THE ENVIRONMENTAL
QUALITY COMMISSION WITH THE APPROVAL OF THE SECRETARY TO ASSIST IN
THE PROMULGATION OF REGULATIONS AND THE ADMINISTRATION OF THIS
CHAPTER.
1. DEFOLIANT
2. DEPARTMENT
3. DESICCANT
4. DISTRIBUTE
5. ENGAGE IN BUSINESS
6. EPA
7. EQUIPMENT
8. FUNGI
9. INSECT
10. LABEL
11. LAND
12. NEMATODE
13. PERSON
14. PEST
15. PEST CONTROL CONSULTANT
16. PESTICIDE
17. PESTICIDE APPLICATOR
18. PESTICIDE OPERATOR
19. PLANT REGULATOR
20. PUBLIC OPERATOR
21. RESTRICTED USE PESTICIDE
22. RESTRICTED USE PESTICIDE
DEALER
23. SNAILS OR SLUGS
24. SPRAY ADJUVANT
25. WEED
26. WILDLIFE
1975
17b
KENTUCKY
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
SURETY BOND OR LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN
$100,000 FOR PUBLIC LIABILITY, AND $25,000 FOR PROPERTY DAMAGE.
DEDUCTIBLE CLAUSE OF $1,000 ACCEPTABLE.
CIVIL PENALTY OF NOT TO EXCEED $1,000, PLUS $1,000 FOR EACH DAY
VIOLATION CONTINUES.
VIOLATION OF THE ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR,
SUBJECT TO A PENALTY OF NOT LESS THAN $100, NOR MORE THAN $1,000
OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH FINE AND IM-
PRISONMENT.
"KENTUCKY PESTICIDE CONTROL ACT OF 1974" (REGISTRATION LAW)
(KY. REV. STAT., S 217.540 TO 217.640, 1974 CUM ISSUE)
KENTUCKY TERMITE AND PEST CONTROL INDUSTRY LAW
(KY. REV. STAT., S 249.250 TO 249.340, 1974 CUM ISSUE)
"KENTUCKY FOOD, DRUG AND COSMETIC ACT"
(KY. REV. STAT., S 217.005 TO 217.215, 1962)
SEC. 217.145(2) PROVIDES FOR REGULATIONS OF PESTICIDE CHEMICALS IN
OR ON RAW AGRICULTURAL COMMODITIES BY INCORPORATING APPLICABLE
PROVISIONS OF THE FEDERAL, FOOD, DRUG, AND COSMETIC ACT.
"KENTUCKY HAZARDOUS SUBSTANCES LABELING ACT"
(KY. REV. STAT., S 217.650 TO 217.710, 1962)
KENTUCKY DEPARTMENT OF AERONAUTICS KAV-5
"AERIAL APPLICATORS"
REQUIRES AERIAL APPLICATORS OF AGRICULTURAL CHEMICALS TO OBTAIN A
PERMIT BEFORE ENGAGING IN THE BUSINESS OF APPLYING CHEMICALS TO
CROPS, AND REQUIRES CERTAIN BONDING PROCEDURES.
1975
17c
KENTUCKY
-------
(KY-17-03-01)
KENTUCKY
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENT
KENTUCKY TERMITE AND PEST CONTROL INDUSTRY LAW
(KY. REV, STAT., S 249.250 TO 249.340, 1974 CUM ISSUE)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF OR TO SELL ADVICE REGARDING
STRUCTURAL PEST CONTROL UNLESS LICENSED BY THE DEPARTMENT OF
AGRICULTURE.
TREATMENT OF FABRICS AND FURS; PERSONS AND THEIR EMPLOYEES ON THEIR
OWN PROPERTY; DEALERS IN PESTICIDES; AND AERIAL APPLICATORS LICENSED
BY THE DEPARTMENT OF AERONAUTICS.
1. CONTROL OF GENERAL PESTS AND RODENTS
2. CONTROL OF TERMITES AND OTHER WOOD DESTROYING ORGANISMS
3. FUMIGATION
TWO YEARS OF EXPERIENCE; OR, TWO YEARS OF COLLEGE, MAJORING IN SUB-
JECTS RELATING TO CATEGORY OF LICENSING.
ON FORMS PROVIDED BY THE DEPARTMENT, SUBMITTED 30 DAYS IN ADVANCE
OF EXAMINATION.
ORAL OR WRITTEN; OR BOTH ORAL AND WRITTEN; GIVEN IN FEBRUARY, JUNE
AND OCTOBER AND SPECIAL EXAMINATION, IF DEEMED NECESSARY.
APPLICATION, ONE OR ALL CATEGORIES
RE-EXAMINATION, ONE CATEGORY
LICENSE, ORIGINAL ISSUANCE
REGISTRATION, EACH PLACE OF BUSINESS
ANNUAL RENEWAL, REGISTRATION AND LICENSE
UPON BEING FOUND COMPETENT AND QUALIFIED.
$ 15.00
5.00
NONE
100.00
100.00
RENEWABLE ANNUALLY WITHOUT EXAMINATION; NON-TRANSFERABLE; CHANGE IN
BUSINESS STATUS REQUIRES REQUALIFICATION WITHIN 90 DAYS; ON DEATH OF
OWNER, BUSINESS GIVEN MINIMUM OF 90 DAYS.
NO PROVISION FOR RECIPROCITY; MUST APPOINT A RESIDENT AGENT TO ACCEPT
SERVICE OF LEGAL PROCESSES.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
YES
1975
17d
KENTUCKY
-------
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS NO
PESTICIDE BOARD: NONE.
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
EXAMINING BOARD. "... THERE SHALL BE AN EXAMINING BOARD ... OF FIVE
MEMBERS APPOINTED BY THE COMMISSIONER (OF AGRICULTURE) ... CITIZENS
OF ... KENTUCKY ... (INCLUDING) A MEMBER OF THE DEPARTMENT, TWO MEM-
BERS OF THE DEPARTMENT OF ENTOMOLOGY OF THE UNIVERSITY OF KENTUCKY,
AND TWO MEMBERS OF THE PEST CONTROL INDUSTRY."
DEFINITIONS:
(LAW)
1. BOARD
2. COMMISSIONER
3. DEPARTMENT
4. FUMIGATION
5. INSECT
6. OPERATOR
7. RODENT
8. TERMITE
(REGULATION)
1. CHEMICALS
2. FUMIGATION
A. FUMIGATION OPERATION
B. GENERAL FUMIGATION
C. OPERATOR IN CHARGE
D. SPOT TREATMENT
E. STRUCTURE OR ENCLOSED SPACE
F. UNAUTHORIZED PERSONNEL
3. GENERAL PEST AND RODENT CONTROL
A. ARTHROPOD
B. CONTROL OF ARTHROPOD PESTS
C. PESTICIDES
D. POISONING
E. RODENT CONTROL
F. SODIUM FLUOROACETATE
G. STRUCTURE
4. PLACE OF BUSINESS
5. TERMITE AND WOOD INFESTING
ORGANISMS
A. BUILDING STRUCTURE
B. SECTIONAL TREATMENT
1975
17e
KENTUCKY
-------
FINANCIAL LIABILITY INSURANCE: (MINIMUM)
RESPONSIBILITY:
PROPERTY DAMAGE $ 25,000.00
BODILY INJURY, PER PERSON 50,000.00
BODILY INJURY, PER OCCURRENCE 100,000.00
AND
WORKMENS' COMPENSATION INSURANCE
PENALTIES:
CIVIL IN LIEU OF SUSPENSION OF LICENSE, LICENSEE MAY, WITH APPROVAL OF
BOARD, PAY AT THE RATE OF $50 PER DAY FOR PERIOD OF SUSPENSION.
CRIMINAL VIOLATION OF ACT OR REGULATIONS SUBJECT TO A FINE OF NOT LESS THAN
$100 FOR THE FIRST OFFENSE, AND NOT LESS THAN $200 FOR EACH SUBSE-
QUENT CONVICTION, OR NOT LESS THAN 30 DAYS NOR MORE THAN ONE YEAR IN
JAIL; OR BOTH FINE AND IMPRISONMENT.
RELEVANT LAWS: "KENTUCKY PESTICIDE USE AND APPLICATION ACT OF 1972"
(KY. REV. STAT., S 217B.010 TO 217B.990, 1974 CUM ISSUE)
KENTUCKY PESTICIDE CONTROL ACT OF 197A (REGISTRATION LAW)
(KY. REV. STAT., S 217.540 TO 217.640, 1974 CUM ISSUE)
AERIAL APPLICATORS - REGULATIONS
KENTUCKY DEPARTMENT OF AERONAUTICS
"KENTUCKY FOOD, DRUG AND COSMETIC ACT"
(KY. REV. STAT., S 217.005 TO 217.215, SUPP. 1973)
1975 f KENTUCKY
-------
(LA-18-02-01)
LOUISIANA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
LOUISIANA PESTICIDE CONTROL ACT
(LA. REV. STAT., S 3-1621 TO 3-1642, 19XX)
(SESSION LAWS, 1975, PAGE 574; ACT 778, 1975; HOUSE BILL 1631)
UNLAWFUL TO ENGAGE IN CUSTOM APPLICATION OF PESTICIDES, OR TO ACT
AS A PEST MANAGEMENT CONSULTANT UNLESS LICENSED BY THE COMMISSIONER
OF AGRICULTURE AND IMMIGRATION. UNLAWFUL TO SELL OR SUPERVISE THE
SALE OF A RESTRICTED USE PESTICIDE UNLESS LICENSED.
PRIVATE APPLICATORS MUST BE CERTIFIED (BUT DO NOT REQUIRE A LICENSE).
1. AERIAL APPLICATORS
2. AGRICULTURAL APPLICATORS
3. COMMERCIAL APPLICATORS
4. GROUND APPLICATORS
5. PEST MANAGEMENT CONSULTANTS
6. PRIVATE APPLICATORS
7. OTHER CATEGORIES MAY BE
ESTABLISHED
MUST HAVE KNOWLEDGE OF PEST CONTROL PRACTICES.
FORM PROVIDED BY THE COMMISSIONER MUST INCLUDE INFORMATION REGARDING
APPLICANT'S QUALIFICATIONS AND PROPOSED OPERATIONS.
REQUIRED TO PASS A WRITTEN EXAMINATION BEFORE OBTAINING A LICENSE
OR CERTIFICATE OF COMPETENTCY.
LICENSE:
EXAMINATION FEE
RENEWAL
INSPECTION FEE: EACH AIRCRAFT
GROUND EQUIPMENT
HAND EQUIPMENT
FIELD EMPLOYEES REGISTRATION
PRIVATE APPLICATORS
GOVERNMENT EMPLOYEES
$ 25.00
2.00
1.00
10.00
10.00
2.00
5.00
NONE
NONE
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
LICENSE ISSUED UPON PASSING EXAMINATION. LICENSES AND PERMITS MAY
BE SUSPENDED, CANCELLED, OR REVOKED FOR CAUSE.
FAILURE TO RENEW LICENSE MAY REQUIRE REEXAMINATION.
REQUIRED TO APPOINT SECRETARY OF STATE AS AN AGENT FOR SERVICE OF
LEGAL PROCESS.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
18a
1975
LOUISIANA
-------
ADMINISTER OATHS
NO
SUBPOENA POWERS
NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
THE ACT DIRECTS THE COMMISSIONER TO APPOINT A 17-MEMBER ADVISORY
COMMITTEE ON PESTICIDES.
"... THE COMMISSION SHALL CONSIST OF 17 MEMBERS SELECTED BY THE
COMMISSIONER ... TWO CERTIFIED AERIAL APPLICATORS ... FROM A LIST
OF FOUR SUBMITTED BY THE LOUISIANA AGRICULTURAL AVIATION ASSOCIATION
... TWO CERTIFIED GROUND APPLICATORS FROM A LIST OF FOUR SUBMITTED
BY THE LOUISIANA PESTICIDE APPLICATORS ASSOCIATION ... FOUR FARMERS
... FROM A LIST OF EIGHT SUBMITTED BY THE LOUISIANA FARM BUREAU
(EQUAL REPRESENTATION FROM COMMODITIES OF COTTON, RICE, SOYBEANS, AND
SUGAR CANE) ... TWO CHEMICAL REPRESENTATIVES ... FROM A LIST OF FOUR
SUBMITTED BY THE LOUISIANA AGRICULTURAL CHEMICALS ASSOCIATION ... TWO
CERTIFIED PEST MANAGEMENT CONSULTANTS ... FROM A LIST OF FOUR SUB-
MITTED BY THE LOUISIANA AGRICULTURAL CONSULTANTS ASSOCIATION ... TWO
CERTIFIED PESTICIDE DEALERS ... FROM A LIST OF FOUR SUBMITTED BY THE
LOUISIANA SEEDMAN'S ASSOCIATION ... ONE CERTIFIED AERIAL APPLICATOR
(NOT A MEMBER OF THE ASSOCIATION) ... ONE MEMBER ... FROM A LIST OF
TWO SUBMITTED BY THE LOUISIANA SHRIMP ASSOCIATION ... ONE MEMBER ...
FROM A LIST OF TWO SUBMITTED BY THE LOUISIANA COTTON PRODUCERS ASSO-
CIATION ..." EXCEPT FOR INITIAL APPOINTMENTS, MEMBERS SERVE A
FOUR-YEAR TERM, AND MAY BE REAPPOINTED.
DEFINITIONS:
1. ADVISORY COMMISSION
2. AGRICULTURAL COMMODITY
3. CERTIFIED APPLICATOR
4. CHECKER
5. COMMISSIONER
6. COMMERCIAL APPLICATOR
7. COMPETENT
8. CUSTOM APPLICATOR
9. EPA
10. HAZARD
11. NON-TARGET ORGANISM
12. PERSON
13. PEST
18b
1975
14. PESTICIDE
15. PESTICIDE DEALER
16. PESTICIDE SALES SUPERVISOR
17. PESTICIDES WITH RESTRICTED
USES
18. PEST MANAGEMENT CONSULTANT
19. PRACTICAL KNOWLEDGE
20. PRIVATE APPLICATOR
21. RULES AND REGULATIONS
22. STANDARD
23. UNDER THE DIRECT SUPERVISION
OF
24. WEED
LOUISIANA
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
BOND IN MINIMUM AMOUNT OF $25,000 REQUIRED OF COMMERCIAL
APPLICATORS.
"ANY LICENSE OR CERTIFICATION ... MAY BE DENIED, SUSPENDED, CANCELLED,
OR REVOKED, OR ANY PERSON FINED UP TO $500 BY THE COMMISSIONER UPON
RECOMMENDATION OF THE COMMISSION, AFTER A PUBLIC HEARING."
VIOLATION OF THE ACT OR REGULATIONS IS A MISDEMEANOR SUBJECT TO A
FINE OF NOT LESS THAN $10 NOR MORE THAN $500. THE COMMISSIONER
MAY FILE INJUNCTIVE PROCEDURES.
"STRUCTURAL PEST CONTROL LAW"
(LA. REV. STAT., S 40-1261 TO 40-1274, 1975)
REGISTRATION LAW
(LA. REV. STAT., S 3-1601 TO 3-1609, 1975)
REGULATES THE SALE AND PURITY OF PESTICIDES AND REQUIRES REGISTRA-
TION; AUTHORIZES ESTABLISHMENT OF TOLERANCES; PERMITS REGISTRATION
OF SPECIAL LOCAL NEED PESTICIDES; AND ALLOWS ISSUANCE OF EXPERI-
MENTAL USE PERMITS.
LOUISIANA HORTICULTURE LAWS
(LA. REV. STAT., S 37-1961 TO 37-1975, 1964)
ESTABLISHES A HORTICULTURE COMMISSION WITH AUTHORITY TO LICENSE AND
REGULATE THE PRACTICE OF PERSONS ENGAGED IN:
1. ENTOMOLOGY 8.
2. PLANT PATHOLOGY 9.
3. COTTON INSECT CONTROL 10.
4. SUGAR CANE BORER CONTROL 11.
5. TREE SURGERY 12.
6. POT PLANT AND NURSERY 13.
STOCK DEALER
7. RETAIL FLORIST
FUMIGATION
WHOLESALE FLORISTRY
LANDSCAPE ARCHITECTURE
HORTICULTURAL SERVICE
LANDSCAPE CONTRACTOR
ORNAMENTAL PLANT SPRAYING
AND DUSTING
1975
18c
LOUISIANA
-------
(LA-18-03-01)
LOUISIANA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"STRUCTURAL PEST CONTROL LAW"
(LA. REV. STAT., S 40-1261 TO 40-1274, 1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL UNLESS
LICENSED BY THE STRUCTURAL PEST CONTROL COMMISSION.
"... NOTHING IN THIS (LAW) SHALL ... AFFECT THE CONTROL AND/OR
ERADICATION OF AGRICULTURAL PESTS ... "; PERSONS WORKING ON THEIR
OWN PROPERTY (PROVIDED THEY) "AVOID UNDUE HAZARDS TO PUBLIC HEALTH
AND SAFETY;" MANUFACTURERS AND SELLERS OF PESTICIDES, HOWEVER IF
THEY DEMONSTRATE THEIR PRODUCTS BY APPLICATION, THEY MUST BE LICENSED.
(PROFESSIONAL SERVICES)
1. ENTOMOLOGICAL WORK
A. FUMIGATION
B. HOUSEHOLD PEST CONTROL
C. TERMITE AND OTHER WOOD DESTROYING INSECTS
2. RODENT CONTROL
GRADUATE OF COLLEGE OR UNIVERSITY WITH MAJOR IN ENTOMOLOGY; OR FOUR
YEARS SATISFACTORY WORK UNDER A LICENSED OPERATOR.
WRITTEN; THOSE WHO BASE QUALIFICATIONS ON EXPERIENCE MUST FURNISH
AFFIDAVIT FROM LICENSEE VERIFYING EXPERIENCE.
WRITTEN, SUPPLEMENTED BY ORAL QUIZ INCLUDING TAXONOMY; GIVEN IN THE
PARISH OF EAST BATON ROUGE DURING JANUARY, APRIL, JULY AND OCTOBER;
MINIMUM GRADE OF 70% REQUIRED TO PASS.
NONE
TAX ON PEST CONTROL OPERATORS:
EACH CONTRACT (ONE TREATMENT-CONTROL ON ONE
INDIVIDUAL PREMISE)
$ 3.00
TAXES COLLECTED FOR PURPOSE OF COVERING ALL COMMISSION EXPENSES, AND
AT END OF FISCAL YEAR, SURPLUS FUNDS, IN EXCESS OF $100,000 REVERT
TO LOUISIANA STATE UNIVERSITY EXPERIMENT STATION FOR RESEARCH ON
STRUCTURAL AND HOUSEHOLD PEST CONTROL.
UPON SATISFACTORY COMPLETION OF ALL REQUIREMENTS. LICENSEES MAY NOT
REQUIRE EMPLOYEES TO AGREE NOT TO ENGAGE IN PEST CONTROL AFTER LEAV-
ING EMPLOYMENT (NEGATIVE COVENANTS PROHIBITED).
PERMANENT, NON-EXPIRING, NON TRANSFERABLE; LICENSEES IN INACTIVE
STATUS OVER FOUR YEARS REQUIRED TO BE RE-EXAMINED.
RECIPROCITY IMPLIED; NONRESIDENTS FROM STATES THAT DO NOT REQUIRE A
LICENSE FOR STRUCTURAL PEST CONTROL, MUST POSSESS SAME QUALIFICATIONS
AS RESIDENT APPLICANTS TO OBTAIN A LICENSE.
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
YES
YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
1975
18d
LOUISIANA
-------
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE IS HEREBY CREATED A STRUCTURAL PEST CONTROL
. OF FIVE MEMBERS ... THE COMMISSIONER OF AGRICULTURE
(COMMISSION)
COMMISSION .,
AND IMMIGRATION (CHAIRMAN), THE STATE ENTOMOLOGIST, ONE MEMBER OF
THE FACULTY FROM THE ENTOMOLOGY DEPARTMENT OF THE LOUISIANA STATE
UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, AND TWO MEMBERS
(RESIDENT, ACTIVE LICENSEES) ... LATTER THREE MEMBERS ... APPOINTED
BY THE GOVERNOR ... TWO YEAR TERMS ..."
DEFINITIONS:
(LAW)
1. APPLICANT
2. BOND
3. CERTIFIED APPLICATOR
4. COMMISSION
5. COMMISSIONER
6. EMPLOYEE
7. EPA
8. FUMIGANT
9. INSECTICIDES
10. LICENSEE
11. REGISTERED EMPLOYEE
12. REPELLENTS
13. RESTRICTED USE PESTICIDE
(REGULATION)
1. ACT AND/OR PART
2. AGRICULTURAL PEST
3. BUSINESS
4. DIRECT SUPERVISION
5. ENTOMOLOGICAL WORK
6. FUMIGATION
7. HOUSEHOLD INSECTS
8. HOUSEHOLD INSECT CONTROL
9. LICENSE
10. PERSONS AND/OR INDIVIDUAL
11. PLACE OF BUSINESS
12. RODENT CONTROL
13. SECRETARY
1975
18e
LOUISIANA
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
14. RODENT 14.
15. RODENT CONTROL 15.
16. RODENTICIDES
17. STRUCTURAL PEST CONTROL
18. WOOD DESTROYING 16.
ORGANISMS 17.
INSURANCE: (NOT LESS THAN)
PERSONAL INJURY (ONE PERSON)
PERSONAL INJURY (ONE ACCIDENT)
PROPERTY DAMAGE
AND
PERFORMANCE BOND
SPOT TREATMENT
TERMITE CONTROL:
A. DRY WOOD TERMITES
B. SUBTERRANEAN TERMITES
TERMITE CONTROL
WOOD DESTROYING INSECTS
$ 25,000.00
50,000.00
10,000.00
2,000.00
NONE.
VIOLATION OF ACT CONSTITUTES A MISDEMEANOR SUBJECT TO A FINE OF
NOT LESS THAN $500, OR IMPRISONMENT FOR NOT LESS THAN 30 DAYS,
NOR MORE THAN 90 DAYS; OR BOTH FINE AND IMPRISONMENT. INJUNCTIVE
PROCEEDINGS BY COMMISSION AUTHORIZED, NOT WITHSTANDING AVAILABILITY
OF OTHER LEGAL REMEDIES.
LOUISIANA PESTICIDE CONTROL ACT
(SESSION LAWS, 1975, PAGE 574; ACT 778, 1975; HOUSE BILL 1631)
REGISTRATION LAW
(LA. REV. STAT., S 3-1601 TO 3-1609, 1975)
LOUISIANA HORTICULTURAL LAWS
(LA. REV. STAT., S 37-1961 TO 37-1975, 1975)
1975
18f
LOUISIANA
-------
(ME-19-02-01)
MAINE
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
BOARD OF PESTICIDES CONTROL
(ME. REV. STAT. ANN., TIT. 22, S 1471A TO 1471M, SUPP. 1975)
UNLAWFUL TO:
1. ENGAGE IN CUSTOM APPLICATION OF PESTICIDES WITHOUT A LICENSE
FROM THE BOARD OF PESTICIDE CONTROL, OR TO USE OR SUPERVISE THE USE OF
A RESTRICTED USE PESTICIDE UNLESS CERTIFIED.
2. APPLY PESTICIDES TO OR IN STREAMS, RIVERS OR PONDS, WITHOUT A
PERMIT FROM THE BOARD.
3. SELL OR DISTRIBUTE (DEALERS) UNLESS LICENSED.
STRUCTURAL PEST CONTROL, CERTAIN STATE FORESTRY ACTIVITIES, LICENSED
ARBORISTS. MUNICIPALITIES APPLYING PESTICIDES SHALL HAVE AT LEAST
ONE LICENSED EMPLOYEE. ANY PERSON DESIRING TO USE OR APPLY
A RESTRICTED USE PESTICIDE MUST BE CERTIFIED.
INSECTICIDES AND FUNGICIDES
HERBICIDES
PLANT REGULATORS, DEFOLIANTS,
OR DESICCANTS
OTHER CATEGORIES AUTHORIZED
GROUND, AERIAL
GROUND, AERIAL, AQUATIC
GROUND, AERIAL
GROUND, AERIAL, AQUATIC
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
1975
ADEQUATE KNOWLEDGE REQUIRED, TO CONFORM WITH FEDERAL STANDARDS.
FORM TO SHOW QUALIFICATIONS AND "OTHER RELEVANT MATTERS."
WRITTEN AND DEMONSTRATION REQUIRED FOR COMMERCIAL APPLICATORS
AND DEALERS. PRIVATE APPLICATORS TO BE CERTIFIED AS COMPETENT.
$10 ANNUALLY.
LICENSE ISSUED FOR CALENDAR YEAR. MAY BE SUSPENDED FOR CAUSE
AFTER HEARING.
UPON PAYMENT OF $10 FEE AND FURNISHING PREVIOUS YEARS REPORTS OF
PESTICIDE APPLICATION.
PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
19a
MAINE
-------
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
NO
REQUIRE PURCHASE PERMITS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE IS ESTABLISHED A BOARD OF PESTICIDES CONTROL TO BE COMPOSED
OF THE COMMISSIONER OF AGRICULTURE, THE COMMISSIONER OF HEALTH AND
WELFARE, THE DIRECTOR OF THE BUREAU OF FORESTRY, THE COMMISSIONER
OF INLAND FISHERIES AND GAME, THE COMMISSIONER OF MARINE RESOURCES,
THE CHAIRMAN OF THE PUBLIC UTILITIES COMMISSION, THE COMMISSIONER OF
TRANSPORTATION AND THE COMMISSIONER OF ENVIRONMENTAL PROTECTION.
THE COMMISSIONERS OF THE STATE DEPARTMENTS MAY APPOINT AGENTS TO
SERVE IN THEIR ABSENCE. THE BOARD SHALL ELECT ANNUALLY A CHAIRMAN
FROM ITS OWN MEMBERSHIP AND BE AUTHORIZED TO EMPLOY NECESSARY
PERSONNEL."
DEFINITIONS:
1. AGRICULTURAL COMMODITY 15.
2. AIRCRAFT 16.
3. BOARD 17.
4. CERTIFIED APPLICATOR 18.
5. COMMERCIAL APPLICATOR 19.
6. DEFOLIANT 20.
7. DESICCANT 21.
8. DISTRIBUTE 22.
9. FIFRA 23.
10. FUNGI 24.
11. FUNGICIDE
12. GROUND EQUIPMENT 25.
13. HERBICIDES
14. INSECT
INSECTICIDE
LIMITED USE PESTICIDE
PERSON
PEST
PESTICIDE
PESTICIDE DEALER
PLANT REGULATOR
PRIVATE APPLICATOR
RESTRICTED USE PESTICIDE
UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
WEED
FINANCIAL
RESPONSIBILITY:
REQUIRED: AMOUNTS TO BE ESTABLISHED BY REGULATION
GROUND APPLICATION - PUBLIC LIABILITY
PROPERTY DAMAGE
AIRCRAFT APPLICATION - PUBLIC LIABILITY
PROPERTY DAMAGE
$ 20,000/40,000
10,000/25,000
50,000/100,000
25,000/50,000
1975
19b
MAINE
-------
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE.
VIOLATION OF THE LAW OR REGULATIONS IS A MISDEMEANOR SUBJECT TO A
FINE OF NOT MORE THAN $500 FOR THE FIRST OFFENSE, AND NOT LESS THAN
$500 FOR EACH SUBSEQUENT OFFENSE. EACH DAY OF OPERATION WITHOUT A
LICENSE OR A PERMIT IS A SEPARATE OFFENSE.
MAINE PESTICIDE CONTROL ACT OF 1975 (REGISTRATION LAW)
(SESSION LAWS 1975, PAGE 469, CH. 382, HOUSE BILL 653)
"UNIFORM HAZARDOUS SUBSTANCES LABELING ACT"
(ME. REV. STAT. ANN., TIT. 7, S 501 TO 513, 1964)
ARBORIST LAW
(ME. REV. STAT. ANN., TIT. 32, 1964)
DEPARTMENT OF ENVIRONMENTAL PROTECTION
(ME. REV. STAT. ANN., TIT. 12, S 5011, 1964)
(PUBLIC LAWS 1971, CH. 489)
CERTAIN ENVIRONMENTALLY ORIENTED BOARDS AND COMMISSIONS ARE INCLUDED
IN THIS NEW DEPARTMENT; HOWEVER, IT DOES NOT INCLUDE THE BOARD OF
PESTICIDE CONTROL; THE BOARD REMAINS A SEPARATE ENTITY.
PEST CONTROL COMPACT
(ME. REV. STAT. ANN., TIT. 12, S 1111 TO 1128, 1964)
(PUBLIC LAWS 1967, CH. 485)
1975
19c
MAINE
-------
(MD-20-02-01)
MARYLAND
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
MARYLAND PESTICIDE APPLICATORS LAW
(MD. AGRI. CODE ANN., S 5-201 TO 5-211, SUPP. 1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES OR TO
ACT AS A PEST CONTROL CONSULTANT UNLESS LICENSED BY THE DEPARTMENT
OF AGRICULTURE. PRIVATE APPLICATORS SHALL OBTAIN A CERTIFICATE
AND RENEW IT PERIODICALLY.
MANUAL LABORERS (UNDER SUPERVISION).
1. BIRD CONTROL
2. FUMIGATION
3. GENERAL PEST CONTROL
A. LAWN OR ORNAMENTAL
PLANT PEST CONTROL
5. RODENT CONTROL
6. TERMITE CONTROL
7. WEED CONTROL
8. OTHERS MAY BE ESTABLISHED
BY REGULATIONS
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
1. TWO YEARS OF EXPERIENCE, OR,
2. A DEGREE OR CERTIFICATION FROM AN ACCREDITED COLLEGE, OR
3. A COMBINATION OF 1 AND 2 ABOVE EQUIVALENT TO TWO YEARS OF
PRACTICAL EXPERIENCE. ONE YEAR OF TRAINING MAY EQUAL ONE
YEAR OF EXPERIENCE.
WRITTEN, ON ESTABLISHED FORM.
ORAL OR WRITTEN, OR BOTH ORAL AND WRITTEN REQUIRED BY THE ACT.
CUSTOM APPLICATOR, PEST CONTROL .CONSULTANT, AND PEST CONTROL
APPLICATOR LICENSE FEE IS $50 PER ANNUM, PLUS $25 FOR EACH
CATEGORY IN EXCESS OF ONE. PRIVATE APPLICATORS FEE TO BE
SET BY REGULATION NOT TO EXCEED $7.00.
EXAMINATION FEE (INITIAL)
SUBSEQUENT EXAMINATIONS
PRIVATE APPLICATORS
BUSINESS LICENSE
NONE
$ 10.00
NONE
50.00
ISSUANCE
RENEWAL
UPON PASSING AN EXAMINATION. EXPIRE JUNE 30.
MUST DEMONSTRATE CONTINUED PROOF OF SATISFACTORY KNOWLEDGE OF
PESTICIDES, AND ATTEND REQUIRED TRAINING COURSES.
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
ENTER AND INSPECT PROPERTY
PUBLISH INFORMATION
PROVISIONS FOR RECIPROCITY.
YES
YES
YES
YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
1975
20a
MARYLAND
-------
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE
EQUIPMENT
YES
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
REQUIRE PURCHASE PERMITS NO POST TREATED AREAS
PESTICIDE BOARD: MARYLAND PESTICIDE ADVISORY BOARD.
YES
NO
YES
YES
YES
YES
YES
YES
YES
NO
NO
NO
NO
NO
DEFINITIONS:
(LAW) (REGULATION)
FINANCIAL
RESPONSIBILITY:
1. APPLICATION 1.
2. BOARD 2.
3. CERTIFIED APPLICATOR 3.
4. CUSTOM APPLICATOR 4.
5. DEFOLIANT
6. DESICCANT 5.
7. DEVICE 6.
8. GENERAL USE PESTICIDE 7.
9. PEST 8.
10. PEST CONTROL CONSULTANT 9.
11. PEST CONTROL OPERATOR 10.
12. PESTICIDE 11.
13. PRIVATE APPLICATOR
14. PUBLIC AGENCY APPLICATOR
15. RESTRICTED USE PESTICIDE
16. REGISTERED EMPLOYEE
17. SUPERVISION
PUBLIC LIABILITY, EACH PERSON
PUBLIC LIABILITY, EACH OCCURRENCE
PROPERTY DAMAGE, EACH OCCURRENCE
PROPERTY DAMAGE, AGGREGATE
BRANCH OFFICE
CERTIFIED PEST CONTROL OPERATOR
DEPARTMENT
DIRECT SUPERVISION OR
SUPERVISION
FUMIGANT
LICENSEE
PERSON OR BUSINESS
PEST CONTROL LICENSE
PLACE OF BUSINESS
REGISTERED EMPLOYEE
SPACE SPRAY
$ 100,000.00
300,000.00
15,000.00
30,000.00
20b
1975
MARYLAND
-------
PENALTIES:
CIVIL NONE (SECRETARY MAY PLACE LICENSEES ON PROBATION).
CRIMINAL VIOLATION OF THE LAW OR REGULATIONS CONSTITUTES A MISDEMEANOR
SUBJECT TO A FINE NOT TO EXCEED $1,000, OR IMPRISONMENT OF NOT
MORE THAN 60 DAYS, OR BOTH FINE AND IMPRISONMENT.
RELEVANT LAWS: "MARYLAND PESTICIDE REGISTRATION AND LABELING LAW"
(MD. AGRI. CODE ANN., S 5-101 TO 5-114, 1974)
20c
1975 MARYLAND
-------
(MA-21-02-01)
MASSACHUSETTS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
PESTICIDE BOARD - APPLICATION OF PESTICIDES
(MASS. ANN. LAWS, CH. 94B, S 21A TO 22, SUPP. 1975)
UNLAWFUL TO APPLY PESTICIDES "ON THE LAND OF ANOTHER" UNLESS LICENSED
BY THE PESTICIDE BOARD.
FARMERS ARE EXEMPT FROM LICENSING, BUT ARE REQUIRED TO USE PESTI-
CIDES ONLY IN ACCORDANCE WITH LABEL DIRECTIONS. ALL PERSONS
MAY BE REQUIRED TO OBTAIN A PERMIT FOR CERTAIN PESTICIDES.
ALL APPLICANTS MUST BE 16 YEARS OF AGE OR OVER. TWO CLASSES OF
LICENSES ARE ESTABLISHED: (1) OPERATIONAL, (2) SUPERVISORY.
CERTAIN EDUCATIONAL OR EXPERIENCE PREREQUISITES ESTABLISHED, INCLUD-
ING EXPERIENCE AT OPERATIONAL LEVEL, PRIOR TO ELIGIBILITY FOR SUPER-
VISORY LICENSE.
NOT SPECIFIED IN ACT. (PROVIDED FOR IN RULES AND REGULATIONS.)
NOT SPECIFIED IN ACT. (PROVIDED FOR IN RULES AND REGULATIONS.)
THE LAW SPECIFIES THAT THE ANNUAL FEE SHALL NOT EXCEED $5. REGULA-
TIONS ESTABLISH SUPERVISORY LICENSE FEE OF $5 AND OPERATIONAL LICENSE
FEE OF $3. REGULATIONS PROVIDE THAT FEE MAY BE REQUIRED. FEES
INSTITUTED AT BEGINNING (OCTOBER 21, 1975) OF RENEWAL CYCLE.
"LICENSES SHALL BE GRANTED TO THOSE WHO MEET THE REQUIREMENTS OF
THE BOARD ... AND WHO ACHIEVE A SATISFACTORY MARK ON AN EXAMINA-
TION ..., SUCH LICENSES SHALL REMAIN IN FORCE FOR A PERIOD OF TWO
YEARS ..." (WHOLESALERS AND DISTRIBUTORS MUST BE LICENSED BY THE
DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING BEFORE SELLING AND
DEALING IN PESTICIDES.)
EVERY TWO YEARS.
PROVISION FOR RECIPROCITY.
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
YES
NO
21a
1975
MASSACHUSETTS
-------
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
YES
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION NO
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
"THERE SHALL BE IN THE DEPARTMENT (ENVIRONMENTAL QUALITY ENGINEERING)
A PESTICIDE BOARD, HEREINAFTER REFERRED TO AS THE BOARD, CONSISTING OF
THE COMMISSIONER, WHO SHALL BE THE CHAIRMAN, THE COMMISSIONER OF NAT-
URAL RESOURCES, THE COMMISIONER OF AGRICULTURE, THE COMMISSIONER OF
PUBLIC WORKS, THE DIRECTOR OF THE DIVISION OF FISHERIES AND GAME, THE
CHAIRMAN OF THE STATE RECLAMATION BOARD, OR THEIR DESIGNEES, AND FIVE
MEMBERS TO BE APPOINTED BY THE GOVERNOR. THE APPOINTIVE MEMBERS SHALL
SERVE FOR TERMS COTERMINOUS WITH THE GOVERNOR. SAID APPOINTIVE MEM-
BERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL RECEIVE THEIR NECES-
SARY EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. THE BOARD
SHALL MEET AT LEAST FOUR TIMES ANNUALLY AND FROM TIME TO TIME AT THE
CALL OF THE CHAIRMAN OR UPON WRITTEN REQUEST OF ANY TWO MEMBERS OF THE
BOARD. ALL DECISIONS OF THE BOARD SHALL BE BY MAJORITY VOTE AND SHALL
BE EXECUTED AND ADMINISTERED BY THE COMMISSIONER, EXCEPT AS OTHERWISE
PROVIDED."
1. APPLICATION OF PESTICIDES
2. BOARD
3. DISPOSAL
4. FARMER
5. LAND OF ANOTHER
6. OPERATIONAL LICENSE
7. PESTICIDE
8. SUPERVISORY LICENSE
9. SURFACE WATERS AND THEIR TRIBU-
TARIES USED FOR PUBLIC WATER
SUPPLY
10. WATERSHED OF PUBLIC WATER
SUPPLY
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
NOT SPECIFIED IN ACT.
NONE.
VIOLATION OF ACT SUBJECT TO A FINE OF NOT MORE THAN $500, OR BY
IMPRISONMENT FOR NOT MORE THAN TWO MONTHS OR BOTH FINE AND IMPRISON-
MENT. VIOLATION OF REGULATIONS OF THE BOARD SUBJECT TO A FIRST
OFFENSE FINE OF $100, AND A SUBSEQUENT OFFENSE FINE NOT EXCEEDING
$500.
21b
1975
MASSACHUSETTS
-------
RELEVANT LAWS: PESTICIDES LAW (REGISTRATION LAW)
(MASS. ANN. LAWS, CH. 94B, S 11 TO 21, SUPP. 1975)
HAZARDOUS SUBSTANCES
(MASS. ANN. LAWS, CH. 94B, S 1 TO 10, 1967)
APPLIES TO HAZARDOUS MATERIALS OTHER THAN PESTICIDES.
CONTROL OF PLANT PESTS
(MASS. ANN. LAWS, CH. 128, S 16 ET SEQ., 1967)
DIVISION OF ENVIRONMENTAL PROTECTION
(MASS. ANN. LAWS, CH. 12, S 11D, SUPP. 1972)
(ACTS 1972, CH. 781)
REQUIRES PREPARATION OF ENVIRONMENTAL IMPACT REPORTS (INCLUDING
"PESTICIDE POLLUTION")
21c
1975 MASSACHUSETTS
-------
(MI-22-02-01)
MICHIGAN
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
PESTICIDE APPLICATOR'S LAW
(MICH. STAT. ANN., S 12.353(1) TO 12.353(10), 1973)
UNLAWFUL TO APPLY PESTICIDES COMMERCIALLY UNLESS LICENSED BY THE
DIRECTOR OF AGRICULTURE.
PROPERTY OWNERS OR THEIR EMPLOYEES, FARMERS TRADING WITH OTHER
FARMERS, MUNICIPALITIES, ROAD COMMISSIONS OR STATE OR FEDERAL
AGENCIES.
1. AERIAL APPLICATION
2. AQUATIC PEST CONTROL
3. BRUSH CONTROL AND
SOIL STERILANT
4. MOSQUITO AND PUBLIC
HEALTH PEST CONTROL
5. SPACE FUMIGATION
6. CONTROL OF PEST
RELATED TO STRUCTURES
7. VERTEBRATE CONTROL
8. ANIMAL PEST CONTROL
9. FIELD CROP PEST CONTROL
10. FRUIT CROP PEST CONTROL
11. LAWN, GARDEN AND ORNAMENTAL
PEST CONTROL
12. FOREST AND SHADE TREE
PEST CONTROL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
1975
DIRECTOR MUST FIND APPLICANT QUALIFIED BY A WRITTEN EXAMINATION AND
THAT HE MEETS MINIMUM FINANCIAL RESPONSIBILITY REQUIREMENTS.
ON FORMS FURNISHED BY THE DIRECTOR.
WRITTEN EXAMINATIONS IN EACH CATEGORY OF OPERATION.
LICENSE $20, RENEWABLE ANNUALLY JANUARY 1; RESTRICTED USE PESTI-
CIDE DEALER $50, RENEWABLE ANNUALLY JANUARY 1.
UPON PASSING WIRTTEN EXAMINATION, WITH A SCORE OF 70%.
UPON PAYMENT OF FEE; DIRECTOR MAY REQUIRE REEXAMINATION IF NEW
KNOWLEDGE OR TECHNIQUES DEVELOPED.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
YES
YES
NO
NO
NO
NO
NO
NO
22a
MICHIGAN
-------
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE NO
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION NO
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS NO
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
FIVE-MEMBER ADVISORY COMMITTEE CREATED CONSISTING OF DIRECTOR OF
NATURAL RESOURCES, DIRECTOR OF PUBLIC HEALTH, DIRECTOR OF AERO-
NAUTICS, DIRECTOR OF THE PESTICIDES RESEARCH CENTER, MICHIGAN STATE
UNIVERSITY, AND THE EXECUTIVE SECRETARY OF THE WATER RESOURCES
COMMISSION (OR THEIR DESIGNEE).
1. AIRCRAFT
2. DEFOLIANT
3. DESICCANT
4. DIRECTOR
5. ECONOMIC POISON
6. EQUIPMENT
7. FUNGI
8. FUNGICIDE
9. GROUND EQUIPMENT
APPLICATOR
(GENERAL)
BRUSH CONTROL,
SOIL STERILANT,
FOREST AND SHADE
TREE PEST CONTROL
AERIAL APPLICATORS
SPACE FUMIGATION
10. HERBICIDE
11. INSECT
12. INSECTICIDE
13. NEMATOCIDE
14. NEMATODE
15. PERSON
16. PLANT REGULATOR
17. WEED
LIABILITY
INSURANCE
$20,000/40,000
20,000/40,000
50,000/100,000
PROPERTY
DAMAGE
$10,000
25,000
25,000
CORPORATE
SURETY BOND
OR EQUIVALENT
$2,000
5,000
5,000
NONE.
VIOLATION OF ACT OR REGULATION IS A MISDEMEANOR.
MICHIGAN 2,4-D ACT
(MICH. STAT. ANN., S 12.366, 1967)
1975
22b
MICHIGAN
-------
PERMITS ESTABLISHMENT OF DESIGNATED AREAS WITHIN WHICH THE USE OF
CERTAIN HERBICIDES MAY BE PROHIBITED (GRAPE VINEYARDS).
"INSECTICIDE FUNGICIDE AND RODENTICIDE ACT OF 1949" (REGISTRATION LAW)
(MICH. STAT. ANN., S. 12-352(1) TO 12-352(13), 1973)
AUTHORIZES THE DIRECTOR OF AGRICULTURE TO DECLARE RESTRICTED USE
PESTICIDES, LICENSE DEALERS IN RESTRICTED USE PESTICIDES, AND TO
LIMIT SALES OF RESTRICTED USE PESTICIDES TO LICENSED APPLICATORS,
GOVERNMENT AGENCIES OR OTHER COMPETENT PERSONS.
22c
1975 MICHIGAN
-------
(MN-23-02-01)
MINNESOTA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
MINNESOTA SPRAYING AND DUSTING LAW
(MINN. STAT., S 18.031 TO 18.036, 1971)
UNLAWFUL TO:
1. SPRAY OR DUST FOR HIRE UNLESS LICENSED BY THE COMMISSIONER OF
AGRICULTURE;
2. SELL RESTRICTED USE PESTICIDES UNLESS A LICENSED DEALER.
HOMEOWNERS AND FARMERS ON OWN PREMISES, OR ON NEIGHBORS' PREMISES
WHEN NOT FOR HIRE; LICENSED PHYSICIANS, DENTISTS, OR VETERINARIANS
PRESCRIBING, DISPENSING, OR ADMINISTERING PESTICIDES IN THEIR
PRACTICE.
AERIAL APPLICATORS
AQUATIC APPLICATORS
CUSTOM APPLICATORS
DETERMINED BY COMMISSIONER TO BE "QUALIFIED."
TO BE MADE ON FORM PROVIDED BY COMMISSIONER.
WRITTEN.
ORIGINAL LICENSE OR RENEWAL
EACH IDENTIFICATION CARD FEE
LATE RENEWAL PENALTY (PLUS)
(RESTRICTED USE PESTICIDE DEALER'S LICENSE FEE
$ 5.00
5.00
50%
20.00)
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ISSUED ANNUALLY ON CALENDAR YEAR BASIS. AERIAL APPLICATORS TO HAVE
PASSED ADDITIONAL EXAMINATION PREPARED BY DEPARTMENT OF AERONAUTICS;
PERSONS APPLYING PESTICIDES TO PUBLIC WATERS MUST HAVE PASSED EX-
AMINATION PREPARED BY DEPARTMENT OF NATURAL RESOURCES.
RENEWABLE BY EXAMINATION OR BY EVIDENCE OF HAVING COMPLETED APPROVED
TRAINING.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
1975
23a
MINNESOTA
-------
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
NO
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE.
(LAW)
1. PERSON
2. PESTICIDES
3. SPRAYING OR DUSTING
OPERATIONS FOR HIRE
NOT SPECIFIED IN ACT.
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
(REGULATION)
1. APPROVED AGENCY
2. AUTHORIZED AGENT
3. COMMISSIONER
4. EQUIPMENT
5. RESTRICTED USE PESTICIDE
NONE.
VIOLATION OF THE ACT IS A MISDEMEANOR. LICENSES MAY BE DENIED,
SUSPENDED OR REVOKED AFTER NOTICE AND A HEARING FOR ANY VIOLATION
OF THE ACT.
MINNESOTA ECONOMIC POISONS AND DEVICES LAW (REGISTRATION LAW)
(MINN. STAT., S 24.069 TO 24.077, 1971)
STRUCTURAL PEST CONTROL
(MINN. STAT., S 18A.01 TO ISA.11, 1971)
INTERSTATE PEST CONTROL COMPACT
(MINN. STAT., S 18.62 TO 18.71, 1969)
"HAZARDOUS SUBSTANCES LABELING ACT"
(MINN. STAT., S 34.32 TO 24.42, 1969)
1975
23b
MINNESOTA
-------
(MN-23-03-01)
MINNESOTA
TITLE:
PROHIBITED ACTS:
STRUCTURAL PEST CONTROL
(MINN. STAT., S ISA.01 TO ISA.11, 1971)
UNLAWFUL TO ENGAGE IN STRUCTURAL PEST CONTROL FOR HIRE UNLESS LICENSED
BY COMMISSIONER OF AGRICULTURE; AND "COMPANIES" (BUSINESS ENTITIES)
TO BE LICENSED BY THE COMMISSIONER, OR BY POLITICAL SUBDIVISIONS
OF THE STATE AND REGISTERED WITH THE COMMISSIONER.
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
PERSONS WORKING ON THEIR OWN PROPERTY, PROVIDED THEY ARE OTHERWISE
IN COMPLIANCE WITH THE ACT; AND STATE, FEDERAL AND LOCAL AGENCIES,
INCLUDING THE METROPOLITAN MOSQUITO CONTROL DISTRICT, IN THE SCOPE
OF THEIR EMPLOYMENT.
1. FUMIGATOR
2. JOURNEYMAN STRUCTURAL PEST CONTROL OPERATOR
3. MASTER STRUCTURAL PEST CONTROL OPERATOR
4. STRUCTURAL PEST CONTROL OPERATOR'S APPRENTICE
ADEQUATE TRAINING, EXPERIENCE, TECHNICAL AND WORKING KNOWLEDGE,
FAMILIARITY WITH TOXIC EFFECTS OF PESTICIDES, AND KNOWLEDGE OF
PESTICIDES, AND KNOWLEDGE OF PESTICIDE LAWS AND REGULATIONS.
IN WRITING, ON FORMS PROVIDED BY COMMISSIONER.
ORAL OR WRITTEN, OR BOTH ORAL AND WRITTEN AND A PRACTICAL DEMONSTRA-
TION MAY BE REQUIRED. FREQUENCY OF EXAMINATIONS NOT SPECIFIED IN
LAW OR REGULATION, APPLICANT NOTIFIED OF TIME AND DATE BY COMMISSIONER.
INDIVIDUALS STEADILY EMPLOYED IN STRUCTURAL PEST CONTROL WORK FOR ONE
YEAR PRIOR TO JANUARY 1, 1970, (EFFECTIVE DATE OF THIS ACT) EXEMPT
FROM INITIAL EXAMINATION.
APPLICATION (TO TAKE EXAMINATION)
EXMINATION FEE
LICENSE
REGISTRATION WITH COMMISSIONER:
A. APPLICANT WITH A BUSINESS LICENSE FROM A
POLITICAL SUBDIVISION
B. APPLICANT WITHOUT A BUSINESS LICENSE
FROM A POLITICAL SUBDIVISION
C. EMPLOYEE REGISTRATION - ORIGINAL
D. EMPLOYEE REGISTRATION - RENEWAL
DELINQUENT PAYMENT FEES (PENALTY)
DELINQUENCY BEYOND THREE MONTHS
UPON SUCCESSFUL COMPLETION OF EXAMINATION.
$ NONE
NONE
5.00
10.00
50.00
00
00
50%
AS FOR NEW
RENEWAL OF MASTER OR JOURNEYMAN LICENSE SUBJECT TO LICENSEE ATTENDING
AN ANNUAL PROGRAM OF CONTINUING EDUCATION, APPROVED BY COMMISSIONER.
NO PROVISION FOR RECIPROCITY.
YES
YES
ENFORCE THE ACT
RESTRICT USAGE
YES
YES
1975
23c
MINNESOTA
-------
ENTER AND INSPECT PROPERTY
PUBLISH INFORMATION
REGULATE STORAGE, TRANSPORTA-
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE
EQUIPMENT
ADMINISTER OATHS
REPORTS OF LOSS
REQUIRE USE PERMITS
DECLARE RESTRICTED
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
OPEN FOR INSPECTION
WRITTEN RECOMMENDATIONS
FROM ADVISORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NONE
YES
NO
YES
NO
NO
NO
NO
YES
YES
NO
YES
NO
NO
NO
NO
NO
NO
COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RECORDS/REPORTS YES
KEEP TWO YEARS
SUBMIT COPIES YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
ADVISORY COMMITTEE: "THERE IS HEREBY CREATED A MINNESOTA STRUCTURAL
PEST CONTROL ADVISORY COMMITTEE ... (TO ADVISE THE COMMISSIONER) ...
OF NOT MORE THAN 13 MEMBERS APPOINTED BY THE COMMISSIONER ... THREE
REPRESENTING STATE AND MUNICIPAL HEALTH DEPARTMENTS; THREE LICENSEES
(ONE DESIGNATED BY THE MINNESOTA PEST CONTROL ASSOCIATION); AT LEAST
ONE REPRESENTING THE FOOD INDUSTRY; AND AT LEAST ONE REPRESENTATIVE
OF THE MINNESOTA DEPARTMENT OF AGRICULTURE ... THE COMMISSIONER (OR
DESIGNEE) SERVES AS EX OFFICIO MEMBER AND CHAIRMAN ... MEMBERS SERVE
WITHOUT COMPENSATION."
DEFINITIONS:
(LAW)
(REGULATION)
1. APPROVED AGENCY 1. ACT
2. COMMISSIONER (OF AGRICULTURE) 2. APPROVED AGENCY
3. PERSON
4. PEST
5. STRUCTURAL PEST CONTROL
6. STRUCTURE
3. DEVICE
4. ECONOMIC
5. FUMIGANT
6. FUMIGATION
7. FUMIGATION VAULT
8. FUMIGATOR
9. JOURNEYMAN STRUCTURAL
PEST CONTROL OPERATOR
1975
23d
MINNESOTA
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
10. MASTER STRUCTURAL
PEST CONTROL OPERATOR
11. POLLUTION
12. PROOF OF FINANCIAL
RESPONSIBILITY
13. REGISTERED APPROVED USES
14. STRUCTURAL PEST CONTROL:
A. BOND
B. COMPANY
C. LIABILITY INSURANCE POLICY
D. OPERATOR'S APPRENTICE,
TRAINEE, OR ASSISTANT
(LAW) IN SUCH AMOUNTS AS THE COMMISSIONER MAY REQUIRE
(REGULATION) LIABILITY INSURANCE:
BODILY INJURY (ONE PERSON) $ 100,000.00
BODILY INJURY (TWO OR MORE PERSONS) 200,000.00
PROPERTY DAMAGE (ONE OCCURRENCE) 10,000.00
OR:
STRUCTURAL PEST CONTROL BOND CERTIFYING PROOF OF LICENSEES ABILITY
TO MEET ALL FINANCIAL RESPONSIBILITIES.
NONE.
VIOLATION OF ACT OR REGULATION CONSTITUTES A MISDEMEANOR SUBJECT TO
PUNISHMENT AS PRESCRIBED BY LAW.
MINNESOTA SPRAYING AND DUSTING LAW
(MINN. STAT., S 18.031 TO 18.036, 1971)
MINNESOTA ECONOMIC POISONS AND DEVICES LAW (REGISTRATION LAW)
(MINN. STAT., S 24.069 TO 24.077, 1971)
1975
23e
MINNESOTA
-------
(MS-24-02-01)
MISSISSIPPI
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
APPLICATION OF HORMONE-TYPE HERBICIDES BY AIRCRAFT
(MISS. CODE ANN., S 69.21-1 TO 69.21-27, (1972)
UNLAWFUL TO ENGAGE IN THE APPLICATION OF HORMONE-TYPE HERBICIDES BY
AIRCRAFT UNLESS LICENSED BY THE COMMISSIONER OF AGRICULTURE AND
COMMERCE THROUGH HIS AGENT, THE STATE ENTOMOLOGIST.
APPLICATION OF HERBICIDES BY MEANS OTHER THAN AIRCRAFT. (STATE AND
FEDERAL AGENCIES EXEMPT BY REGULATION.)
WEED CONTROL IN RICE
WEED CONTROL IN SOYBEANS
WEED AND BRUSH CONTROL ON R-O-W
WEED AND BRUSH CONTROL ON PASTURE, RANGELAND, SMALL GRAINS AND
OTHER FARM CROPS, EXCEPT RICE
GENERAL APPLICATION OF HORMONE TYPE HERBICIDES
ADEQUATE KNOWLEDGE CONCERNING PROPER USE AND AERIAL APPLICATION OF
HERBICIDES.
ON FORM PROVIDED BY THE COMMISSIONER TO INCLUDE INFORMATION ON
APPLICANT'S QUALIFICATIONS AND PROPOSED OPERATIONS.
AN EXAMINATION IS REQUIRED.
NOT SPECIFIED IN ACT; NONE.
IF APPLICANT FOUND QUALIFIED, LICENSE ISSUED FOR PERIOD OF TIME
PRESCRIBED BY REGULATION (BY REGULATION, LICENSES EXPIRE
DECEMBER 31 OR BEFORE IF SO REQUESTED).
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
RECIPROCITY PROVIDED.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
YES
NO
YES
1975
24a
MISSISSIPPI
-------
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE NO
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
LICENSE DEALERS NO
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NO
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
ADVISORY BOARD (DIVISION OF PLANT INDUSTRY ADVISORY BOARD).
1. COMMISSIONER
2. HORMONE-TYPE HERBICIDES
FIDELITY BOND, INSURANCE POLICY, "OR OTHER SECURITY SATISFACTORY TO
THE COMMISSIONER" REQUIRED IN AN AMOUNT NOT LESS THAN $10,000 FOR
EACH AIRCRAFT. (REGULATIONS REQUIRE $10,000, EXCEPT APPLICATION OF
INVERT EMULSIONS WHICH REQUIRES $20,000.)
NONE.
VIOLATION CONSTITUTES A MISDEMEANOR SUBJECT TO A FINE OF NOT MORE
THAN $500 FOR EACH OFFENSE.
"MISSISSIPPI PESTICIDE LAW OF 1975" (REGISTRATION LAW)
(SESSION LAWS, 1975; CHAPT. 319, PAGE 65)
"AGRICULTURAL AVIATION LICENSING ACT OF 1966"
(MISS. CODE ANN., S 69-21-101 TO 69-21-125, 1972)
"MISSISSIPPI PEST CONTROL LAW" (PROFESSIONAL SERVICES)
(MISS. CODE ANN., S 69-19-1 TO 69-19-11, SUPP. 1974)
"MISSISSIPPI PESTICIDE APPLICATION ACT OF 1975"
(SESSION LAWS, 1975; CHAPT. 318, PAGE 83)
1975
24b
MISSISSIPPI
-------
(MS-24-02-02)
MISSISSIPPI
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
MISSISSIPPI PEST CONTROL LAW (PROFESSIONAL SERVICES)
(MISS. CODE ANN., S 69.19-1 TO 69.19-11, SUPP. 1974)
UNLAWFUL TO ENGAGE IN:
1. ENTOMOLOGICAL WORK
2. PATHOLOGICAL WORK
3. HORTICULTURAL OR FLORICULTURAL WORK
4. TREE SURGERY WORK
5. WEED CONTROL WORK
AS A PROFESSION OR TO SOLICIT BUSINESS IN SUCH FIELDS, UNLESS
LICENSED BY THE COMMISSIONER.
"... ANY PERSON EMPLOYED BY THE OWNERS OR OTHERS IN POSSESSION OF
PROPERTY ... UNDER SUPERVISION IN GRAFTING, SPRAYING, DUSTING
COTTON ... (ETC.)."
A. PEST CONTROL OPERATORS, TREE SURGEONS, LANDSCAPE DESIGNERS:
TERMITE AND OTHER STURCTURAL PESTS
ORCHARD PESTS
HOME, INDUSTRY, AND BUSINESS PESTS
ORNAMENTAL PLANT PESTS
DOMESTIC ANIMAL PESTS
TREE SURGERY
HORTICULTURAL AND FLORICULTURAL WORK
B. ENTOMOLOGICAL, PLANT PATHOLOGICAL, AND WEED CONTROL CONSULTANTS:
ENTOMOLOGICAL CONSULTANT
AGRICULTURAL ENTOMOLOGY
AGRICULTURAL ENTOMOLOGY - CROPS
FOREST ENTOMOLOGY
HOUSEHOLD, STRUCTURAL AND INDUSTRIAL ENTOMOLOGY
MEDICAL, VETERINARY AND PUBLIC HEALTH ENTOMOLOGY
ORCHARD AND NUT TREE ENTOMOLOGY
ORNAMENTAL ENTOMOLOGY
PLANT PATHOLOGICAL CONSULTANT
FOREST PLANT PATHOLOGY - AGRICULTURAL PLANT PATHOLOGY
ORCHARD AND NUT TREE PLANT PATHOLOGY
ORNAMENTAL AND SHADE TREE PLANT PATHOLOGY
WEED CONTROL CONSULTANTS
AGRICULTURAL WEED CONTROL
AQUATIC WEED CONTROL
FOREST AND R-O-W WEED CONTROL
ORNAMENTAL AND TURF WEED CONTROL - INDUSTRIAL AND COMMERCIAL SITES
COLLEGE GRADUATE, WITH 15 HOURS IN FIELD OF EXAMINATION; OR TWO YEARS
OF COLLEGE, WITH SPECIAL TRAINING IN FIELD OF EXAMINATION; OR HIGH
SCHOOL GRADUATE WITH 4 YEARS EXPERIENCE WITH LICENSED OPERATOR (WITHIN
LAST 6 YEARS). PROVISION FOR SPECIAL CASES. CONSULTANTS REQUIRED
TO HAVE PH.D. OR MASTERS; OR BACHELOR DEGREE PLUS 1 YEAR EXPERIENCE
OR DEGREE PLUS 15 HOURS TRAINING IN FIELD, PLUS EXPERIENCE.
1975
24c
MISSISSIPPI
-------
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
IN WRITING ON FORM PROVIDED BY THE BOARD, PLUS STATEMENTS AS TO
TRAINING AND EXPERIENCE.
ORAL AND WRITTEN.
"NO FEE SHALL BE REQUIRED FOR THE LICENSE."
UPON PASSING EXAMINATION AND FURNISHING INFORMATION REGARDING
BUSINESS PRACTICES.
LICENSES VALID FOR INDEFINITE PERIOD; HOWEVER CONSULTANTS
LICENSES EXPIRE ANNUALLY, DECEMBER 31.
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
NO
PROVISION FOR RECIPROCITY.
REQUIRE PURCHASE PERMITS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
NONE.
24d
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY;
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. ENTOMOLOGICAL WORK
2. HORTICULTURAL AND
FLORICULTURAL WORK
3. PERSON
4. PLANT PATHOLOGICAL WORK
5. TREE SURGERY WORK
6. WEED CONTROL WORK
FIDELITY BOND REQUIRED; NOT TO EXCEED $2,500.
NONE.
VIOLATION OF THE ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR
SUBJECT TO A FINE OF NOT MORE THAN $500 OR IMPRISONMENT FOR NOT
MORE THAN 6 MONTHS OR BOTH FINE AND IMPRISONMENT.
MISSISSIPPI PESTICIDE LAW OF 1975 (REGISTRATION LAW)
(SESSION LAWS, 1975; CHAPT. 319, PAGE 65)
AGRICULTURAL AVIATION LICENSING ACT OF 1966
(MISS CODE ANN., S 69-21-101 TO 69-21-125, 1972)
APPLICATION OF HORMONE TYPE HERBICIDES BY AIRCRAFT
(MISS. CODE ANN., S 69-21-1 TO 69-21-27, 1972)
MISSISSIPPI PESTICIDE APPLICATION ACT OF 1975
(SESSION LAWS, 1975; CHAPT. 318, PAGE 83)
1975
24e
MISSISSIPPI
-------
(MS-24-02-03)
MISSISSIPPI
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
ENTER AND INSPECT PROPERTY
PUBLISH INFORMATION
REGULATE STORAGE, TRANSPORTA-
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE
EQUIPMENT
ADMINISTER OATHS
PROVISION FOR REPORTS OF LOSS
REQUIRE USE PERMITS
DECLARE RESTRICTED USE
PESTICIDES
1975
"MISSISSIPPI PESTICIDE APPLICATION ACT OF 1975"
(MISS. CODE ANN., S 69-23-101 TO 69-23-133, 1975)
UNLAWFUL TO USE, OR ENGAGE IN THE BUSINESS OF APPLYING RESTRICTED
USE PESTICIDES UNLESS CERTIFIED OR LICENSED BY THE COMMISSIONER OF
AGRICULTURE AND COMMERCE (AFTER OCTOBER 21, 1976).
PERSONS SUBJECT TO LICENSING UNDER OTHER PESTICIDE LAWS OF THE STATE,
AND "SUCH OTHER PERSONS AS MAY BE EXEMPTED BY FEDERAL REGULATIONS."
COMMERCIAL APPLICATOR
PRIVATE APPLICATOR
PUBLIC APPLICATOR
OTHER CATEGORIES AUTHORIZED; 10 HAVE BEEN ESTABLISHED AS IN FEDERAL
REGULATIONS.
ADEQUATE KNOWLEDGE WITH RESPECT TO THE USE AND APPLICATION OF
PESTICIDES.
ON FORMS PROVIDED BY THE COMMISSIONER.
MUST DEMONSTRATE COMPETENCY THROUGH ORAL OR WRITTEN EXAMINATIONS OR
OTHER EQUIVALENT PROCEDURES.
NONE.
UPON BEING FOUND QUALIFIED. EXPIRATION DATE TO BE ESTABLISHED BY
REGULATION.
TO BE ESTABLISHED BY REGULATION.
PROVISION FOR RECIPROCITY.
YES
YES
YES
YES
YES
YES
NO
YES
NO
NO
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
24f
YES
YES
YES
NO
YES
NO
YES
MISSISSIPPI
-------
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
DEFINITIONS i
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"THE COMMISSIONER SHALL APPOINT AN ADVISORY COMMITTEE, AND BY
REGULATION ESTABLISH THE COMPOSITION OF THE COMMITTEE TO INCLUDE
REPRESENTATIVES FROM AGRICULTURE, AGRIBUSINESS, AND RELATED
INDUSTRIES ... TO ADVISE AND ASSIST ... IN DEVELOPING REGULATIONS
AND PLANS ..."
1. COMMISSIONER
2. CERTIFICATION
3. CERTIFIED APPLICATOR
4. COMMERCIAL APPLICATOR
5. DIVISION
6. EPA
7. FIFRA
8. LICENSE
9. PERSON
10. PEST
11. PESTICIDE
12. PRIVATE APPLICATOR
13. PUBLIC APPLICATOR
14. RESTRICTED USE PESTICIDE
15. STATE RESTRICTED USE PESTICIDE
16. UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
17. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
DEFINITIONS IN OTHER PESTICIDE LAWS OF MISSISSIPPI INCORPORATED IN
THIS ACT BY REFERENCE.
NONE.
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT
TO A FINE OF NOT MORE THAN $500 OR BY IMPRISONMENT NOT TO EXCEED
6 MONTHS, OR BOTH FINE AND IMPRISONMENT.
"MISSISSIPPI PESTICIDE LAW OF 1975" (REGISTRATION LAW)
(SESSION LAWS, 1975; CHAPT. 319, PAGE 65)
(THIS WAS FORMERLY THE "MISSISSIPPI ECONOMIC POISON ACT OF 1950")
"AGRICULTURAL AVIATION LICENSING ACT OF 1966"
(MISS. CODE ANN., S 69-21-101 TO S 69-21-125, 1972)
"APPLICATION OF HORMONE TYPE HERBICIDES BY AIRCRAFT"
(MISS. CODE ANN., S 69A-21-1 TO 69-21-27, 1972)
"MISSISSIPPI PEST CONTROL LAW" (PROFESSIONAL SERVICES)
(MISS. CODE ANN., S 69-19-1 TO 69-19-11, SUPP. 1974)
1975
24g
MISSISSIPPI
-------
(MS-24-05-01)
MISSISSIPPI
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"AGRICULTURAL AVIATION LICENSING LAW OF 1966"
(MISS. CODE ANN., S 69.21-101 TO 69.21-125, 1972)
UNLAWFUL TO " ... ACT, OPERATE OR CONDUCT BUSINESS AS AN APPLICA-
TOR, OR TO ENGAGE IN THE CUSTOM APPLICATION OF PESTICIDES BY AIR,
UNLESS ... LICENSED ... BY THE BOARD (BOARD OF AGRICULTURAL
AVIATION) ..."
JURISDICTION OF THE AERIAL APPLICATION OF HORMONE-TYPE HERBICIDES
(REGULATED BY THE STATE ENTOMOLOGIST, ACTING AS THE AGENT FOR THE
COMMISSIONER OF AGRICULTURE AND COMMERCE; SEE MISS. CODE ANN.,
S 5000-21 THROUGH 5000-31; APPLICATION OF HORMONE-TYPE HERBICIDES
BY AIRCRAFT (1957); HOWEVER, AERIAL APPLICATORS OF HORMONE-TYPE
HERBICIDES ARE REQUIRED TO BE LICENSED UNDER BOTH AERIAL APPLICATOR
LAWS.
REGISTERED AERIAL APPLICATOR.
NOT SPECIFIED IN ACT (SEE "APPLICATION"); " ... THE BOARD SHALL
SET PROFESSIONAL STANDARDS ..."
" ... ON A FORM ... PRESCRIBED BY THE BOARD (CONTAINING) INFORMATION
REGARDING APPLICANTS' QUALIFICATIONS AND PROPOSED OPERATIONS ..."
EXAMINATION TO DETERMINE APPLICANTS ABILITY AND KNOWLEDGE.
"... UP TO $50 FOR EACH AIRCRAFT ..."
APPLICANTS MUST SUBMIT PROOF OF PAYMENT OF ALL AD VALOREM OR OTHER
TAXES APPLICABLE TO EQUIPMENT. LICENSES EXPIRE MARCH 31 AND MAY BE
SUSPENDED, CANCELLED OR REVOKED FOR CAUSE, AFTER AN OPPORTUNITY FOR
A HEARING.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
BY APPLICATION, ON OR BEFORE MARCH 31.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
YES
YES
YES
NO
YES
YES
1975
24h
MISSISSIPPI
-------
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE NO
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
POST TREATED AREAS
YES
YES
NO
YES
YES
YES
YES
NO
NO
YES
NO
NO
NO
PESTICIDE BOARD:
(BOARD OF AGRICULTURAL AVIATION)
"THERE IS HEREBY CREATED A STATE BOARD OF AGRICULTURAL AVIATION
COMPOSED OF 5 MEMBERS AS FOLLOWS: 1 MEMBER BEING THE EXECUTIVE
OFFICER OF THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE;
4 LICENSED PILOTS TO BE APPOINTED BY THE GOVERNOR FROM A LIST OF
8 AGRICULTURAL AERIAL APPLICATORS SUBMITTED TO THE GOVERNOR BY THE
MISSISSIPPI AERIAL APPLICATORS ASSOCIATION. THE TERM OF OFFICE OF
ONE BOARD MEMBER SHALL BE 1 YEAR; SECOND BOARD MEMBER 2 YEARS;
THIRD BOARD MEMBER 3 YEARS; AND THE TERM OF OFFICE OF THE FOURTH
BOARD MEMBER 4 YEARS. AFTER THE INITIAL APPOINTMENT, SUCCEEDING
BOARD MEMBERS SHALL SERVE A STAGGERED 4 YEAR TERM OF OFFICE. EACH
BOARD MEMBER SHALL SERVE UNTIL HIS SUCCESSOR IS APPOINTED. THE
EXECUTIVE OFFICER OF THE DIVISION OF PLANT INDUSTRY, MISSISSIPPI
DEPARTMENT OF AGRICULTURE AND COMMERCE, SHALL CONTINUE TO SERVE
EACH TERM BY VIRTUE OF HIS OFFICE.
"THE MEMBERSHIP OF THE BOARD SHALL ELECT A CHAIRMAN AT THEIR
ORGANIZATIONAL MEETING WHO SHALL BE ONE OF THE 4 AERIAL APPLICATORS
WHO SERVE ON THE BOARD.
"VACANCIES ON THE SAID BOARD SHALL BE FILLED AS HEREIN STATED BY
APPOINTMENT OF THE GOVERNOR.
"A QUORUM NECESSARY TO CONDUCT BUSINESS SHALL BE A MAJORITY OF THE
5 BOARD MEMBERS.
"EACH MEMBER OF THE AGRICULTURAL AVIATION BOARD SHALL RECEIVE A
PER DIEM OF $15 AND ACTUAL EXPENSES AS PROVIDED BY LAW INCIDENTAL
TO ATTENDING MEETINGS OF SAID BOARD. SAID BOARD SHALL NOT BE
PAID FOR MORE THAN 15 MEETINGS IN ANY ONE CALENDAR YEAR."
1975
241
MISSISSIPPI
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
(ADVISORY COMMITTEE REGULATION 11)
AN ADVISORY COMMITTEE SHALL BE APPOINTED ANNUALLY CONSISTING OF
ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING:
A. MISSISSIPPI FARM BUREAU FEDERATION
B. THE DELTA COUNCIL
C. COOPERATIVE EXTENSION SERVICE
D. STATE BOARD OF HEALTH
E. MISSISSIPPI AERONAUTICS COMMISSION
F. DELTA BRANCH EXPERIMENT STATION
1. AERIAL APPLICATION 6. DESICCANT
2. AIRCRAFT 7. INSECT
3. APPLICATOR 8. PERSON
4. BOARD 9. PESTICIDE
5. DEFOLIANT
SURETY BOND OR LIABILITY INSURANCE POLICY IN AN AMOUNT NOT LESS
THAN $5,000; $10,000-$20,000 ESTABLISHED BY REGULATIONS.
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT
TO A FINE OF NOT LESS THAN $100 OR MORE THAN $500; OR IMPRISONMENT
IN COUNTY JAIL FOR NOT MORE THAN 6 MONTHS; OR BOTH FINE AND
IMPRISONMENT. BOARD MAY ALSO SEEK INJUNCTIVE RELIEF.
MISSISSIPPI PESTICIDE LAW OF 1975 (REGISTRATION LAW)
(MISS. CODE ANN., S 69-23-1 TO 69-23-27, 1975)
APPLICATION OF HORMONE TYPE HERBICIDE BY AIRCRAFT
(MISS. CODE., S 69-21-1 TO 69-21-27, 1972)
MISSISSIPPI PEST CONTROL LAW (PROFESSIONAL SERVICES)
(MISS. CODE ANN., S 69-19-1 TO 69-19-11, SUPP. 1974)
MISSISSIPPI PESTICIDE APPLICATION ACT OF 1975
(MISS. CODE ANN., S 69-23-101 TO 69-23-133, 1975)
1975
24j
MISSISSIPPI
-------
(MO-25-02-01)
MISSOURI
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"MISSOURI PESTICIDE ACT OF 1974"
(SESSION LAWS, 1974, PAGE 137; SENATE BILL NO. 431)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES TO THE
LAND OF ANOTHER UNLESS CERTIFIED AND LICENSED BY THE COMMISSIONER
OF AGRICULTURE; AND FOR PRIVATE APPLICATORS TO USE RESTRICTED USE
PESTICIDES UNLESS CERTIFIED. UNLAWFUL TO BE A PESTICIDE DEALER
UNLESS LICENSED.
VETERINARIANS AND PHYSICIANS IN THEIR MEDICAL PRACTICE, AND
RESEARCH PERSONNEL APPLYING PESTICIDES TO BONAFIDE EXPERIMENTAL
PLOTS.
STRUCTURAL PEST CONTROL, ORNAMENTAL OR AGRICULTURAL PESTICIDE
APPLICATORS, RIGHT-OF-WAY PESTICIDE APPLICATORS, AND OTHERS AS
NECESSARY. ADDITIONAL CLASSES MAY BE AERIAL, GROUND, OR MANUAL.
PRESCRIBED BY REGULATIONS. MUST HAVE KNOWLEDGE OF STANDARDS PRE-
SCRIBED FOR CERTIFICATION OF APPLICATORS.
ON FORMS PROVIDED BY THE COMMISSIONER.
MUST PASS AN EXAMINATION TO DEMONSTRATE KNOWLEDGE OF PRESCRIBED
STANDARDS.
CERTIFIED COMMERCIAL APPLICATORS
PRIVATE APPLICATORS
DEALERS
DELINQUENT RENEWAL
$ 25.00
NONE
10.00
PLUS 25%
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY NO
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
UPON BEING FOUND QUALIFIED, PLUS EVIDENCE OF FINANCIAL RESPONSIBILITY.
EXPIRE ONE YEAR FROM DATE OF ISSUE. PRIVATE APPLICATORS WILL BE
CERTIFIED AFTER ATTENDING A COURSE OF INSTRUCTION, WITH SUCH CERTI-
FICATION VALID FOR TWO YEARS.
SUBJECT TO REEXAMINATION IF ADDITIONAL KNOWLEDGE SO REQUIRES.
PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
1975
25a
MISSOURI
-------
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS YES
PESTICIDE BOARD: NONE.
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
DEFINITIONS:
1. ANIMAL
2. APPLICATOR OR OPERATOR
3. BENEFICIAL INSECT
4. CERTIFIED APPLICATOR
5. CERTIFIED COMMERCIAL
APPLICATOR
6. CERTIFIED PRIVATE
OPERATOR
7. DEFOLIANT
8. DESICCANT
9. DEVICE
10. ENVIRONMENT
11. EQUIPMENT
12. FUNGUS
13. INSECT
14. LAND
15. NEMATODE
16. PERMIT
17. PERSON
18. PEST
19. PESTICIDE
20. PESTICIDE DEALER
21. PLANT REGULATOR
22. PRIVATE APPLICATOR
23. PUBLIC OPERATOR
24. RESTRICTED USE PESTICIDE
SALE
25. SNAILS OR SLUGS
26. UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
27. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
28. WEED
29. WILDLIFE
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
SURETY BOND OR LIABILITY INSURANCE OF NOT LESS THAN $25,000
PROPERTY DAMAGE AND $25,000 BODILY INJURY. DEDUCTIBLE CLAUSE
OF $1,000 PERMITTED.
NONE.
OPERATING WITHOUT A VALID LICENSE (BOTH COMMERCIAL AND DEALER)
AND SELLING RESTRICTED USE PESTICIDES TO NON-CERTIFIED PERSONS
CONSTITUTES A MISDEMEANOR SUBJECT TO PUNISHMENT AS PROVIDED BY
LAW. MAJOR SECTIONS OF ACT BECOME EFFECTIVE OCTOBER 21, 1976.
1975
25b
MISSOURI
-------
RELEVANT LAWS: "MISSOUR ECONOMIC POISON LAW OF 1955"
(MO. REV. STAT., S 263.270 TO 263.380, 19XX)
25c
1975 MISSOURI
-------
(MT-26-04-01)
MONTANA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"MONTANA PESTICIDES ACT"*
(MONT. REV. CODES ANN., S 27-213 TO 27-245,SUPP. 1974)
UNLAWFUL:
1. TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES FOR ANOTHER UN-
LESS LICENSED BY THE DEPARTMENT OF AGRICULTURE
2. FOR FARM APPLICATORS TO APPLY A RESTRICTED USE PESTICIDE WITH-
OUT A PERMIT FROM THE DEPARTMENT OF AGRICULTURE.
3. (FOR DEALERS) TO SELL OR DELIVER PESTICIDES WITHOUT FIRST
OBTAINING DEALER'S LICENSE, AND
4. TO PURCHASE AND SELL PESTICIDES AT RETAIL UNLESS LICENSED
BY THE DEPARTMENT OF AGRICULTURE.
FARM APPLICATORS APPLYING NONRESTRICTED PESTICIDES ON THEIR OWN
OR THEIR NEIGHBORS' LAND. JURISDICTIONAL HEALTH OFFICERS, THE
STATE VETERINARIAN, AND GOVERNMENTAL RESEARCH PERSONNEL APPLY-
ING PESTICIDES TO EXPERIMENTAL AREAS.
COMMERCIAL APPLICATOR
COMMERCIAL OPERATOR
FARM APPLICATOR
PUBLIC UTILITY APPLICATOR
APPLICANTS MUST POSSESS "ADEQUATE KNOWLEDGE." AERIAL APPLI-
CATORS MUST MEET ALL REQUIREMENTS OF FEDERAL AND STATE AERONAUTI-
CAL AGENCIES.
FORM AND CONTENT MAY BE ESTABLISHED BY REGULATION. ANNUAL APPLICA-
TION REQUIRED.
WRITTEN EXAMINATION REQUIRED OF INITIAL APPLICANTS FOR COMMERCIAL
APPLICATOR AND OPERATOR LICENSE AND FARM APPLICATORS DESIRING TO
APPLY RESTRICTED USE PESTICIDES. DEALERS ARE REQUIRED TO TAKE A
"REASONABLE EXAMINATION."
COMMERCIAL APPLICATORS, DEALERS, AND RETAIL OUTLETS (MINIMUM),
$10. COMMERCIAL OPERATOR'S FEES TO BE ESTABLISHED BY REGULATION.
GOVERNMENT AGENCIES EXEMPT FROM FEE.
CALENDAR YEAR LICENSES, ANNUAL SPECIAL USE PERMITS ISSUED TO FARM
APPLICATORS UPON PASSING WRITTEN EXAMINATION. LICENSES AND PERMITS
SUBJECT TO REVOCATION FOR CAUSE.
RENEWABLE UPON APPLICATION, WITHOUT EXAMINATION.
NO PROVISION FOR RECIPROCITY. NONRESIDENTS WITHOUT RESIDENT AGENT
REQUIRED TO AUTHORIZE SECRETARY OF STATE TO ACCEPT SERVICE OF LEGAL
PROCESS.
*PORTIONS OF THE ACT RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
26a
1975
MONTANA
-------
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
YES
REQUIRE PURCHASE PERMITS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
ADVISORY COUNCIL. "THE DIRECTOR OF AGRICULTURE MAY APPOINT ADVIS-
ORY COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS ON SPECIAL PESTICIDE
PROBLEMS IN THE STATE. THE ADVISORY COUNCIL SHALL CONSIST OF IN-
DIVIDUALS REPRESENTING, EQUALLY, CONTROLLED INDUSTRY, AGRICULTURE,
HEALTH AND WILDLIFE. GOVERNMENT PERSONNEL, UNIVERSITY PERSONNEL
NOT INCLUDED, MAY NOT BE REPRESENTED ON THE ADVISORY COUNCIL.
GOVERNMENT PERSONNEL SHALL MEET WITH THE COUNCIL IN AN ADVISORY
CAPACITY WHEN REQUESTED BY THE COUNCIL. THE COUNCIL MAY NOT EXCEED
TWELVE (12) MEMBERS. THE DIRECTOR OF AGRICULTURE SHALL ESTABLISH
THE TIME PERIOD IN WHICH THE COUNCIL EXIST. THE TIME PERIOD SHALL
NOT EXCEED 2 YEARS. THE DEPARTMENT OF AGRICULTURE SHALL PROVIDE THE
NECESSARY ADMINISTRATIVE, SECRETARIAL, AND ANY OTHER ESSENTIAL ITEMS
TO THE COUNCIL.
"EACH MEMBER OF THE COUNCIL SHALL RECEIVE AS COMPENSATION FOR HIS
SERVICES THE SUM OF TWENTY-FIVE ($25) PER DAY FOR EACH DAY ACTUALLY
EXPENDED IN THE PERFORMANCE OF HIS DUTIES AND SHALL BE REIMBURSED
FOR ACTUAL PER DIEM AND NECESSARY TRAVELING EXPENSES AS PROVIDED BY
STATE LAW.
1975
26b
MONTANA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"THE COUNCIL MAY REQUEST THAT THE DEPARTMENT OF AGRICULTURE HOLD A
PUBLIC HEARING AS OUTLINED IN SECTION 27-235, TO ASSIST IT IN
GATHERING FACTUAL DATA AND INFORMATION ON THE SPECIAL PROBLEM(S)
ASSIGNED TO IT."
1. ACTIVE INGREDIENT
2. ADULTERATED
3. ANTIDOTE
4. APPLICATOR
5. BENEFICIAL INSECTS
6. COMMERCIAL APPLICATOR
7. COMMERCIAL OPERATOR
8. CROP
9. DEALER
10. DEFOLIANT
11. DESICCANT
12. DEVICE
13. ENVIRONMENT
14. EQUIPMENT
15. FARM APPLICATOR
16. FUNGI
17. FUNGICIDE
18. HERBICIDE
19. INERT INGREDIENT
20. INGREDIENT STATEMENT
21. INSECT
22. INSECTICIDE
23. LABEL
24. LABELING
25. MISBRANDED
26. NEMATOCIDE
27. NEMATODES
28. PERSON
29. PEST
30. PESTICIDE
31. PLANT REGULATOR
32. PUBLIC UTILITY APPLICATOR
33. REGISTRANT
34. RESTRICTED USE PESTICIDE
35. RETAILER
36. WEED
(LIABILITY INSURANCE, SURETY BOND, OR CASH)
AERIAL APPLICATORS
AERIAL APPLICATORS WITH (SPECIFIED)
ACCIDENT RECORDS
OTHER APPLICATORS
OTHER APPLICATORS WITH (SPECIFIED)
ACCIDENT RECORDS
ANY APPLICATOR OF RESTRICTED USE PESTICIDES
SEED TREATMENT APPLICATORS
DEDUCTIBLE CLAUSE:
AERIAL APPLICATORS
OTHER APPLICATORS
$ 1,500.00
3,000.00
500.00
1,000.00
10,000.00
EXEMPT
500.00
250.00
NONE.
VIOLATION OF ACT, REGULATIONS, OR OBSTRUCTING DUTIES OF COMMISSIONER
IS A MISDEMEANOR; INJUNCTIVE RELIEF PERMISSIBLE; EMPLOYEES REVEALING
FORMULAS OBTAINED IN SCOPE OF EMPLOYMENT SUBJECT TO $500 FINE OR YEAR
IN JAIL, OR BOTH FINE AND IMPRISONMENT.
"MONTANA PESTICIDES ACT" (1971)
(MONT. REV. CODES ANN., S 27-213 TO 27-245, SUPP. 1974)
THIS ONE ACT COVERS REGISTRATION, LABELING, AND USE AND APPLICATION
OF PESTICIDES. SECTIONS ON USE AND APPLICATION ARE DIGESTED SUPRA.
REPEALS THE MONTANA INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OF
1947.
1975
26c
MONTANA
-------
(NE-27-05-01)
NEBRASKA
TITLE: AERONAUTICS (AERIAL APPLICATORS LAW)
(REISSUE REV. STAT. NEBR., S 3-128, 1962)
AUTHORIZES THE DEPARTMENT OF AERONAUTICS TO:
1. "... ISSUE APPROPRIATE CERTIFICATES AUTHORIZING QUALIFIED INDI-
VIDUALS TO CONDUCT AERIAL PESTICIDE APPLICATION OPERATIONS
"THE APPLICANT, OR, ... EITHER THE PERSON EMPLOYED BY HIM IN DIRECT
CHARGE ... OR THE PERSON EMPLOYED BY HIM AS CHIEF PILOT ... OR ALL
PERSONS EMPLOYED BY HIM AS PILOT ... SHALL POSSESS THE FOLLOWING
QUALIFICATIONS:
A. HOLD A VALID FEDERAL AVIATION ADMINISTRATION COMMERCIAL
CERTIFICATE
B. HAVE A CURRENT MEDICAL CERTIFICATE
C. HAVE THREE HUNDRED FIFTY HOURS OF SOLO AND PILOT-IN-COMMAND
LOGGED TIME
D. HAVE FIVE HOURS FLIGHT TRAINING IN SIMULATED AERIAL
PESTICIDE APPLICATION CONDUCTED, AND CERTIFIED TO, BY AN AERIAL
PESTICIDE APPLICATOR CERTIFICATE HOLDER, AND
E. HAVE ONE SEASON'S ACTUAL EXPERIENCE IN AERIAL PESTICIDE APPLI-
CATION WORK UNDER THE DIRECT SUPERVISION OF AN AERIAL PESTICIDE
APPLICATOR CERTIFICATE HOLDER, DURING WHICH HE SHALL HAVE AC-
QUIRED A MINIMUM OF FORTY HOURS EXPERIENCE IN AERIAL PESTICIDE
APPLICATION, EXCEPT THAT THE DEPARTMENT MAY ISSUE A CERTIFICATE
TO AN APPLICANT WHO FAILS TO MEET THE REQUIREMENTS OF SUBDIVISIONS
(D) AND (E) OF THIS SUBDIVISION IF, AFTER EXAMINATION BY THE DE-
PARTMENT, HE DEMONSTRATES THAT HE IS POSSESSED OF THE NECESSARY
SKILLS.
"TO INSURE SAFETY, ADDITIONAL TRAINING AND QUALIFICATION CRITERIA
FINANCIAL RESPONSIBILITY REQUIREMENTS, AND CERTIFICATE RENEWAL PRO-
CEDURES SHALL BE AS PRESCRIBED BY RULES AND REGULATIONS OF THE DE-
PARTMENT OF AERONAUTICS.
2. "... TEMPORARILY OR PERMANENTLY REVOKE ANY LICENSE OR CERTIFI-
CATE OF REGISTRATION OF AN ... AERIAL PESTICIDE APPLICATOR, ... OR
TO REFUSE TO ISSUE ANY SUCH LICENSE ... WHEN IT SHALL REASONABLY
DETERMINE THAT ANY ... AERIAL PESTICIDE APPLICATOR ... IS NOT
QUALIFIED, HAS WILLFULLY VIOLATED THE PROVISIONS OF SECTIONS 3-101
TO 3-154, THE RULES AND REGULATIONS PRESCRIBED PURSUANT THERETO, OR
ANY ACT OF CONGRESS OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, IS ADDICTED TO THE USE OF NARCOTICS OR OTHER HABIT FORMING
DRUG OR THE EXCESSIVE USE OF INTOXICATING LIQUOR, HAS MADE ANY FALSE
STATEMENT IN AN APPLICATION FOR REGISTRATION OF A FEDERAL LICENSE
CERTIFICATE OR PERMIT, OR HAS BEEN GUILTY OF OTHER CONDUCT, ACTS OR
PRACTICES DANGEROUS TO THE PUBLIC SAFETY AND THE SAFETY OF THOSE
ENGAGED IN AERONAUTICS "
27a
1975 NEBRASKA
-------
RELEVANT LAWS: ECONOMIC POISON DEVICES LAW
(REV. STAT. NEBR., S 2-2601 TO 2-2611, SUPP. 1974)
UNDER PROVISIONS OF THIS LAW "THE DIRECTOR MAY, WHENEVER HE DEEMS IT
NECESSARY FOR PROTECTION OF PUBLIC HEALTH, AFTER PUBLIC HEARING, RE-
STRICT REGISTRATION OF CERTAIN ECONOMIC POISONS TO SPECIFIC USAGES
BY PEST CONTROL PROFESSIONALS."
PEST CONTROL PROFESSIONALS ARE DEFINED AS " ... ANY PERSON WHO
OPERATES PEST CONTROL EQUIPMENT, APPLIES ECONOMIC POISONS, OR BUYS
AND SELLS ECONOMIC POISONS FOR A VALUABLE CONSIDERATION."
27b
1975 NEBRASKA
-------
(NV-28-02-01)
NEVADA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
CUSTOM APPLICATION OF PESTICIDES .
(NEV. REV. STAT., S 555.260 TO 555.460, 1974)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES BY AIR-
CRAFT OR GROUND EQUIPMENT UNLESS LICENSED BY THE EXECUTIVE DIRECTOR
OF THE STATE DEPARTMENT OF AGRICULTURE. INCLUDES APPLICATION OF
PESTICIDES TO STRUCTURES.
GOVERNMENT RESEARCH PERSONNEL APPLYING PESTICIDES TO EXPERIMENTAL
PLOTS; FARMERS APPLYING PESTICIDES WITH GROUND EQUIPMENT; PERSONS
USING HAND-POWERED EQUIPMENT TO APPLY PESTICIDES INCIDENTAL TO
YARD AND LAWN CARE, (BUT THE ABOVE PERSONS MAY BE REQUIRED TO OBTAIN
A PERMIT TO USE A RESTRICTED USE PESTICIDE).
AERIAL APPLICATION
(W/5 SUB-CLASSES)
AGRICULTURAL PEST CONTROL
(W/9 SUB-CLASSES)
AQUATIC PEST CONTROL
(W/4 SUB-CLASSES)
FUMIGANT PEST CONTROL
(W/4 SUB-CLASSES)
URBAN AND STRUCTURAL PEST CONTROL
(W/5 SUB-CLASSES)
QUALIFICATIONS FOR TAKING EXAMINATION REQUIRE AGE OF MAJORITY, AND
TWO YEARS OF PESTICIDE APPLICATION EXPERIENCE; OR
SIX MONTHS OF EXPERIENCE AND 16 COLLEGE CREDIT HOURS IN BIOLOGICAL
SCIENCE (WITH 8 HOURS IN FIELD OF LICENSING). AGENTS AND OPERATORS
NOT REQUIRED TO HAVE ABOVE QUALIFICATIONS, BUT MUST BE EXAMINED AND
LICENSED. QUALIFICATIONS FOR LICENSING REQUIRE PROOF OF FINANCIAL
RESPONSIBILITY, BUSINESS INFORMATION, ETC.
ON FORM SUPPLIED BY DIRECTOR PROVIDING INFORMATION ON APPLICANT'S
QUALIFICATIONS, PROPOSED OPERATIONS AND OTHER RELEVANT MATTERS.
WRITTEN, BUT MAY ALSO INCLUDE ORAL AND DEMONSTRATION.
TESTING FEE, EACH PERSON, EACH EXAMINATION $ 5.00
(WITH MAXIMUM OF $25 AND MINIMUM OF $10.)
APPLICAIION FOR A LICENSE (AFTER PASSING EXAM) 25.00
FEE FOR EACH LICENSED OPERATOR, AGENT OR PILOT
EMPLOYED BY A LICENSED COMPANY 10.00
LATE RENEWAL PENALTY 5.00
FAILURE TO SUBMIT COMPLETED APPLICATION FORMS WITHIN 30 DAYS FOR-
FEITS FEES PAID.
LICENSES ISSUED ON CALENDAR YEAR BASIS. DIRECTOR MAY CLASSIFY
LICENSES AND PLACE RESTRICTIONS ON LICENSES; MAY ISSUE GENERAL
LICENSES, LIMITED LICENSES, SPECIFIC LICENSES, AND PERMITS.
RENEWABLE UPON APPLICATION AND PAYMENT OF LICENSE FEE.
NO RECIPROCITY (REPEALED 1971).
1975
28a
NEVADA
-------
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
I
ENTER AND INSPECT PROPERTY
I
PUBLISH INFORMATION
REGULATE STORAGE, TRANSPORTA-
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE
EQUIPMENT
ADMINISTER OATHS
PROVISION FOR REPORTS OF LOSS
REQUIRE USE PERMITS
DECLARE RESTRICTED USE
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
RECORDS OPEN FOR INSPECTION
WRITTEN RECOMMENDATIONS
FROM ADVISORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
YES
YES
YES
YES
YES
YES
NO
YES
YES
YES
YES
YES
YES
YES
NO
NO
YES
NO
NO
NONE.
1. AGENT
2. AIRCRAFT
3. CUSTOM APPLICATION
OF PESTICIDES
4. DELOFIANT
5. DESICCANT
6. EXECUTIVE DIRECTOR
(AGRICULTURE)
7. FUNGI
8. GROUND EQUIPMENT
9. INSECT
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIET APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
10. NEMATODE
11. PERSON
12. PEST
13. PEST CONTROL
14. PESTICIDE
15. PLANT REGULATOR
16. PUBLIC OPERATOR
17. SNAILS OR SLUGS
18. WEED
19. WILDLIFE
1975
28b
NEVADA
-------
FINANCIAL NOT LESS THAN $10,000, NOR MORE THAN $200,000; EXCEPT THAT THE
RESPONSIBILITY: EXECUTIVE DIRECTOR MAY ACCEPT INSURANCE POLICY OR SURETY BOND WITH
DEDUCTIBLE CLAUSE OF $500 FOR AERIAL APPLICATORS, OR $250 FOR ALL
OTHER APPLICATORS (PROVIDED APPLICATOR HAS NO UNSATISFIED LEGAL
CLAIMS IN THESE AMOUNTS). REGULATIONS ESTABLISH $10,000/20,000 FOR
GROUND APPLICATORS, AND $25,000/50,000 FOR AERIAL APPLICATORS.
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF THE ACT OR REGULATIONS IS A MISDEMEANOR.
RELEVANT LAWS: "NEVADA PESTICIDES ACT" (REGISTRATION LAW)
(NEV. REV. STAT., S 586.010 TO 586.450, 1965)
"NEVADA FOOD, DRUG, AND COSMETIC ACT"
(NEV. REV. STAT., S 585.010 TO 585.550, 1964)
DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCES
(NEV. REV. STAT., S 586.460 TO 586.520, 1964)
28c
1975 NEVADA
-------
(NH-29-02-01)
NEW HAMPSHIRE
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
PESTICIDES CONTROL LAW
(N. H. REV. STAT. ANN., S 149D.1 TO 149D.11, SUPP. 1975)
UNLAWFUL TO ENGAGE IN COMMERCIAL APPLICATION OF PESTICIDES UNLESS
REGISTERED WITH THE PESTICIDES CONTROL BOARD. PERSONS OTHER THAN
COMMERCIAL APPLICATORS MUST OBTAIN A "PERMIT." UNLAWFUL TO USE
RESTRICTED PESTICIDES UNLESS CERTIFIED.
GOVERNMENTAL RESEARCH AND EXPERIMENTAL WORK; APPLICATION OF PESTI-
CIDES AROUND, UNDER, OR IN THE IMMEDIATE VICINITY OF BUILDINGS BY
THE OWNER, PROVIDED CROPS RAISED THEREIN ARE NOT OFFERED FOR SALE.
OPERATIONAL REGISTRATION CERTIFICATES
SUPERVISORY REGISTRATION CERTIFICATES
OPERATIONAL LEVEL: APPLICANTS MUST HAVE ATTAINED THEIR 18TH
BIRTHDAY.
SUPERVISORY LEVEL: APPLICANTS MUST HAVE BEEN LICENSED AT OPERATIONAL
LEVEL FOR 5 GROWING SEASONS AND WORKED UNDER A SUPERVISORY LICENSEE,
OR, HOLD A COLLEGE DEGREE (IN BIOLOGICAL SCIENCES) AND LICENSED
FOR ONE (1) YEAR AT THE OPERATIONAL LEVEL, OR WORKED ONE SEASON
UNDER A QUALIFIED PERSON HAVING A SUPERVISORY LICENSE, OR, GRADUATE
OF A TWO-YEAR COLLEGE (AGRICULTURAL OR TECHNICAL) PLUS 3 YEARS AS AN
OPERATIONAL LICENSEE, OR, A PROPRIETOR OF A PROPOSED CUSTOM SPRAYING
BUSINESS, OR, A GOVERNMENT EMPLOYEE, QUALIFIED BY EDUCATION OR EX-
PERIENCE, AS LISTED ABOVE.
ON FORM PROVIDED BY THE BOARD.
REQUIRED OF COMMERCIAL APPLICATORS, PERMITEES, AND DEALERS.
ANNUAL REGISTRATION CERTIFICATE $ 10.00
PERMITS ISSUED WITHOUT COST
DEALERS LICENSE 10.00
UPON BEING FOUND QUALIFIED.
RENEWAL ON CALENDAR YEAR BASIS; APPLICANT FOR RENEWAL MUST FURNISH
SIMPLE, ACCURATE RECORD OF HIS USE OF PESTICIDES FOR PRECEDING
CALENDAR YEAR. PERSONS OTHER THAN COMMERCIAL APPLICATORS REQUIRED
TO OBTAIN, AT NO COST, AN ANNUAL WRITTEN PERMIT, RENEWABLE UPON
FURNISHING RECORD OF PRECEDING YEAR'S PESTICIDE USAGE.
PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
29a
1975
NEW HAMPSHIRE
-------
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
"A PESTICIDES CONTROL BOARD IS ESTABLISHED TO CONSIST OF THE COM-
MISSIONER OF AGRICULTURE, THE DIRECTOR OF THE DIVISION OF PUBLIC
HEALTH SERVICES, THE DIRECTOR OF THE DIVISION OF RESOURCES DEVELOP-
MENT, THE DIRECTOR OF THE FISH AND GAME DEPARTMENT, THE STATE
ENTOMOLOGIST, THE EXECUTIVE DIRECTOR OF THE WATER POLLUTION COM-
MISSION, AND FOUR MEMBERS APPOINTED BY THE GOVERNOR WITH THE CONSENT
OF THE COUNCIL EACH FOR A TERM OF THREE YEARS AND UNTIL HIS SUC-
CESSOR IS APPOINTED AND QUALIFIED. OF THE ORIGINAL APPOINTMENTS
ONE MEMBER IS FOR A TERM OF ONE YEAR, TWO FOR A TERM OF TWO YEARS,
AND ONE FOR A TERM OF THREE YEARS. THE GOVERNOR, WITH THE CONSENT
OF THE COUNCIL, SHALL MAKE HIS APPOINTMENTS AS FOLLOWS: ONE FROM
THE GENERAL PUBLIC (NOT IN ANY OF THE FOLLOWING TWO CATEGORIES):
ONE PERSON FROM A SLATE OF THREE PRESONS PRESENTED BY THE NEW
HAMPSHIRE HORITCULTURAL SOCIETY; ONE PERSON FROM A SLATE OF THREE
PERSONS PRESENTED BY THE NEW HAMPSHIRE ARBORISTS ASSOCIATION; AND
ONE A RECOGNIZED ECOLOGIST, PREFERABLY HOLDING A DOCTORATE IN
ECOLOGY. THE EXECUTIVE DIRECTOR OF THE WATER POLLUTION COMMISSION
SHALL ACT AS EXECUTIVE SECRETARY TO THE BOARD AND SHALL COORDINATE
FOR THE BOARD THE INFORMATION AND DATE DEVELOPED BY THE WATER
POLLUTION COMMISSION AND DEPARTMENT OF AGRICULTURE RELATING TO THIS
CHAPTER. THE BOARD SHALL CHOOSE ITS OWN CHAIRMAN. THE FOUR MEMBERS
APPOINTED BY THE GOVERNOR AND COUNCIL ARE NOT ENTITLED TO COMPENSA-
TION FOR THEIR SERVICES, BUT MAY RECEIVE REIMBURSEMENT FOR THEIR
NECESSARY TRAVELING AND OTHER EXPENSES WHILE ENGAGED IN ACTUAL WORK
OF THE BOARD, AND SHALL BE PAID FROM THE MONIES APPROPRIATED FOR
THE PURPOSES OF THIS CHAPTER.
29b
1975
NEW HAMPSHIRE
-------
"THE ADMINISTRATION OF CLERICAL ACTIVITIES UNDER THIS ACT IS THE
RESPONSIBILITY OF THE COMMISSIONER OF AGRICULTURE."
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
(LAW)
1. BOARD
2. COMMERCIAL APPLICATION
3. COMMERCIAL APPLICATOR
4. DEFOLIANT
5. DESICCANT
6. PERSON
7. PEST
8. PESTICIDE
9. PLANT REGULATOR
(REGULATION)
1. BOARD
2. CREW
3. DISPOSAL
4. DRIFT
5. MECHANICALLY-POWERED EQUIPMENT
6. OPERATIONAL REGISTRATION
CERTIFICATES
7. PESTICIDE
8. RESIDUE
9. SUPERVISORY REGISTRATION
CERTIFICATES
10. SURFACE WATERS OF THEIR TRIBUTARIES
USE FOR PUBLIC WATER SUPPLY
11. WATERSHED OF PUBLIC WATER SUPPLY
12. WITHIN, AROUND, UNDER, OR IN THE
IMMEDIATE VICINITY OF BUILDINGS BY
A PROPERTY OWNER OR HIS AGENT
1. GROUND APPLICATION
PUBLIC LIABILITY, EACH PERSON $ 20,000.00
PUBLIC LIABILITY, EACH OCCURRENCE 40,000.00
PROPERTY DAMAGE, EACH OCCURRENCE 10,000.00
PROPERTY DAMAGE, AGGREGATE 25,000.00
2. AERIAL APPLICATION:
PUBLIC LIABILITY, EACH PERSON 50,000.00
PUBLIC LIABILITY, EACH OCCURRENCE 100,000.00
PROPERTY DAMAGE, EACH OCCURRENCE 25,000.00
PROPERTY DAMAGE, AGGREGATE 50,000.00
VIOLATION OF ACT OR REGULATIONS SUBJECT TO A CIVIL
LIABILITY OF NOT TO EXCEED $5,000.
VIOLATION OF LAW OR REGULATION CONSTITUTES A MISDEMEANOR, IF BY
A NATURAL PERSON, AND A FELONY IF BY OTHER THAN A NATURAL PERSON.
ECONOMIC POISON LAW (REGISTRATION LAW)
(N. H. REV. STAT. ANN., S 438.1 TO 438.17, SUPP. 1974)
FOOD, DRUG AND COSMETIC LAW
(N. H. REV. STAT. ANN., S 146.1 ET SEQ., 1964)
NEW HAMPSHIRE ARBORIST LAW
(N. H. REV. STAT. ANN., S 222.1 ET SEQ., 1964)
PEST CONTROL COMPACT
(N. H. REV. STAT. ANN., S 437B1 TO 437B7, 1964)
29c
1975
NEW HAMPSHIRE
-------
(NJ-30-02-01)
NEW JERSEY
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
"PESTICIDE CONTROL ACT OF 1971"
(N. J. STAT. ANN., S 13:1F-1 TO 13:1F-14, SUPP. 1975-1976)
UNLAWFUL TO SELL, PURCHASE, TRANSPORT, LABEL, USE OR APPLY PESTI-
CIDES WHICH CAUSE OR MAY TEND TO CAUSE ADVERSE EFFECTS ON MAN OR
THE ENVIRONMENT CONTRARY TO ORDERS, RULES, AND REGULATIONS OF THE
COMMISSIONER OF ENVIRONMENTAL PROTECTION; OR TO REMOVE, DISPOSE,
OR USE ANY DETAINED OR EMBARGOED PESTICIDE WITHOUT PERMISSION OF
THE DEPARTMENT.
NOT SPECIFIED IN ACT.
SPECIAL USE PERMITEE; APPLICATOR OF RESTRICTED PESTICIDES.
NOT SPECIFIED IN ACT.
NOT SPECIFIED IN ACT.
NOT SPECIFIED IN ACT.
NOT SPECIFIED IN ACT.
NOT SPECIFIED IN ACT.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL NO
APPLICATORS
1975
30a
NEW JERSEY
-------
CERTIFY PRIVATE NO RETAIN RECORDS YES
APPLICATORS TWO YEARS
RECORDS OPEN FOR INSPECTION YES FURNISH COPIES OF RECORDS YES
WRITTEN RECOMMENDATIONS NO CERTIFIED SUPERVISE NO
FROM ADVISORS NON-CERTIFIED APPLICATORS
SUBMIT AND MAINTAIN NO RECOGNIZE AND NO
STATE PLANS ACCEPT GAP
RECIPROCITY NO INJUNCTIVE PROCEDURES YES
REQUIRE ACCIDENT REPORTING NO EXPERIMENTAL USE PERMITS NO
ADOPT FEDERAL REGULATIONS NO REGISTER SPECIAL LOCAL NO
BY REFERENCE NEED PESTICIDES
REQUIRE PURCHASE PERMITS YES POST TREATED AREAS NO
PESTICIDE BOARD: "THERE IS HEREBY CREATED IN THE DEPARTMENT OF (A) PESTICIDE CONTROL
COUNCIL WHICH SHALL CONSIST OF NINE MEMBERS, THREE OF WHOM SHALL BE
THE SECRETARY OF AGRICULTURE, THE COMMISSIONER OF HEALTH, THE DEAN
OF THE COLLEGE OF AGRICULTURE AND ENVIRONMENTAL SCIENCE OF RUTGERS,
THE STATE UNIVERSITY, OR THEIR DESIGNEES, WHO SHALL SERVE AS EX
OFFICIO, AND SIX CITIZENS OF THE STATE REPRESENTING THE GENERAL
PUBLIC TO BE APPOINTED BY THE GOVERNOR, TO SERVE AT HIS PLEASURE,
OF WHOM ONE SHALL BE A FARMER, ONE A TOXICOLOGIST AND ONE AN ECOLO-
GIST. THE GOVERNOR SHALL DESIGNATE A CHAIRMAN AND A VICE CHAIRMAN
OF THE COUNCIL FROM THE PUBLIC MEMBERS WHO SHALL SERVE AT THE WILL
OF THE GOVERNOR ...
"THE PESTICIDE CONTROL COUNCIL SHALL BE THE ADVISORY BODY IN THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION IN MATTERS RELATING TO THE
CONTROL, REGULATION AND USE OF PESTICIDES AND IS EMPOWERED TO:
A. REQUEST FROM THE COMMISSIONER SUCH INFORMATION CONCERNING PESTI-
CIDES AS IT MAY DEEM NECESSARY;
B. STUDY AND CONSIDER ANY MATTER RELATING TO THE IMPROVEMENT OF
PESTICIDE CONTROL PROGRAMS AND ADVISE THE COMMISSIONER THEREON;
C. FROM TIME TO TIME SUBMIT TO THE COMMISSIONER SUCH RECOMMEN-
DATIONS AND REPORTS WHICH IT DEEMS NECESSARY FOR THE PROPER CONDUCT
AND IMPROVEMENT OF PESTICIDE CONTROL PROGRAMS;
D. STUDY THE USE, APPLICATION AND DISPOSAL OF PESTICIDES AND ADVISE
THE COMMISSIONER THEREON;
E. STUDY PESTICIDE CONTROL PROGRAMS AND MAKE REPORTS AND RECOMMEN-
DATIONS THEREON TO THE COMMISSIONER AS IT MAY DEEM NECESSARY;
F. STUDY ANY REGULATIONS PROMULGATED BY THE DEPARTMENT OR ANY OTHER
GOVERNMENTAL ENTITY IN REGARD TO THE CONTROL OF PESTICIDES AND MAKE
SUCH RECOMMENDATIONS THEREON TO THE COMMISSIONER AS IT MAY DEEM
APPROPRIATE;
G. STUDY AND INVESTIGATE THE STATE OF THE ART AND THE TECHNICAL
CAPABILITIES AND LIMITATIONS OF REGULATIONS CONCERNING USE AND
CONTROL OF PESTICIDES AND THEIR RELATION TO THE ENVIRONMENT AND
ECOLOGY AND REPORT ITS FINDINGS AND RECOMMENDATIONS THEREON TO
THE COMMISSIONER;
H. STUDY AND INVESTIGATE THE NEED FOR PROGRAMS FOR LONG RANGE
TECHNICAL SUPPORT OF PESTICIDE CONTROL PROGRAMS AND REPORT ITS
FINDINGS AND RECOMMENDATIONS THEREON TO THE COMMISSIONER; AND
30b
1975 NEW JERSEY
-------
I. HOLD PERIODIC PUBLIC HEARINGS CONCERNING THE USE AND APPLI-
CATION OF PESTICIDES AND UPON THE STATE OF THE ART AND TECHNICAL
CAPABILITIES AND LIMITATIONS IN PESTICIDE CONTROL AND REPORT ITS
RECOMMENDATIONS THEREON TO THE COMMISSIONER ..."
DEFINITIONS: 1. COMMISSIONER A. PERSON
2. COUNCIL 5. PESTICIDE
3. DEPARTMENT
FINANCIAL NOT SPECIFIED IN ACT.
RESPONSIBILITY:
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF THE ACT OR REGULATIONS SUBJECT TO A PENALTY OF NOT
MORE THAN $3,000 FOR EACH OFFENSE (TO BE COLLECTED IN A CIVIL
ACTION); EACH DAY OF VIOLATION TO CONSTITUTE A SEPARATE OFFENSE.
RELEVANT LAWS: "NEW JERSEY ECONOMIC POISON ACT OF 1951"
(N. J. STAT. ANN., S 4:8A-1 TO 4:8A-27, 1973)
30c
1975 NEW JERSEY
-------
(NM-31-04-01)
NEW MEXICO
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"PESTICIDE CONTROL ACT"*
(N. M. STAT. ANN., S 45.21-1 TO 45.25-39,SUPP. 1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES, TO ACT AS
A PEST MANAGEMENT CONSULTANT, OR TO BE A DEALER IN RESTRICTED PESTI-
CIDES, UNLESS LICENSED BY THE DEPARTMENT OF AGRICULTURE.
FARMERS, RANCHERS, AND LANDSCAPE GARDNERS EXEMPT FROM LICENSING, BUT
MUST HAVE PURCHASE AND USE PERMIT FOR RESTRICTED PESTICIDES.
COMMERCIAL APPLICATOR
OPERATOR
PEST CONTROL OPERATOR
PEST MANAGEMENT CONSULTANT
PRIVATE APPLICATOR
KNOWLEDGE AND ABILITY TO PASS EXAMINATION.
ON FORMS PROVIDED BY THE DEPARTMENT.
WRITTEN. MAY REQUIRE APPLICANT TO DEMONSTRATE ABILITY TO APPLY
PESTICIDES PROPERLY.
EXAMINATION FEE
PESTICIDE DEALER LICENSE
PEST MANAGEMENT CONSULTANT LICENSE
COMMERCIAL PESTICIDE APPLICATOR LICENSE
OPERATORS LICENSE
AIRCRAFT INSPECTION FEE (EACH UNIT)
GROUND APPARATUS INSPECTION FEE (EACH UNIT)
MANUAL APPARATUS INSPECTION FEE
EACH UNIT
MAXIMUM PER VEHICLE
RE-INSPECTION FEE (AFTER FAILURE TO PASS)
PUBLIC AGENCY CONSULTANTS AND OPERATORS
$ 15.00
15.00
15.00
35.00
10.00
20.00
10.00
5.00
15.00
ORIGINAL FEE
' NO FEE
UPON BEING FOUND QUALIFIED, AND FURNISHING PROOF OF FINANCIAL RESPON-
SIBILITY. EXPIRE DECEMBER 31.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
RENEWABLE ANNUALLY.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
YES
YES
YES
YES
YES
*PORTIONS OF THE ACT RELATING TO THE REGISTRATION AND LABELING OF PESTICIDES ARE NOT INCLUDED IN
THIS DIGEST.
31a
1975 NEW MEXICO
-------
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
YES
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS YES
PESTICIDE BOARD:
"THERE IS CREATED THE PESTICIDE ADVISORY BOARD CONSISTING OF THE DEAN
OF THE COLLEGE OF AGRICULTURE AT NEW MEXICO STATE UNIVERSITY, THE
DIRECTOR OF THE NEW MEXICO ENVIRONMENTAL IMPROVEMENT AGENCY, THE
DIRECTOR OF THE NEW MEXICO DEPARTMENT OF GAME AND FISH, THE DIRECTOR
OF THE NEW MEXICO STATE PLANNING OFFICE AND THE DIRECTOR OF THE NEW
MEXICO DEPARTMENT OF AGRICULTURE OR THEIR DESIGNEES. THE PESTICIDE
ADVISORY BOARD IS CREATED TO ASSURE THE CONTINUATION OF THE BASIC
POLICY OF THE STATE TO PROTECT AND IMPROVE THE ENVIRONMENT BY ASSUR-
ING THE PROPER REGISTRATION, DISTRIBUTION AND USE OF PESTICIDES AND
DEVICES.
"THE PESTICIDE ADVISORY BOARD SHALL (MEET) AT LEAST ONCE EACH YEAR
PRIOR TO NOVEMBER 1, REVIEW ALL PESTICIDES IN USE OR PROPOSED TO BE
USED IN THE STATE AND, DETERMINE WHICH PESTICIDES SHOULD NOT BE REGIS-
TERED IN THE STATE, WHICH SHOULD BE DESIGNATED RESTRICTED USE PESTI-
CIDES, AND THE USE TO WHICH RESTRICTED USE PESTICIDES MAY BE PUT.
IN DETERMINING THE USE TO WHICH RESTRICTED USE PESTICIDES MAY BE PUT,
THE PESTICIDE ADVISORY BOARD SHALL CONSIDER THE NEED FOR CONTROL OF
THE TARGET PEST, WHETHER THE USE OF EFFECTIVE ALTERNATE MATERIALS IS
PRACTICABLE AND WHETHER THE USE OF ALTERNATE MATERIALS IS HAZARDOUS
TO THE ENVIRONMENT OR PUBLIC HEALTH AND WELFARE, OR BOTH.
"THE FINDINGS OF THE PESTICIDE ADVISORY BOARD SHALL BE SUBMITTED TO
THE BOARD IN PROMULGATING REGULATIONS PURSUANT TO THE PESTICIDE
CONTROL ACT."
1975
31b
NEW MEXICO
-------
DEFINITIONS:
(LAW)
(REGULATION)
1. APPARATUS
2. BOARD
3. DEPARTMENT
4. DEVICE
5. DISTRIBUTE
6. ENVIRONMENT
7. INGREDIENT STATEMENT
8. INSECT
9. LABEL
10. LABELING
11. PERSON
12. PEST
13. PESTICIDE
14. PESTICIDE DEALER
15. PEST MANAGEMENT CONSULTANT
16. REGISTRANT
17. RESTRICTED USE PESTICIDE
18. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
1. ACTIVE INGREDIENT
2. AIRCRAFT APPARATUS
3. ANTIDOTE
4. BAIT
5. BENEFICIAL INSECTS
6. CERTIFIED APPLICATOR
7. DEFOLIANT
8. DESICCANT
9. FUNGUS
10. GROUND APPARATUS
11. ILLEGAL RESIDUE
12. INERT INGREDIENT
13. MANUAL APPARATUS
14. OPERATOR OR SERVICEMAN
15. PERMIT
16. PEST
17. PEST CONTROL OPERATOR
18. PLANT REGULATOR
19. PRIVATE APPLICATOR
20. PROTECTIVE EQUIPMENT
21. SPRAY ADJUVANT
22. WEED
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
SURETY BOND:
AIRCRAFT
GROUND OR MANUAL
OR,
LIABILITY INSURANCE:
AIRCRAFT, BODILY INJURY
PROPERTY DAMAGE
SINGLE LIMIT, BODILY INJURY
AND PROPERTY DAMAGE
GROUND OR MANUAL:
BODILY INJURY
PROPERTY DAMAGE
SINGLE LIMIT, BODILY INJURY
AND PROPERTY DAMAGE
MAXIMUM AMOUNT DEDUCTIBLE:
AIRCRAFT
GROUND OR MANUAL
$ 100,000.00
50,000.00
25,000/50,000
50,000.00
100,000.00
25,000.00
25,000.00
50,000.00
500.00
250.00
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A PETTY MISDEMEANOR.
PEST CONTROL ACT (QUARANTINE AND CONTROL ACT)
(N. M. STAT., ANN., S 45-8-39 TO S 45-8-47, 1953)
1975
31c
NEW MEXICO
-------
(NY-32-02-01)
NEW YORK
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
CUSTOM APPLICATION OF PESTICIDES
(N. Y. ENVIR. CON. LAW, S 33-0901 TO 33-0905,SUPP. 1974)
UNLAWFUL TO ENGAGE IN CUSTOM APPLICATION OF PESTICIDES UNLESS CERTI-
FIED AND REGISTERED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
FARMER OWNER OF GROUND EQUIPMENT APPLYING PESTICIDES ON OWN OR
NEIGHBOR'S LAND AND NOT ENGAGED IN COMMERCIAL APPLICATION, AND ANY
PERSON APPLYING PESTICIDES WITH GROUND EQUIPMENT ON OWN PREMISES;
BUT MUST HAVE A PERMIT TO PURCHASE, POSSESS, OR USE A RESTRICTED USE
PESTICIDE.
CUSTOM APPLICATOR
APPLICANT MUST SATISFY COMMISSIONER THAT HE HAS SUFFICIENT KNOW-
LEDGE AND EXPERIENCE CONCERNING THE PROPER USE AND APPLICATION OF
PESTICIDES.
ON FORM PRESCRIBED BY COMMISSIONER.
NOT SPECIFIED IN ACT.
ESTABLISHED BY REGULATION. CUSTOM APPLICATORS $ 30.00
REGISTRATION ANNUALLY FOR THE PERIOD APRIL 1 THROUGH MARCH 31 OF THE
FOLLOWING YEAR. REGISTRATION MAY BE CANCELLED OR REFUSED FOR SPECI-
FIED CAUSES (INCLUDING APPLICATION OF PESTICIDES CONTRARY TO THE
REGISTERED USAGE).
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
RENEWABLE ANNUALL/.
NO PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
YES
YES
YES
NO
YES
YES
YES
NO
1975
32a
NEW YORK
-------
REQUIRE USE PERMITS
DECLARE RESTRICTED USE
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
YES
YES
YES
YES
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
REQUIRE PURCHASE PERMITS YES
PESTICIDE BOARD: NONE.
DEFINITIONS:
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
NO
FINANCIAL
RESPONSIBILITY.
PENALTIES:
CIVIL
CRIMINAL
1. AIRCRAFT
2. COMMISSIONER
3. CUSTOM APPLICATION
OF PESTICIDES
NO REQUIREMENT.
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
4. GROUND EQUIPMENT
5. PESTICIDES
6. RESTRICTED USE PESTICIDE
(SECTION 33-0303)
RELEVANT LAWS:
NONE.
VIOLATION OF ACT SUBJECT TO FINE OF NOT LESS THAN $50 NOR MORE THAN
$200 FOR FIRST OFFENSE; SECOND OFFENSE SUBJECT TO A FINE OF NOT MORE
THAN $400.
VIOLATION OF REGULATIONS SUBJECT TO A FINE OF NOT MORE THAN $200 FOR
FIRST OFFENSE, AND NOT MORE THAN $400 FOR SECOND AND EACH SUBSEQUENT
VIOLATION.
VIOLATION OF THE CHAPTER LAW IS A MISDEMEANOR SUBJECT TO A FINE OF
NOT LESS THAN $25 NOR MORE THAN $200, OR BY IMPRISONMENT FOR NOT LESS
THAN ONE MONTH, NOR MORE THAN SIX MONTHS, OR BY BOTH FINE AND IM-
PRISONMENT.
ECONOMIC POISON LAW (REGISTRATION LAW)
(N. Y. ENVIR. CON. LAW, S 33-0101 TO 33-0721 AND S 33-1301 TO
33-1503, 1973)
TREATMENT OF STATE WATERS WITH A PESTICIDE
(N. Y. ENVIR. CON. LAW, S 15-0313(4)(A)(B)(C), 1973)
PESTICIDES (HERBICIDES) IN GRAPE VINEYARDS (PROTECTION OF GRAPE
GROWING AREAS)
(N. Y. ENVIR. CON. LAW, S 33-1101 TO 33-1105, 1973)
1975
32b
NEW YORK
-------
(NC-33-03-01)
NORTH CAROLINA
TITLE:
PROHIBITED ACTS:
"STRUCTURAL PEST CONTROL ACT OF NORTH CAROLINA OF 1955"*
(N.C. GEN. STAT., S 106-65.22 TO 106-65.36, SUPP. 1973)
UNLAWFUL TO ENGAGE OR SUPERVISE WORK IN STRUCTURAL PEST CONTROL UN-
LESS LICENSED BY THE STRUCTURAL PEST CONTROL COMMITTEE (AND LICENSE
SIGNED BY THE COMMISSIONER OF AGRICULTURE). UNLAWFUL FOR ANY PERSON
TO USE A PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABEL. USERS
OF RESTRICTED PESTICIDES MUST BE CERTIFIED, OR UNDER DIRECT SUPER-
VISION.
EXEMPTIONS:
PERSONS DOING WORK ON THEIR OWN PROPERTY; AND STATE, FEDERAL AND
LOCAL GOVERNMENTAL AGENCIES.
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
(PHASES)
1. CONTROL OF HOUSEHOLD PESTS
2. CONTROL OF WOOD DESTROYING ORGANISMS
3. FUMIGATION
TWO YEARS EXPERIENCE, OR, ONE OR MORE YEARS TRAINING IN PHASE 2 OR 3
AT COLLEGE OR UNIVERSITY LEVEL, MAY SUBSTITUTE FOR EXPERIENCE ON A
YEAR FOR YEAR BASIS, OR, A DEGREE, WITH STUDIES IN ENTOMOLOGY, SANI-
TARY OR PUBLIC HEALTH ENGINEERING OR RELATED SUBJECTS, AND KNOWLEDGE
OF PRACTICAL AND SCIENTIFIC FACTS REGARDING STRUCTURAL PEST CONTROL.
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
ON FORMS PRESCRIBED AND FURNISHED BY THE COMMITTEE, NOTARIZED AND
UNDER OATH, WITH FINGERPRINTS, PHOTOGRAPH AND $25 EXAMINATION FEE.
WRITTEN, OR BOTH ORAL AND WRITTEN, GIVEN AT LEAST TWICE ANNUALLY
(REGULATIONS PROVIDE FOR MONTHLY EXAMINATIONS); ONE RE-EXAMINATION
MAY BE TAKEN WITHIN ONE YEAR WITHOUT PAYING ADDITIONAL EXAMINATION
FEE; 70% IS PASSING GRADE.
APPLICATION
EXAMINATION
ANNUAL LICENSE FEE (ONE PHASE)
ADDITIONAL LICENSES FOR EACH PHASE
LATE RENEWAL (BEFORE AUGUST 1)
DUPLICATE LICENSE
REGISTRATION OF SOLICITORS AND SERVICEMEN
RENEWAL, SOLICITORS AND SERVICEMEN
DUPLICATE IDENTIFICATION CARDS
$
NONE
25.00
100.00
50.00
10.00
5.00
20.00
20.00
1.00
APPLICANTS PASSING EXAMINATION MUST APPLY FOR LICENSES WITHIN SIX
MONTHS, OR BE SUBJECT TO RE-EXAMINATION; EXPIRES JUNE 30.
NO PROVISION FOR RECIPROCITY. NONRESIDENT LICENSEES MUST DESIGNATE
A RESIDENT AGENT TO ACCEPT SERVICE OF LEGAL PROCESSES, AND TO SAME
RECORDS AS REQUIRED OF RESIDENT LICENSEES.
*THIS ACT WAS AMENDED BY SENATE BILL NO. 537, APPROVED MAY 17, 1973, AND BY SENATE BILL NO. 502,
APPROVED JUNE 12, 1975. THE ACT WAS RATIFIED ON MAY 17, 1955; BECAME EFFECTIVE JULY 1, 1955;
WAS AMENDED IN 1957, 1967, 1973 and 1975.
33a
1975
NORTH CAROLINA
-------
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
NO
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
ENFORCE THE ACT YES
RESTRICT USAGE YES
COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RECORDS/REPORTS YES
KEEP TWO YEARS
SUBMIT COPIES YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
"THERE IS HEREBY CREATED A STRUCTURAL PEST CONTROL COMMITTEE ... OF
FIVE MEMBERS. THE COMMISSIONER OF AGRICULTURE SHALL DESIGNATE ONE
MEMBER OF THE BOARD OF AGRICULTURE ... AS AN EX OFFICIO MEMBER ...
(AND) AN EMPLOYEE OF THE DEPARTMENT (AS A MEMBER). THE DEAN OF THE
SCHOOL OF AGRICULTURE OF NORTH CAROLINA STATE UNIVERSITY AT RALEIGH
SHALL APPOINT ONE MEMBER (FROM THE ENTOMOLOGY FACULTY). THE GOVERNOR
SHALL APPOINT TWO MEMBERS ... (LICENSEES) ACTIVE ENGAGED ... IN AT
LEAST TWO PHASES (CATEGORIES) OF STRUCTURAL PEST CONTROL ... MEMBERS
(EXCEPT STATE EMPLOYEES) SHALL RECEIVE $20 PER DIEM ... ALL MEMBERS
... 8C PER MILE FOR TRAVEL ..." (THREE MEMBERS CONSTITUTE A QUORUM
AND THREE MEMBERS MAY CALL A SPECIAL MEETING.)
1975
33b
NORTH CAROLINA
-------
DEFINITIONS:
(LAW)
(REGULATION)
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
1. ANIMAL
2. APPLICANT
3. ATTRACTANTS
4. BRANCH OFFICE
5. CERTIFIED APPLICATOR
6. COMMISSIONER (OF AGRICULTURE)
7. COMMITTEE
8. DEVICE
9. DIRECTOR
10. EMPLOYEE
11. FUMIGANTS
12. FUNGI
13. INSECT
14. INSECTICIDES
15. LABEL
16. LICENSEE
17. PERSON
18. PEST
19. PESTICIDE
20. REGISTERED PESTICIDE
21. REPELLENTS
22. RESTRICTED USE PESTICIDE
23. RODENTICIDES
24. STRUCTURAL PEST
25. UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
1. ACT AND/OR LAW
2. ACUTELY TOXIC RODENTICIDAL
BAITS
3. ATTRACTANTS
4. BOARD OF AGRICULTURE
5. CHEMICALS
6. COMMISSIONER
7. COMMON LABOR
8. COMPLETE SURFACE RESIDUAL
SPRAY
9. DEPARTMENT
10. DISCIPLINARY ACTION
11. DIVISION
12. ENCLOSED SPACE
13. ENFORCEMENT AGENCY
14. FLAMMABLE PESTICIDE FOG
15. FUMIGATION
16. FUMIGATION CREW OR CREWS
17. FUMIGATION OPERATION
18. FUMIGATION PERIOD
19. FUMIGATION SUPERVISOR
20. FUMIGATOR
21. FUNGI
22. GENERAL FUMIGATION
23. HOUSEHOLD
24. HOUSEHOLD PEST CONTROL
25. INFESTATION
26. INSPECTION FOR WOOD-DESTROY-
ING ORGANISMS
27. INSPECTOR
28. JOBS
29. LETTERS OF CLEARANCE
30. LICENSE AND BUSINESS
LICENSE (SYNONYMOUS)
31. LICENSED STRUCTURAL PEST
CONTROL OPERATION, OR
PEST CONTROL OPERATION, OR
OPERATOR, OR LICENSED
OPERATOR (THE LICENSEE)
32. LIQUIFIED GAS AEROSOL
33. PRACTICAL EXPERIENCE
34. SECRETARY (TO THE COMMITTEE)
35. SPACE SPRAY
36. SPOT FUMIGATION
37. SPOT SURFACE RESIDUAL SPRAY
38. STRUCTURAL PESTS
39. STRUCTURE
40. SUB-SLAB FUMIGATION
41. TOXIC CHEMICALS
42. UNAUTHORIZED PERSONNEL
43. WAIVER (PERMITS DEVIATION
FROM STANDARDS)
44. WOOD DESTROYING ORGANISMS
NONE; HOWEVER, IF LICENSEE REPRESENTS HIMSELF AS BEING BONDED, THEN
HE MUST IN FACT BE BONDED AND SHALL MAKE FULL DISCLOSURE OF TERMS
AND CONDITIONS OF BOND TO EACH CUSTOMER.
NONE.
VIOLATION OF ACT OR REGULATION CONSTITUTES A MISDEMEANOR SUBJECT TO
FINE OR IMPRISONMENT, OR BOTH FINE AND IMPRISONMENT, AT THE DISCRE-
TION OF THE COURT.
1975
33c
NORTH CAROLINA
-------
RELEVANT LAWS: "NORTH CAROLINA PESTICIDE LAW OF 1971"
(N.C. GEN. STAT., S 143.434 TO 143.470, 1974)
33d
1975 NORTH CAROLINA
-------
(NC-33-04-01)
NORTH CAROLINA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
"NORTH CAROLINA PESTICIDE LAW OF 1971"
(N.C. GEN. STAT., S 143-434 TO 143-470, SUPP. 1974)
UNLAWFUL TO:
(1) REGISTRATION LAW - TO DISTRIBUTE, SELL, OR TRANSPORT IN INTRA-
STATE COMMERCE PESTICIDES NOT REGISTERED WITH THE PESTICIDE BOARD,
NOT PROPERLY LABELED, NOT IN THE MANUFACTURER'S UNBROKEN IMMEDIATE
CONTAINER, AND (FOR CERTAIN ONES) NOT PROPERLY COLORED; TO DETATCH,
ALTER, DEFACE, OR DESTROY ANY LABEL; TO ADD SUBSTANCES TO OR TAKE
MATERIAL FROM A PESTICIDE; TO REVEAL (WITH CERTAIN EXCEPTIONS) OR
USE FOR OWN ADVANTAGE ANY INFORMATION GAINED WHEN REGISTERING A
PESTICIDE.
(2) SALE AND USE LAW - TO ENGAGE IN BUSINESS AS A PESTICIDE DEALER
UNLESS LICENSED BY THE PESTICIDE BOARD; TO ENGAGE IN THE BUSINESS
OF PESTICIDE APPLICATOR OR PERFORM SERVICES AS A PEST CONTROL CON-
SULTANT, UNLESS LICENSED BY THE PESTICIDE BOARD! TO USE A RESTRICTED
PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABEL.
(1) REGISTRATION - COMMON CARRIERS TRANSPORTING PESTICIDES, PUBLIC
OFFICIALS PERFORMING OFFICIAL DUTIES, PESTICIDES MARKED FOR EXPERI-
MENTAL USE ONLY, AND PESTICIDES MANUFACTURED TO FOREIGN CUSTOMERS'
SPECIFICATIONS FOR EXPORT.
(2) DEALERS AND APPLICATORS - BY DEFINITION, FARMERS ARE NOT
APPLICATORS.
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
A. DEALERS
(CLASSES)
1. PESTICIDE APPLICATORS - GROUND
2. PESTICIDE APPLICATORS - AERIAL CONTRACTORS AND PILOTS
3. PUBLIC OPERATORS - GROUND
4. PUBLIC OPERATORS - AERIAL CONTRACTORS AND PILOTS
(SUB-CLASSES, OF 1 AND 3 ABOVE)
1. DISEASE VECTOR CONTROL
2. FOREST PEST CONTROL
3. AGRICULTURAL PEST CONTROL
4. RIGHTS-OF-WAY
5. REGULATED PEST CONTROL
(SUB CLASSES OF CLASS 2 AND 4)
6. LIVESTOCK PEST CONTROL
7. ORNAMENTAL TREE, PLANT AND
TURF PEST CONTROL
8. FUMIGATION
9. AQUATIC PEST CONTROL
SAME AS 1,2,3,4,5 AND 9, NEXT ABOVE
PROVISION MADE FOR APPRENTICE PESTICIDE APPLICATORS.
TWO YEARS AS EMPLOYEE OR OWNER-OPERATOR IN FIELD OF PESTICIDE SALES,
BUT MAY SUBSTITUTE, YEAR FOR YEAR, TRAINING IN PESTICIDES OR PEST
CONTROL RECEIVED UNDER COLLEGE SUPERVISION, OR A COLLEGE DEGREE WITH
TRAINING IN ENTOMOLOGY, PLANT PATHOLOGY, WEED SCIENCE OR RELATED
SUBJECTS, INCLUDING SOME PRACTICAL EXPERIENCE. ALL APPLICANTS MUST
HAVE REACHED 18TH BIRTHDAY.
1975
33e
NORTH CAROLINA
-------
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
"... SHALL BE IN THE FORM AND SHALL CONTAIN THE INFORMATION PRE-
SCRIBED BY THE BOARD "
WRITTEN, OR ORAL AND WRITTEN, EXAM REQUIRED TO TEST APPLICANTS'
KNOWLEDGE OF PESTICIDES, THEIR USEFULNESS AND HAZARDS, AND THE LAWS
AND REGULATIONS RELATING TO SALE AND USE OF PESTICIDES.
APPLICATION FEE $ 25.00
LICENSE RENEWAL FEE 25.00
DELINQUENT RENEWAL FEE, PENALTY 25%
CALENDAR YEAR LICENSE, EXPIRES DECEMBER 31.
RENEWAL MUST BE FILED ON OR BEFORE JANUARY 1.
B. APPLICATORS AND CONSULTANTS
TWO YEARS EXPERIENCE AS AN EMPLOYEE OR OWNER-OPERATOR IN THE FIELD
OF PESTICIDE APPLICATION OR PESTICIDE CONSULTING, BUT MAY SUBSTITUTE
YEAR FOR YEAR, TRAINING RECEIVED UNDER COLLEGE SUPERVISION IN LIEU
OF EXPERIENCE; OR A COLLEGE DEGREE, WITH TRAINING IN ENTOMOLOGY,
SANITARY OR PUBLIC HEALTH ENGINEERING, PLANT PATHOLOGY, WEED SCIENCE
OR RELATED SUBJECTS; INCLUDING SOME PRACTICAL EXPERIENCE; OR IN THE
CASE OF LOCAL PUBLIC EMPLOYEES ENGAGED IN PUBLIC PEST CONTROL, SUF-
FICIENT EXPERIENCE TO SATISFY THE BOARD OF THEIR QUALIFICATIONS.
ALL APPLICANTS MUST HAVE REACHED 18TH BIRTHDAY.
"... SHALL BE IN THE FORM AND CONTAIN THE INFORMATION PRESCRIBED
BY THE BOARD "
WRITTEN, OR ORAL AND WRITTEN, EXAM REQUIRED TO TEST APPLICANTS'S
KNOWLEDGE OF THE USEFULNESS AND HAZARDS OF PESTICIDES AND THE LAWS
AND REGULATIONS REGARDING THEIR CONTROL.
APPLICATION FEE
AIRCRAFT INSPECTION FEE (EACH AIRCRAFT)
GROUND EQUIPMENT INSPECTION FEE
LATE FILING FEE, PENALTY
LOST LICENSE REPLACEMENT
$ 25.00
10.00
5.00
25%
2.00
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
PROVISION MADE FOR RECIPROCITY PROVIDED NONRESIDENT MEETS STATE
FINANCIAL RESPONSIBILITY REQUIREMENTS.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
1975
33f
NORTH CAROLINA
-------
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
REQUIRE PURCHASE PERMITS YES POST TREATED AREAS YES
PESTICIDE BOARD: "NORTH CAROLINA PESTICIDE BOARD: CREATION AND ORGANIZATION. —
(A) THERE IS HEREBY ESTABLISHED THE NORTH CAROLINA PESTICIDE BOARD
WHICH TOGETHER WITH THE COMMISSIONER OF AGRICULTURE, SHALL BE RE-
SPONSIBLE FOR CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
(B) THE PESTICIDE BOARD SHALL CONSIST OF SEVEN MEMBERS, TO BE
APPOINTED BY THE GOVERNOR, AS FOLLOWS:
1. ONE MEMBER EACH REPRESENTING THE NORTH CAROLINA DEPARTMENT
OF AGRICULTURE, THE NORTH CAROLINA DEPARTMENT OF HEALTH, AND
A STATE CONSERVATION AGENCY. THE PERSONS SO SELECTED MAY BE
EITHER MEMBERS OF A POLICY BOARD OF DEPARTMENT OFFICIALS OR
EMPLOYEES.
2. A REPRESENTATIVE OF THE AGRICULTURAL CHEMICAL INDUSTRY.
3. A PERSON DIRECTLY ENGAGED IN AGRICULTURAL PRODUCTION.
4. TWO AT-LARGE MEMBERS, FROM FIELDS OF ENDEAVOR OTHER THAN
THOSE ENUMERATED IN PARAGRAPHS (2) AND (3) OF THIS SUBSEC-
TION, ONE OF WHOM SHALL BE A NON-GOVERNMENTAL CONSERVA-
TIONIST.
(C) THE MEMBERS OF THE PESTICIDE BOARD SHALL SERVE STAGGERED FOUR-
YEAR TERMS ANY VACANCY OCCURRING IN THE MEMBERSHIP OF
THE BOARD PRIOR TO THE EXPIRATION OF THE TERM SHALL BE FILLED
BY APPOINTMENT BY THE GOVERNOR .... THE GOVERNOR MAY AT ANY
TIME REMOVE ANY MEMBER FROM THE BOARD FOR GROSS INEFFICIENCY,
NEGLECT OF DUTY, MALFEASANCE, MISFEASANCE OR NONFEASANCE IN
OFFICE
(D) THE BOARD SHALL SELECT ITS CHAIRMAN FROM ITS OWN MEMBERSHIP, TO
SERVE FOR A TERM OF TWO YEARS. THE CHAIRMAN SHALL HAVE A FULL
VOTE. ANY VACANCY OCCURRING IN THE CHAIRMANSHIP SHALL BE FILLED
BY THE BOARD FOR THE REMAINDER OF THE TERM
(E) ANY ACTION OF THE BOARD SHALL REQUIRE AT LEAST FOUR CONCURRING
VOTES.
(F) THE MEMBERS OF THE BOARD WHO ARE NOT OFFICERS OR EMPLOYEES OF
THE STATE SHALL RECEIVE... PER DIEM AND COMPENSATION "
1975
33g
NORTH CAROLINA
-------
"PESTICIDE BOARD: FUNCTIONS. — THE PESTICIDE BOARD SHALL BE THE
GOVERNING BOARD FOR THE PROGRAMS OF PESTICIDE MANAGEMENT AND CON-
TROL SET FORTH IN THIS ARTICLE. THE PESTICIDE BOARD SHALL HAVE
THE FOLLOWING POWERS AND DUTIES UNDER THIS ARTICLE:
(1) TO ADOPT RULES AND REGULATIONS AND MAKE POLICIES FOR THE
PROGRAMS SET FORTH IN THIS ARTICLE.
(2) TO CARRY OUT A PROGRAM OF PLANNING AND OF INVESTIGATION INTO
LONG-RANGE NEEDS AND PROBLEMS CONCERNING PESTICIDES.
(3) TO COLLECT, ANALYZE AND DISSEMINATE INFORMATION NECESSARY FOR
THE EFFECTIVE OPERATION OF THE PROGRAMS SET FORTH IN THIS
ARTICLE.
(4) TO PROVIDE PROFESSIONAL ADVICE TO PUBLIC AND PRIVATE AGENCIES
AND CITIZENS OF THE STATE ON MATTERS RELATING TO PESTICIDES,
IN COOPERATION WITH OTHER STATE AGENCIES, WITH PROFESSIONAL
GROUPS, AND WITH NORTH CAROLINA STATE UNIVERSITY AND OTHER
EDUCATIONAL INSTITUTIONS.
(5) TO ACCEPT GIFTS, DEVISES AND BEQUESTS AND WITH THE APPROVAL
OF THE GOVERNOR TO APPLY FOR AND ACCEPT GRANTS FROM THE
FEDERAL GOVERNMENT AND ITS AGENCIES AND FROM ANY FOUNDATION,
CORPORATION, ASSOCIATION OR INDIVIDUAL, AND MAY COMPLY WITH
THE TERMS, CONDITIONS AND LIMITATIONS OF THE GRANT, IN ORDER
TO ACCOMPLISH ANY OF THE PURPOSES OF THE BOARD, SUCH GRANT
FUNDS TO BE EXPENDED PURSUANT TO THE EXECUTIVE BUDGET ACT.
(6) TO INFORM AND ADVISE THE GOVERNOR ON MATTERS INVOLVING PESTI-
CIDES, AND TO PREPARE AND RECOMMEND TO THE GOVERNOR AND THE
GENERAL ASSEMBLY ANY LEGISLATION WHICH MAY BE DEEMED PROPER
FOR THE MANAGEMENT AND CONTROL OF PESTICIDES IN NORTH
CAROLINA.
(7) TO MAKE ANNUAL REPORTS TO THE GOVERNOR AND TO MAKE SUCH OTHER
INVESTIGATIONS AND REPORTS AS MAY BE REQUESTED BY THE GOVERNOR
OR THE GENERAL ASSEMBLY. (1971,C.832,S.I.)"
"PESTICIDE ADVISORY COMMITTEE: CREATION AND FUNCTIONS. —
(A) THERE IS HEREBY AUTHORIZED THE ESTABLISHMENT OF THE PESTICIDE
ADVISORY COMMITTEE, WHICH SHALL ASSIST THE BOARD AND THE
COMMISSIONER IN AN ADVISORY CAPACITY ON MATTERS WHICH MAY BE
SUBMITTED TO IT BY THE BOARD OR THE COMMISSIONER, INCLUDING
TECHNICAL QUESTIONS AND THE DEVELOPMENT OF RULES AND REGULA-
TIONS .
(B) THE PESTICIDE ADVISORY COMMITTEE SHALL CONSIST OF FIFTEEN
MEMBERS TO BE APPOINTED BY THE BOARD, AS FOLLOWS:
THREE PRACTICING FARMERS
ONE CONSERVATIONIST (AT LARGE)
ONE ECOLOGIST (AT LARGE)
ONE REPRESENTATIVE OF THE PESTICIDE INDUSTRY
ONE REPRESENTATIVE OF AGRI-BUSINESS (AT LARGE)
ONE LOCAL HEALTH DIRECTOR
THREE MEMBERS OF THE NORTH CAROLINA STATE UNIVERSITY
SCHOOL OF AGRICULTURE AND LIFE SCIENCES, AT LEAST ONE
OF WHICH SHALL BE FROM THE AREA OF WILDLIFE AND/OR
BIOLOGY
ONE MEMBER EACH REPRESENTING THE NORTH CAROLINA DEPART-
MENT OF AGRICULTURE, THE NORTH CAROLINA DEPARTMENT OF
HEALTH AND A STATE CONSERVATION AGENCY
ONE REPRESENTATIVE OF A PUBLIC UTILITY OR RAILROAD
COMPANY WHICH USES PESTICIDES, OR OF THE STATE HIGHWAY
COMMISSION.
O q"U
1975 J NORTH CAROLINA
-------
DEFINITIONS:
(C) MEMBERS OF THE PESTICIDE ADVISORY COMMITTEE SHALL SERVE AT
THE PLEASURE OF THE BOARD. THE MEMBERS WHO ARE NOT OFFICERS
OR EMPLOYEES OF THE STATE SHALL RECEIVE REGULAR STATE SUB-
SISTENCE AND TRAVEL EXPENSES. (1971, C. 832, S. 1.)"
1. ACTIVE INGREDIENT
2. ADULTERATED
3. BOARD
4. COMMISSIONER
5. COMMITTEE
6. DEFOLIANT
7. DESICCANT
8. DEVICE
9. ENGAGE IN BUSINESS
10. EQUIPMENT
11. FUNGI
12. FUNGICIDE
13. HERBICIDE
14. INERT INGREDIENT
15. INGREDIENT STATEMENT
16. INSECT
17. INSECTICIDE
18. LABEL
19. LABELING
20. LAND
21. MANUFACTURER
22. MISBRANDED
23. NEMATOCIDE
24. NEMATODE
25. PERSON
26. PEST CONTROL
27. CONSULTANT
28. PESTICIDE
29. PESTICIDE APPLICATOR
30. PESTICIDE DEALER
31. PESTICIDE OPERATOR
32. PLANT REGULATOR
33. PUBLIC OPERATOR
34. REGISTRANT
35. RESTRICTED USE PESTICIDE
36. RODENTICIDE
37. WEED
38. WILDLIFE
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
SURETY BOND, LIABILITY INSURANCE OR CASH DEPOSIT REQUIRED IN AN
AMOUNT TO BE ESTABLISHED BY THE BOARD. THE BOARD MAY ALSO REQUIRE A
PERFORMANCE BOND TO ASSURE PROTECTION IN CASE OF BREACH OF CONTRACT.
REGULATIONS REQUIRE: (MINIMUM)
1. PESTICIDE APPLICATOR (AERIAL)
PROPERTY DAMAGE
BODILY INJURY
2. PESTICIDE APPLICATORS (GROUND)
PROPERTY DAMAGE
BODILY INJURY
3. MAXIMUM DEDUCTIBLE
$ 50,000/100,000
50,000/100,000
10,000/25,000
50,000/100,000
250.00
NONE.
VIOLATION OF THE ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUB-
JECT TO A FINE OF NOT LESS THAN $100, NOR MORE THAN $1000, OR
IMPRISONMENT FOR NOT MORE THAN 60 DAYS, OR BOTH FINE AND IMPRISON-
MENT. EACH DAY OF VIOLATION FOLLOWING RECEIPT OF WRITTEN NOTICE
FROM THE BOARD CONSTITUTES ANOTHER VIOLATION.
STRUCTURAL PEST CONTROL ACT OF NORTH CAROLINA OF 1955
(N. C. GEN. STAT., S 106-65.22 TO 106-65.33, SUPP. 1971)
AN ACT REGULATING THOSE WHO CONTROL WOOD-DESTROYING ORGANISMS AND
HOUSEHOLD PESTS. INCLUDES FUMIGATORS.
LABELING OF HOUSEHOLD CLEANERS
(N. C. GEN STAT., S 66.85 TO 66.88, 1966)
AN ACT TO REQUIRE THAT MANUFACTURERS OF HOUSEHOLD CLEANERS WHICH
CONTAIN VOLATILE SUBSTANCES CAPABLE OF PRODUCING TOXIC EFFECTS TO
LABEL SUCH CLEANERS WITH A WARNING AS TO THEIR CONTENTS AND WITH
DIRECTIONS AS TO THEIR SAFE USE.
1975
331
NORTH CAROLINA
-------
NORTH CAROLINA PLANT PEST LAW
(N. C. GEN. STAT., S 106-419 ET SEQ., 1966)
THE ACT AUTHORIZES THE BOARD OF AGRICULTURE TO ISSUE REGULATIONS
RELATING TO THE CONTROL OF PLANT PESTS, INCLUDING INSPECTION AND
QUARANTINE. IT INCLUDES REGULATION AND LICENSING OF PLANT NUR-
SERIES.
PROTECTION OF FORESTS AGAINST INSECT INFESTATIONS AND DISEASE
(N. C. GEN. STAT., S 113-60.5 ET SEQ., 1966)
PLACES AUTHORITY AND RESPONSIBILITY WITHIN THE DEPARTMENT OF CON-
SERVATION AND DELVELOPMENT, DIVISION OF FORESTRY, FOR INVESTIGATING
INSECT INFESTATIONS OR DISEASE INFECTIONS AND DEVISING OR EFFECTING
CONTROL MEASURES.
33 j
1975 NORTH CAROLINA
-------
(ND-34-02-01)
NORTH DAKOTA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
"NORTH DAKOTA PESTICIDE ACT OF 1975"
(N.D. CENT. CODE, S 4-35-01 TO 4-35-28, SUPP. 1975)
UNLAWFUL FOR ANY PERSON TO PURCHASE, USE, OR SUPERVISE THE USE OF
RESTRICTED PESTICIDES, UNLESS CERTIFIED. DEALERS IN RESTRICTED
PESTICIDES MUST BE LICENSED.
LABORATORY RESEARCH WORK; DOCTORS OF MEDICINE, AND VETERINARIANS IN
THEIR PRACTICE.
ORNAMENTAL OR AGRICULTURAL PESTICIDE APPLICATORS
PEST CONTROL OPERATORS
PUBLIC OPERATORS
RIGHT-OF-WAY APPLICATORS
OTHER CATEGORIES AUTHORIZED BY REGULATION
TO BE ESTABLISHED BY REGULATIONS OF THE BOARD. MAY ACCEPT FEDERAL
STANDARDS.
MADE TO COUNTY AGENT IN COUNTY OF RESIDENCE.
APPLICANTS EXAMINED BY THE COUNTY AGENT, AND IF FOUND QUALIFIED ARE
THEN CERTIFIED.
COMMERCIAL APPLICATORS EXAMINATION FEE
COMMERCIAL APPLICATORS LICENSE
PESTICIDE DEALERS LICENSE
PUBLIC OPERATOR LICENSE
PRIVATE APPLICATOR CERTIFICATE
$ 5.00
25.00
10.00
NO FEE
NO FEE
LICENSE ISSUED BY COUNTY TREASURER TO CERTIFIED APPLICATORS. PRIVATE
APPLICATOR CERTIFICATE ISSUED BY COUNTY AGENT, NO LICENSE REQUIRED.
LICENSES EXPIRE DECEMBER 31.
REEXAMINATION REQUIRED ONLY WHEN NEW KNOWLEDGE AND TECHNOLOGY MAY SO
REQUIRE.
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQIPMENT
PROVISIONS FOR RECIPROCITY. MUST APPOINT RESIDENT AGENT TO ACCEPT
SERVICE OF LEGAL PROCESSES.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
1975
34a
NORTH DAKOTA
-------
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE IS HEREBY CREATED THE PESTICIDE CONTROL BOARD, HEREINAFTER
ALSO CALLED THE "BOARD", CONSISTING OF THE COMMISSIONER OF AGRI-
CULTURE, THE DIRECTOR OF THE COOPERATIVE EXTENSION DIVISION OF THE
NORTH DAKOTA STATE UNIVERSITY OF AGRICULTURE AND APPLIED SCIENCE,
AND THE DIRECTOR OF THE AGRICULTURAL EXPERIMENT STATION AT NORTH
DAKOTA STATE UNIVERSITY OF AGRICULTURE AND APPLIED SCIENCE. THE
COMMISSIONER OF AGRICULTURE SHALL BE CHAIRMAN OF THE BOARD AND
SHALL BE RESPONSIBLE FOR THE ENFORCEMENT OF THIS ACT. THE BOARD
SHALL MEET AT THE CALL OF THE CHAIR. THE MEMBERS OF THE BOARD
SHALL BE COMPENSATED FOR THEIR EXPENSES IN PERFORMING THEIR DUTIES
UNDER THIS ACT AT THE SAME RATE AS OTHER STATE OFFICIALS AND THE
BOARD'S EXPENSES SHALL BE PAID FROM FUNDS PROVIDED FOR THE ADMINIS-
TRATION OF THIS ACT TO THE COMMISSIONER OF AGRICULTURE. THE BOARD
MAY THROUGH THE OFFICE OF THE COMMISSIONER OF AGRICULTURE, AND ONE
PERSON ON THE COMMISSIONER'S STAFF MAY BE SPECIFICALLY RESPONSIBLE
TO, OR ACT AS THE STATE-LEVEL AGENT OF, THE BOARD.
DEFINITIONS:
1. ANIMAL
2. ANTIDOTE
3. BENEFICIAL INSECT
4. CERTIFIED APPLICATOR
5. COMMERCIAL APPLICATOR
6. DEFOLIANT
7. DESICCANT
8. DEVICE
9. DISTRIBUTE
10. ENVIRONMENT
11. EQUIPMENT
12. FUNGUS
13. INSECT
14. LABEL
15. LABELING
16. LAND
17. NEMATODE
18. PERSON
19. PEST
20. PESTICIDE
21. PESTICIDE DEALER
22. PLANT REGULATOR
23. PRIVATE APPLICATOR
24. PROTECT HEALTH AND
ENVIRONMENT
25. PUBLIC OPERATOR
26. RESTRICTED USE PESTICIDE
27. SNAILS OR SLUGS
28. TANK MIX
29. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
30. WEED
31. WILDLIFE
1975
34b
NORTH DAKOTA
-------
FINANCIAL NO REQUIREMENTS.
RESPONSIBILITY:
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF ACT BY COMMERCIAL APPLICATORS AND DEALERS CONSTITUTES A
CLASS A MISDEMEANOR. VIOLATION OF ACT BY PRIVATE APPLICATOR CONSTI-
TUTES A CLASS B MISDEMEANOR.
RELEVANT LAWS: "INSECTICIDE FUNGICIDE AND RODENTICIDE ACT OF 1947" (REGISTRATION LAW)
(N. D. CENT. CODE, S 19-18-01 TO 19-18-11, 1971)
AERIAL SPRAYING (SPRAYING, DUSTING, FERTILIZING AND INSECT CONTROL)
(N. D. CENT. CODE, S 2-05-18, SUPP. 1973)
34c
1975 NORTH DAKOTA
-------
(ND-34-05-01)
NORTH DAKOTA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AERIAL SPRAYING (SPRAYING, DUSTING, FERTILIZING AND INSECT CONTROL)
(N. D. CENT. CODE, S 2-05-18, SUPP. 1973)
UNLAWFUL TO ENGAGE IN AERIAL SPRAYING WITHOUT OBTAINING A LICENSE
FOR EACH AIRCRAFT FROM NORTH DAKOTA AERONAUTICS COMMISSION.
NONE, BUT CERTAIN PRIVILEGES GRANTED PRIVATE PILOT SPRAYING ON OWN
LAND.
CERTIFIED AGRICULTURAL CHEMICAL AERIAL APPLICATOR
NOT SPECIFIED IN ACT EXCEPT MUST COMPLY WITH ALL REGULATIONS OF
AERONAUTICS COMMISSION, AND FAA, CHIEF PILOT MUST HAVE CERTAIN MIMI-
MUM HOURS OF FLYING EXPERIENCE AS AERIAL AGRICULTURAL APPLICATOR.
ON FORMS PROVIDED BY COMMISSION.
OPEN BOOK EXAMINATIONS. ANNUAL AERIAL APPLICATORS EDUCATIONAL SEMI-
NAR CONDUCTED EACH YEAR BY EXTENSION SERVICE OF STATE UNIVERSITY,
AT WHICH TIME APPLICANTS MAY T^KE EXAMINATION.
EACH AIRCRAFT
$ 15.00
LICENSE ISSUED UPON PAYMENT OF FEES AND COMPLIANCE WITH REGULATIONS.
VALID FOR TWO YEARS. MAY BE REVOKED FOR CAUSE.
UPON APPLICATION.
PROVISIONS FOR RECIPROCITY.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES NO
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRAi^SPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE NO
PESTICIDES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE NO
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION NO
STANDARDS
1975
34d
NORTH DAKOTA
-------
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NO
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
NONE.
NONE.
APPLICANTS MUST FURNISH AFFIDAVIT THAT THERE ARE NO UNSETTLED CLAIMS
OR UNSATISFIED JUDGMENTS RESULTING FROM PRIOR AERIAL PESTICIDE OPERA-
TIONS IN NORTH DAKOTA. NONRESIDENTS MUST POST BOND IN AMOUNT EQUAL
TO THAT OF THEIR STATE OF RESIDENCE.
NONE.
VIOLATION OF SECTION 2-05-18 SUBJECT TO A FINE NOT EXCEEDING $100, OR
IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BOTH FINE AND IMPRISONMENT.
"INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT OF 1947"
(REGISTRATION LAW)
(N. D. CENT. CODE, S 19-18-01 TO 19-18-11, 1971)
AMENDED MARCH 29, 1971; ADMINISTERED BY THE STATE FOOD COMMISSIONER
AND CHEMIST, STATE LABORATORIES DEPARTMENT.
"LIVESTOCK MEDICINE"
(N. D. CENT. CODE, S 19-14-01 TO 19-14-08, 1960)
"HAZARDOUS SUBSTANCES LABELING ACT"
(N. D. CENT. CODE, S 19-21-01 TO 19-21-10, 1960)
INTERSTATE PEST CONTROL COMPACT
(N. D. CENT. CODE, S 4-32-01 TO 4-32-09, 1960)
"NORTH DAKOTA PESTICIDE ACT OF 1975"
(N. D. CENT. CODE, S 4-35-01 TO 4-35-28, SUPP. 1975)
1975
34e
NORTH DAKOTA
-------
(OH-35-02-01)
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
OHIO
PESTICIDE USE AND APPLICATION ACT
(OHIO REV. CODE, S 921.41 TO 921.53, SUPP. 1974)
UNLAWFUL TO ACT AS A (1) PESTICIDE APPLICATOR, (2) PESTICIDE OPERA-
TOR, OR (3) PUBLIC OPERATOR UNLESS LICENSED BY THE DIRECTOR OF
AGRICULTURE.
APPLICATION BY A PERSON UPON HIS OWN PROPERTY OR BY INDIVIDUALS UPON
LAND THEY LEASE FOR AGRICULTURAL PURPOSES, APPLICATION BY STATE OR
FEDERAL AGENCIES, AND GOVERNMENT RESEARCH PERSONNEL APPLYING PESTI-
CIDES FOR EXPERIMENTAL PURPOSES (NO EXEMPTION FOR A "RESTRICTED USE
PESTICIDE"), AND STRUCTURAL PEST CONTROL. ALL PERSONS WHO PURCHASE
OR USE RESTRICTED USE PESTICIDES MUST OBTAIN A PERMIT FROM COUNTY
EXTENSION AGENT OR OTHER DESIGNATED OFFICES.
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
1. AERIAL PEST CONTROL
2. AGRICULTURAL PEST CONTROL
A. AGRONOMIC PEST CONTROL
B. HORTICULTURAL PEST CONTROL
C. AGRICULTURAL WEED CONTROL
3. AQUATIC PEST CONTROL
A. GENERAL AQUATIC PEST CONTROL
B. SWIMMING POOL PEST CONTROL
4. MOSQUITO, HOUSEFLY AND VECTOR CONTROL
5. INDUSTRIAL VEGETATION CONTROL
A. GENERAL INDUSTRIAL VEGETATION CONTROL
B. TIMBER STAND IMPROVEMENT (TS1)
C. BLACKTOPPING
6. ORNAMENTAL PLANT AND SHADE TREE PEST CONTROL
7. VERTEBRATE ANIMAL CONTROL
8. TURF PEST CONTROL
9. ANIMAL PEST CONTROL
A. GENERAL ANIMAL PEST CONTROL
B. SHEEP DIPPING
10. SPECIALIZED
A. TOBACCO SUCKER CONTROL
B. SOIL FUMIGATION
DIRECTOR MUST FIND "APPLICANT QUALIFIED."
"... SHALL BE MADE ON A FORM PRESCRIBED BY THE DIRECTOR ..
STATE THE APPLICANT'S QUALIFICATIONS ... TYPE OF OPERATION
OTHER INFORMATION ..."
SHALL
.. AND
"THE DIRECTOR SHALL REQUIRE EACH APPLICANT ... TO BE EXAMINED ON
HIS KNOWLEDGE OF THE PROPER USE AND APPLICATION OF PESTICIDES ...
FEES
ISSUANCE
PESTICIDE APPLICATOR
PESTICIDE OPERATOR
PUBLIC OPERATOR
$ 50.00
10.00
NONE
LICENSE ISSUED UPON APPLICANT BEING FOUND QUALIFIED. LICENSES
EXPIRE ON THE LAST DAY OF FEBRUARY. DIRECTOR MAY DETERMINE THAT
A NEW EXAMINATION IS REQUIRED. LICENSES MAY BE CANCELLED FOR
LISTED VIOLATION OF THE ACT OR REGULATIONS.
1975
35a
OHIO
-------
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
YES
RENEWABLE UPON PAYMENT OF FEE. IF APPLICATION FOR RENEWAL FILED
AFTER MARCH 1, PENALTY OF 25% ADDED TO FEE.
PROVISION FOR RECIPROCITY.
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
11 ... THERE IS HEREBY CREATED AN INTERAGENCY PESTICIDE ADVISORY
COUNCIL CONSISTING OF THE DIRECTOR OF AGRICULTURE OR HIS DESIGNEE
WHO SHALL SERVE AS CHAIRMAN, THE DIRECTOR OF ENVIRONMENTAL PROTEC-
TION, THE DIRECTOR OF HEALTH, THE DIRECTOR OF NATURAL RESOURCES,
DEAN OF THE COLLEGE OF AGRICULTURE OF THE OHIO STATE UNIVERSITY,
THE DEAN OF THE COLLEGE OF BIOLOGICAL SCIENCES OF THE OHIO STATE
UNIVERSITY ... THE DIRECTOR OF THE OHIO AGRICULTURAL RESEARCH AND
DEVELOPMENT CENTER ... ONE MEMBER OF THE HOUSE OF REPRESENTATIVES
AND ONE MEMBER OF THE SENATE ... TO FORMULATE POLICIES AND CO-
ORDINATE EFFORTS AMONG STATE AGENCIES ...
"... THE DIRECTOR OF AGRICULTURE SHALL ESTABLISH ... A COMMITTEE
OF NOT LESS THAN 5, NOR MORE THAN 11, MEMBERS TO ASSIST HIM IN
35b
1975
OHIO
-------
ESTABLISHING STANDARDS OF TRAINING, EXAMINATION AND LICENSING OF
APPLICATORS OR ... OPERATORS ..."
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. AIRCRAFT
2. BENEFICIAL INSECTS
3. CUSTOM APPLICATION
4. GROUND EQUIPMENT
5. PEST
6. PESTICIDE
7. PESTICIDE APPLICATOR
8. PESTICIDE OPERATOR
9. PUBLIC OPERATOR
10. RESTRICTED USE PESTICIDE
11. STRUCTURE
12. WILDLIFE
THE ACT ALSO ADOPTS BY REFERENCE ALL OF THE DEFINITIONS USED IN THE
ECONOMIC POISON ACT.
CATEGORIES 9B, 4(GROUND), AND 5C:
INSURANCE
BODILY INJURY
PROPERTY DAMAGE
OR,
SURETY BOND
BODILY INJURY
PROPERTY DAMAGE
CATEGORY 5B:
INSURANCE
BODILY INJURY
PROPERTY DAMAGE
OR,
SURETY BOND
ALL OTHER CATEGORIES
INSURANCE
BODILY INJURY
PROPERTY DAMAGE
OR,
SURETY BOND
NONE.
$ 25,000/50,000
10,000/25,000
50,000.00
25,000.00
10,000/20,000
10,000/20,000
20,000.00
100,000/300,000
20,000/100,000
300,000.00
VIOLATION OF THE LAW SUBJECT TO A FINE OF NOT MORE THAN $200; SUBSE-
QUENT VIOLATIONS SUBJECT TO A FINE OF NOT MORE THAN $400 OR IMPRIS-
ONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH FINE AND IMPRISONMENT.
ECONOMIC POISON LAW (REGISTRATION LAW)
(OHIO REV. CODE, S 921.11 TO 921.16, SUPP. 1974)
CONTROL MEASURES FOR HERBICIDES
(OHIO REV. CODE, S 921.06 TO 921.07, 1954)
LABELING HAZARDOUS SUBSTANCES
(OHIO REV. CODE, S 3716.01 TO 3716.08, 1954)
1975
35c
OHIO
-------
(OK-36-02-01)
OKLAHOMA
TITLE:
PROHIBITED ACTS;
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"OKLAHOMA PESTICIDE APPLICATORS LAW"
(OKLA. STAT. TIT. 2, S 3-81 TO 3-88, 1971)
UNLAWFUL TO ENGAGE IN CUSTOM APPLICATION OF PESTICIDES WITHOUT A
(PERMIT) LICENSE FROM THE STATE BOARD OF AGRICULTURE.
THE ACT EXEMPTS THE APPLICATION OF PESTICIDES ON LAWNS, TREES,
SHRUBS, AND IN THE CONTROL OF TERMITES AND HOUSEHOLD INSECTS.
THESE ACTS ARE COVERED UNDER SEPARATE LAWS.
CUSTOM APPLICATOR
HERBICIDE APPLICATOR
THE BOARD MUST FIND THE APPLICANT "QUALIFIED" AND POSSESSING
"FITNESS" AS AN APPLICATOR.
THE FORM PRESCRIBED BY THE BOARD SHALL CONTAIN INFORMATION REGARD-
ING THE APPLICANT'S QUALIFICATIONS AND PROPOSED OPERATIONS AND
"SUCH OTHER INFORMATION AS MAY BE SPECIFIED BY THE BOARD."
WRITTEN EXAMINATION REQUIRED.
RESIDENT AERIAL APPLICATOR
NONRESIDENT AERIAL APPLICATOR
FOR EACH AIRCRAFT
OTHER APPLICATORS
RENEWAL FEE
$ 25.00
25.00
10.00
SAME
ALL PERMITS EXPIRE AT END OF CALENDAR YEAR. PERMITS MAY BE SUS-
PENDED, CANCELLED, OR REVOKED BY THE BOARD AFTER GRANTING THE
LICENSEE AN OPPORTUNITY FOR A HEARING AND UPON FINDING CERTAIN
SPECIFIED FACTS OF WRONGDOING.
MAY BE RENEWED WITHOUT EXAMINATION IF APPLICATION FOR RENEWAL IS
MADE BEFORE MARCH 1, OTHERWISE A WRITTEN EXAMINATION IS REQUIRED.
MUST APPOINT AND FILE WITH THE BOARD THE NAME AND ADDRESS OF A
RESIDENT "SERVICE AGENT;" OTHERWISE, THE SECRETARY OF THE BOARD OF
AGRICULTURE SHALL SERVE AS THE "SERVICE AGENT."
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES NO
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- NO
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ENFORCE THE ACT NO
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE NO
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
1975
36a
OKLAHOMA
-------
ADMINISTER OATHS
PROVISION FOR REPORTS OF LOSS
REQUIRE USE PERMITS
DECLARE RESTRICTED USE
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
RECORDS OPEN FOR INSPECTION
WRITTEN RECOMMENDATIONS
FROM ADVISORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD: NONE.
DEFINITIONS:
NO
YES
NO
NO
YES
NO
YES
NO
NO
NO
NO
NO
NO
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
1. AIRCRAFT
2. APPLICATOR
3. BOARD
4. CUSTOM APPLICATION OF
PESTICIDES
5. DEFOLIANT
6. DESICCANT
7. FUNGI
8. FUNGICIDE
9. GROUND EQUIPMENT
10. HERBICIDE
11. INSECT
12. INSECTICIDE
13. PERSON
14. PESTICIDE
15. WEED
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
THE AMOUNT, FORM, AND SUFFICIENCY OF THE BOND IS SUBJECT TO THE
APPROVAL OF THE BOARD.
PRESENT REGULATIONS REQUIRE:
ONE OR TWO AIRCRAFT, MINIMUM $ 3,000.00
PLUS, EACH ADDITIONAL AIRCRAFT 1,000.00
ONE GROUND SPRAY UNIT 1,000.00
ONE AIRCRAFT AND ONE GROUND UNIT 3,000.00
PLUS, EACH ADDITIONAL AIRCRAFT 1,000.00
PLUS, EACH ADDITIONAL GROUND UNIT 500.00
(NURSE TANK USED FOR SERVING ONE OR SEVERAL KNAPSACK
SPRAYERS IS A UNIT.)
NONRESIDENT APPLICATORS' BOND 15,000.00
NONE.
VIOLATION OF THE ACT IS A MISDEMEANOR PUNISHABLE BY A FINE OF FROM
$100 TO $300, OR IMPRISONMENT IN THE COUNTY JAIL FROM ONE TO SIX
MONTHS, OR BOTH FINE AND IMPRISONMENT.
1975
36b
OKLAHOMA
-------
RELEVANT LAWS: OKLAHOMA PESTICIDE LAW (REGISTRATION LAW)
(OKLA. STAT. TIT. 2, S 3-61 TO 3-70, 1971)
OKLAHOMA PHENOXY HERBICIDE LAW
(OKLA. STAT. TIT. 2, S 3-251 TO 3-259, 1971)
REQUIRES DEALERS WHO SELL PHENOXY HERBICIDES TO OBTAIN PERMITS AND
KEEP RECORDS, AND REQUIRES USERS WHO BUY ONE QUART OR MORE OF A
PHENOXY HERBICIDE TO KEEP RECORDS AND REPORT TO THE STATE DEPART-
MENT OF AGRICULTURE UPON REQUEST.
WOOD PRESERVATIVE LAW
(OKLA. STAT. TIT. 2, S 2-301 TO 2-309, 1971)
REQUIRES COMMERCIAL WOOD TREATMENT OPERATORS TO REGISTER WITH THE
STATE DEPARTMENT OF AGRICULTURE AND TO COMPLY WITH STANDARDS ES-
TABLISHED BY THE DEPARTMENT.
ORNAMENTAL SPRAYING AND PRUNING LAW
(OKLA. STAT. TIT. 2, S 3-271 TO 3-279, 1971)
REQUIRES THE LICENSING OF PERSONS WHO ENGAGE IN THE BUSINESS OF
SPRAYING OR PRUNING TREES, SHRUBS, OR WEEDS.
"STRUCTURAL PEST CONTROL ACT"
(OKLA. STAT. TIT. 2, S 3-171 TO 3-180, 1971)
REGULATES PERSONS WHO CONTROL PESTS IN STRUCTURES.
AN ACT RELATING TO FOOD AND FEED PRODUCTS FOR HUMAN AND ANIMAL
CONSUMPTION ...
(OKLA. STAT. TIT. 2, S 2-19 TO 2-24, 1971)
AMONG OTHER THINGS, ESTABLISHES AN ANALYTICAL LABORATORY AND
AUTHORIZES THE ESTABLISHMENT OF TOLERANCES FOR PESTICIDE RESIDUES
IN FOODSTUFFS. PERMITS STAGGERING OF RENEWAL DATES FOR LICENSES
AND PERMITS ISSUED BY THE DEPARTMENT.
36c
1975 OKLAHOMA
-------
(OK-36-03-01)
OKLAHOMA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"STRUCTURAL PEST CONTROL ACT"
(OKLA. STAT., TIT. 2, S-3-171 TO 3-180, 1971)
UNLAWFUL TO OPERATE, ACT OR DO BUSINESS AS A STRUCTURAL PEST CONTROL
OPERATOR UNLESS LICENSED BY THE STATE BOARD OF AGRICULTURE.
QUALIFIED STATE AND FEDERAL EMPLOYEES PERFORMING THEIR OFFICIAL
DUTIES; PERSONS WORKING ON THEIR OWN PREMISES; AND WAGE HANDS UNDER
SUPERVISION, EXCEPT IN FUMIGATION AND IN THE USE OF SODIUM FLUORO-
ACETATE.
(PHASES)
1. FUMIGATION
2. GENERAL PEST
3. TERMITE
(1) TWO YEARS EXPERIENCE AS AN EMPLOYEE, EMPLOYER, OR OWNER OPERATOR
OF A BUSINESS, OR,
(2) ONE YEAR TRAINING IN COLLEGE OR UNIVERSITY, PLUS ONE YEAR
EXPERIENCE, OR,
(3) TWO YEARS OF COLLEGE WITH MAJOR COURSES COMPLETED IN ENTOMOLOGY.
ON FORMS PROVIDED BY BOARD, PLUS A FEE OF $25 AT TIME EXAMINATION IS
TAKEN.
WRITTEN AND PRACTICAL EXAMINATION REQUIRED; GIVEN IN JANUARY, APRIL,
JULY AND OCTOBER IN OKLAHOMA CITY, OKLAHOMA; EXAMINATION MUST BE
REPEATED IF APPLICANT FAILS TO COMPLETE REQUIREMENTS FOR A LICENSE
WITHIN ONE YEAR.
EXAMINATION
ISSUANCE OR RENEWAL OF LICENSE (ALL PHASES)
$ 25.00
25.00
UPON COMPLETION OF ALL REQUIREMENTS; LICENSES EXPIRE DECEMBER 31.
RENEWABLE WITHOUT EXAMINATION, IF APPLICATION FILED BY JANUARY 1
(BUT IF NOT, RE-EXAMINATION REQUIRED).
NO PROVISION FOR RECIPROCITY. IF LICENSEE "RESIDES" OUTSIDE THE
STATE, HE MUST BE PRESENT AT ALL TIMES TO SUPERVISE WORK BEING DONE
WITHIN THE STATE.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
1975
ENFORCE THE ACT YES
RESTRICT USAGE YES
COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
36d
OKLAHOMA
-------
INSPECT OR LICENSE
EQUIPMENT
ADMINISTER OATHS
REPORTS OF LOSS
REQUIRE USE PERMITS
DECLARE RESTRICTED
PESTICIDES
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
OPEN FOR INSPECTION
WRITTEN RECOMMENDATIONS
FROM ADVISORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD: NONE.
YES
NO
NO
NO
YES
YES
NO
NO
NO
NO
NO
NO
NO
NO
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RECORDS/REPORTS NO
KEEP TWO YEARS
SUBMIT COPIES YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
(TECHNICAL ADVISORY COUNCIL; A GROUP OF FOUR MEN; ONE DESIGNATED BY
THE HEAD OF THE ENTOMOLOGY DEPARTMENT, OKLAHOMA STATE UNIVERSITY;
ONE BY THE HEAD OF THE OKLAHOMA STATE HEALTH DEPARTMENT; AND TWO BY
THE OKLAHOMA PEST CONTROL ASSOCIATION.)
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
(LAW)
1. BOARD
2. FUNGI
3. INSECT
4. LICENSEE
5. PERSON
6. PESTICIDE
7. QUALIFIED OPERATOR
8. RODENT
9. STRUCTURAL PEST CONTROL
A. FUMIGATOR
B. GENERAL PEST CONTROL OPERATOR
C. TERMITE OPERATOR
10. TECHNICAL ADVISORY COUNCIL
11. TERMITE INSPECTION REPORT
NONE.
(REGULATION)
1. SODIUM FLUOROACETATE
1975
36e
OKLAHOMA
-------
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF ACT CONSTITUTES MISDEMEANOR SUBJECT TO A FINE OF NOT
LESS THAN $100 NOR MORE THAN $300, OR IMPRISONMENT IN THE COUNTY
JAIL FOR NOT LESS THAN 30 DAYS, NOR MORE THAN SIX MONTHS, OR BOTH
FINE AND IMPRISONMENT.
RELEVANT LAWS: "OKLAHOMA PESTICIDE APPLICATORS LAW"
(OKLA. STAT., TIT. 2, S 3-81 TO 3-88, 1971)
OKLAHOMA PESTICIDE LAW (REGISTRATION LAW)
(OKLA. STAT., TIT. 2, S 3-61 TO 3-70, 1971)
36f
1975 OKLAHOMA
-------
(OR-37-04-01)
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
OREGON
"STATE PESTICIDE CONTROL ACT"*
(ORE. REV. STAT., S 634.006 TO 634.992, SUPP. 1974)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES OR TO ACT
AS A DEALER, UNLESS LICENSED BY THE STATE DEPARTMENT OF AGRICULTURE.
APPLICATORS USING RESTRICTED USE PESTICIDES MUST BE CERTIFIED.
NO LICENSE REQUIRED FOR THE STATE OF OREGON AND ITS AGENCIES,
COUNTIES, CITIES, MUNICIPAL CORPORATIONS, IRRIGATION AND DRAINAGE
DISTRICTS, PUBLIC UTILITIES, MANUFACTURERS, AND GOVERNMENTAL
AGENCIES USING PESTICIDES IN RESEARCH; FARMERS AND LANDOWNERS;
GARDENERS AND CARETAKERS USING MANUALLY OPERATED EQUIPMENT: RE-
TAILERS (UNLESS DEMONSTRATING APPLICATION OF PESTICIDES); RAILROADS
(EXCEPT WHEN USING VOLATILE HERBICIDES IN POWER EQUIPMENT); MANUAL
LABORERS; AND POLLENCIDE APPLICATORS.
CATEGORIES
PESTICIDE APPLICATOR
PESTICIDE CONSULTANT
PESTICIDE OPERATOR
PRIVATE APPLICATOR
PUBLIC APPLICATOR
PUBLIC TRAINEE
REGULATIONS ESTABLISH THE FOLLOWING TYPES OF PESTICIDE LICENSES:
TYPE 1 - HERBICIDE LICENSE
TYPE 2 - INSECTICIDE-FUNGICIDE LICENSE
TYPE 3 - STRUCTURAL PEST AND RODENTICIDE LICENSE
TYPE 4 - FUMIGATION LICENSE
QUALIFICATIONS
CHOICE OF PESTICIDES BY LICENSEES IS LIMITED TO THOSE NORMALLY USED
OR LABELED FOR THEIR SPECIAL USAGE.
EIGHTEEN YEARS OF AGE; EXPERIENCE AS A TRAINEE OR WITH MINIMUM EDU-
CATIONAL QUALIFICATIONS, OR UNUSUAL OR ACTIVE EXPERIENCE EQUAL TO
MINIMUM STANDARDS.
APPLICATION
EXAMINATION
FEES
ON FORMS PRESCRIBED BY THE DEPARTMENT.
WRITTEN EXAMINATION REQUIRED COVERING SPECIFIC AREAS OF PESTICIDE
USAGE. EXCEPT - WRITTEN EXAMINATION NOT REQUIRED FOR APPLICANTS
WITH FOUR YEARS OF COLLEGE, MAJORING IN ENTOMOLOGY OR AGRONOMY; A
TRAINEE COMPLETING 1,000 HOURS EXPERIENCE; FORMER LICENSEES WHO
WORKED THREE MONTHS DURING A YEAR IN TWO OUT OF THE LAST THREE YEARS.
PESTICIDE OPERATORS (ONE CLASSIFICATION)
EACH ADDITIONAL CLASSIFICATION
EACH ADDITIONAL CLASSIFICATION
AFTER LICENSE ISSUED
PESTICIDE APPLICATOR (ONE CLASSIFICATION)
EACH ADDITIONAL CLASSIFICATION
EACH ADDITIONAL CLASSIFICATION
AFTER LICENSE ISSUED
TRAINEES (SAME FEES AS APPLICATORS)
PUBLIC - APPLICATORS OR TRAINEES
DEALERS (EACH SALES OUTLET)
CONSULTANTS
REEXAMINATION FEE
PRIVATE APPLICATOR CERTIFICATION
$
35.00
10.00
15.00
10.00
5.00
10.00
7.50
10.00
10.00
5.00
NONE
*PORTIONS OF THE LAW RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
37a
1975
OREGON
-------
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY NO
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
LICENSE ISSUED UPON RECEIVING A PASSING GRADE. ALL LICENSES EXPIRE
DECEMBER 31. DELINQUENT RENEWAL INVOKES 20% PENALTY. DEPARTMENT
MAY SUSPEND, REVOKE, OR REFUSE TO RENEW LICENSE OF PERSONS FOUND TO
BE IN VIOLATION OF ACT.
"SPECIAL APPLICATOR" AND "SPECIAL TRAINEE" LICENSE ISSUED WITHOUT
COST TO INDIVIDUALS IN GOVERNMENT EMPLOYMENT. "FUMIGATORS" RE-
GISTERED WITH THE STATE BOARD OF HEALTH MAY BE EXEMPTED FROM PAYING
LICENSE FEE.
RENEWABLE UPON PAYMENT OF FEE, WHEN DUE. APPLICATORS DELINQUENT
OVER 30 DAYS REQUIRED TO TAKE WRITTEN EXAMINATION. PERSONS APPLYING
FOR RENEWAL WHO HAVE NOT BEEN ENGAGED IN BUSINESS FOR SIX MONTHS, OR
SINCE EXPIRATION OF LICENSE, NOT SUBJECT TO PENALTY.
NO PROVISION FOR RECIPROCITY.
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
SUBMIT AND MAINTAIN
STATE PLANS
YES
YES
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
YES
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS NO
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
RECOGNIZE AND
ACCEPT GAP
YES
YES
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
NO
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
1975
37b
OREGON
-------
PESTICIDE BOARD:
DEFINITIONS:
NONE. ADVICE MAY BE RECEIVED FROM THE COMMITTEE ON SYNTHETIC CHEMI-
CALS IN THE ENVIRONMENT. THERE IS A COMMITTEE ON SYNTHETIC CHEMICALS
IN THE ENVIRONMENT CONSISTING OF 12 MEMBERS REPRESENTING BOTH INDUS-
TRY AND GOVERNMENT.
1. ANTIDOTE
2. BRAND OR TRADE MARK
3. DEFOLIANT
4. DEPARTMENT
5. DESICCANT
6. DEVICE
7. FUNGICIDE
8. HERBICIDE
9. HIGHLY TOXIC
10. INSECTICIDE
11. LANDOWNER
12. NEMATOCIDE
13. PESTICIDE
14. PESTICIDE APPLICATOR
15. PESTICIDE CONSULTANT
16. PESTICIDE DEALER
17. PESTICIDE EQUIPMENT
18. PESTICIDE OPERATOR
19. PESTICIDE TRAINEE
20. PLANT REGULATOR
21. PRIVATE APPLICATOR
22. PROFESSED STANDARD OF QUALITY
23. PROTECTED AREA
24. PUBLIC APPLICATOR
25. PUBLIC TRAINEE
26. REGISTRANT
27. RESTRICTED AREA
28. RESTRICTED USE PESTICIDE
29. WEED
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
PROTECTED AND
RESTRICTED AREAS:
RELEVANT LAWS:
PROOF MUST BE FURNISHED TO DEPARTMENT BEFORE ISSUANCE OR RENEWAL OF
LICENSE. NOT LESS THAN $25,000 BODILY INJURY AND $25,000 PROPERTY
DAMAGES. AIRCARAFT OPERATORS MAY BE PERMITTED TO REDUCE, SUSPEND,
OR DROP COVERAGE DURING NONACTIVE PERIODS. DEDUCTIBLE AMOUNTS
(N.T.E. $1,000) MAY BE PERMITTED.
NONE.
VIOLATION OF ACT UPON FIRST CONVICTION SUBJECT TO A $1,000 FINE OR
ONE YEAR IMPRISONMENT, OR BOTH FINE AND IMPRISONMENT. SUBSEQUENT
CONVICTIONS SUBJECT TO A $2,000 FINE, OR ONE YEAR IMPRISONMENT, OR
BOTH FINE AND IMPRISONMENT.
THIS ACT PROVIDES FOR THE ESTABLISHMENT AND ADMINISTRATION OF GEO-
GRAPHICAL "PROTECTED AREAS" IN WHICH THE USE AND APPLICATION OF
HERBICIDES AND INSECTICIDES ARE REGULATED BY A GOVERNING BODY.
THE GOVERNING BODY MAY REGULATE THE TIME, PLACE, MANNER, AND
METHOD OF APPLYING HERBICIDES AND INSECTICIDES TO PREVENT DAMAGE
OR INJURY TO SUSCEPTIBLE CROPS OR INSECTS. "RESTRICTED AREAS"
MAY ALSO BE ESTABLISHED ON THE PERIMETER OF THE "PROTECTED AREAS"
TO FURTHER PROTECT FROM DRIFT OF PESTICIDES. THE GOVERNING BODY
HAS BEEN GRANTED LIMITED TAXING AUTHORITY TO FINANCE ADMINISTRA-
TION OF THE "DISTRICT."
FOOD, DRINK, AND SANITATION LAWS
(ORE. REV. STAT., S 616.005 TO 616.990, 1967)
FEEDS, FERTILIZERS, AND SEEDS
(ORE. REV. STAT., S 633.006 TO 633.990, 1967)
DRUGS, POISONS, CAUSTICS AND CORROSIVES
(ORE. REV. STAT., S 453.010 TO 453.320, 1967)
1975
37c
OREGON
-------
(PA-38-04-01)
PENNSYLVANIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"PENNSYLVANIA PESTICIDE CONTROL ACT OF 1973"*
(PA. STAT. ANN., TIT. 3 S 111.21 TO 111.61, SUPP. 1975-1976)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF SELLING, OR MAKING CUSTOM
APPLICATION OF RESTRICTED USE PESTICIDES UNLESS LICENSED BY THE
SECRETARY OF AGRICULTURE. PEST MANAGEMENT CONSULTANTS MUST BE
LICENSED AND FARMERS REQUIRED TO OBTAIN A PERMIT TO USE RESTRICTED
PESTICIDES.
DEALERS, APPLICATORS, FARMER, AND CONSULTANTS (AND ALL OTHER ASPECTS)
WHEN RELATING ONLY TO GENERAL USE PESTICIDES.
TO BE ESTABLISHED BY REGULATIONS. MAY BE SAME AS FEDERAL CATEGORIES.
MAY BE ESTABLISHED BY REGULATIONS.
ON FORMS PROVIDED BY SECRETARY.
WRITTEN, TO DEMONSTRATE KNOWLEDGE.
DEALERS, EACH OUTLET
PEST MANAGEMENT CONSULTANT
COMMERCIAL APPLICATOR
PRIVATE APPLICATORS (PERMIT)
EXAMINATION FEE
EXAMINATION, OTHER THAN REGULAR ONE
PUBLIC OPERATORS
$ 10.00
25.00
30.00
NONE
NONE
5.00
NONE
UPON BEING FOUND QUALIFIED AND FURNISHING PROOF OF FINANCIAL
RESPONSIBILITY.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
ENTER AND INSPECT PROPERTY
PUBLISH INFORMATION
TO BE ESTABLISHED BY REGULATIONS.
PROVISIONS FOR RECIPROCITY.
YES
YES
YES
YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
YES
YES
NO
YES
*PORTIONS OF THIS LAW RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
38a
PENNSYLVANIA
1975
-------
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
REQUIRE PURCHASE PERMITS YES
PESTICIDE BOARD: YES.
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
1. ACTIVE INGREDIENT 27.
2. ADMINISTRATOR 28.
3. ADULTERATED 29.
4. ANIMAL 30.
5. ANTIDOTE 31.
6. APPLICATORS 32.
7. BENEFICIAL INSECTS 33.
8. BOARD 34.
9. CERTIFIED APPLICATOR 35.
10. COMMERCIAL APPLICATOR 36.
11. DEFOLIANT 37.
12. DESICCANT 38.
13. DEVICE 39.
14. DISTRIBUTE
15. ENVIRONMENT 40.
16. ESTABLISHMENT 41.
17. EQUIPMENT 42.
18. FUNGUS 43.
19. HIGHLY TOXIC 44.
20. IMMINENT HAZARD 45.
21. INERT INGREDIENT
22. INGREDIENT STATEMENT 46.
23. INSECT
24. LABEL 47.
25. LABELING 48.
26. LAND
MISBRANDED
MUNICIPAL CORPORATION
NEMATODE
PERMIT
PERSON
PEST
PESTICIDE
PESTICIDE DEALER
PEST MANAGEMENT CONSULTANT
PLANT REGULATOR
PRIVATE APPLICATOR
PRODUCER/PRODUCE
PROTECT HEALTH AND
ENVIRONMENT
PUBLIC OPERATOR
REGISTRANT
REGISTRATION
RESTRICTED USE
SNAILS OR SLUGS
UNDER THE DIRECT
SUPERVISION OF...
UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
WEED
WILDLIFE
SURETY BOND, LIABILITY INSURANCE, OR SELF INSURANCE.
COMMERCIAL APPLICATORS
PROPERTY DAMAGE $ 100,000.00
PUBLIC LIABILITY 100,000.00
DEDUCTIBLE CLAUSE 1,000.00
1975
38b
PENNSYLVANIA
-------
PENALTIES:
CIVIL THE SECRETARY, AFTER A HEARING, MAY ASSESS A CIVIL PENALTY UPON
A PERSON, OTHER THAN PRIVATE APPLICATOR, NOT TO EXCEED $10,000.
CRIMINAL VIOLATION OF ACT OR REGULATIONS (FIRST OFFENSE) SUBJECT TO A FINE
OF NOT MORE THAN $300, OR IMPRISONMENT NOT MORE THAN 90 DAYS, OR
BOTH SUBSEQUENT VIOLATIONS, WITHIN THREE YEARS, SUBJECT TO A FINE
OF NOT MORE THAN $5,000, OR IMPRISONMENT NOT MORE THAN TWO YEARS,
OR BOTH. SUBSEQUENT VIOLATIONS BY PRIVATE APPLICATORS SUBJECT TO
A FINE OF NOT MORE THAN $2,500, OR IMPRISONMENT NOT MORE THAN ONE
YEAR, OR BOTH.
RELEVANT LAWS: PENNSYLVANIA GRADE HERBICIDE ACT (1965)
(PA. STAT. ANN., TIT. 3 S 214.51 ET SEQ., 1963)
PERMITS ESTABLISHMENT OF GEOGRAPHICAL AREAS WITHIN WHICH THE USE
OF HERBICIDES MAY BE RESTRICTED OR PROHIBITED.
PEST CONTROL COMPACT
(PA. STAT. ANN., TIT 3 S 214.41 TO 214.47, SUPP. 1974)
38c
1975 PENNSYLVANIA
-------
(RI-39-02-01)
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
RHODE ISLAND
"THE RHODE ISLAND PESTICIDE CONTROL LAW" (1970)
(R. I. GEN. LAWS ANN., S 23-41.1-1 TO 23-41.1-25, SUPP. 1974)
UNLAWFUL TO APPLY, USE, BUY, SELL, TRANSPORT, OR STORE A BANNED OR
RESTRICTED PESTICIDE UNLESS LICENSED BY THE DEPARTMENT OF NATURAL
RESOURCES.
NONE. (VETERINARIANS MAY USE RESTRICTED PESTICIDES ON DOMESTIC
ANIMALS FOR TREATMENT OF EXTERNAL PARASITES.)
COMMERCIAL APPLICATOR
NON-COMMERCIAL APPLICATORS (USERS)
SPECIAL LICENSEES (RESEARCH)
MUST BE THOROUGHLY GROUNDED IN RECOGNITION OF, AND GENERAL KNOWLEDGE
OF, PESTICIDE HAZARDS.
ON FORMS PRESCRIBED BY THE DEPARTMENT.
ORAL OR WRITTEN.
INITIAL LICENSE $ 10.00
RENEWAL 2.00
EXCEPT
MUNICIPALITIES, STATE AGENCIES, OR PRIVATE PERSONS APPLYING PESTI-
CIDES TO THEIR OWN PREMISES, NOT SUBJECT TO PAYMENT OF FEES.
ISSUED UPON PASSING EXAMINATION. COMMERCIAL APPLICATOR'S LICENSE
VALID FOR ONE YEAR; OTHERS FOR 3 MONTHS. DEPARTMENT MAY DENY,
SUSPEND, REVOKE, OR MODIFY ANY LICENSE FOR CAUSE.
RENEWED UPON APPLICATION ACCOMPANIED WITH A RECORD OF PESTICIDES
USED IN PREVIOUS YEAR. REEXAMINATION MAY BE REQUIRED EACH 10-YEAR
PERIOD (COMMERCIAL APPLICATORS).
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
YES
YES
NO
NO
39a
1975
RHODE ISLAND
-------
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
YES
POST TREATED AREAS
NO
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"TECHNICAL PESTICIDE ADVISORY BOARD" ESTABLISHED BY ACT. THE PUR-
POSE OF THE BOARD OF SEVEN MEMBERS IS TO ADVISE THE DIRECTOR AND TO
REVIEW ALL RULES AND REGULATIONS PRIOR TO THEIR BECOMING EFFECTIVE.
1. COMMERCIAL APPLICATION
2. COMMERCIAL APPLICATOR
3. CONTROL
4. DEPARTMENT
5. DIRECTOR
6. EQUIPMENT
(INSURANCE COVERAGE)
GROUND APPLICATION
PUBLIC LIABILITY
PROPERTY DAMAGE
AIRCRAFT APPLICATION
PUBLIC LIABILITY
PROPERTY DAMAGE
7. ECONOMIC THRESHOLD
8. NONTARGET ORGANISM
9. PERSON
10. PESTICIDE
11. TARGET ORGANISM
$ 20,000/40,000
10,000/25,000
50,000/100,000
25,000/50,000
NONE.
VIOLATION OF ACT IS SUBJECT TO A FINE OF NOT MORE THAN $500, OR
IMPRISONMENT NOT EXCEEDING 6 MONTHS, OR BOTH FINE AND IMPRISONMENT.
ECONOMIC POISON LAW (REGISTRATION LAW)
(R. I. GEN. LAWS ANN., S 23-41-1 TO 23-41-12, SUPP. 1974)
"RHODE ISLAND FOOD, DRUG AND COSMETICS ACT"
(R. I. GEN. LAWS ANN., S 21-31-1 TO 21-31-23, 1968)
1975
39b
RHODE ISLAND
-------
(SC-40-04-01)
SOUTH CAROLINA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION:
FEES
"SOUTH CAROLINA PESTICIDE CONTROL ACT" (1975)*
(SESSION LAWS, 1975, PAGE 221; RATIFICATION NO. 299; S.B. 54)
UNLAWFUL FOR ANY PERSON TO USE OR SUPERVISE THE USE OF A RESTRICTED
PESTICIDE UNLESS CERTIFIED AND LICENSED BY THE DIRECTOR OF THE
DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON
UNIVERSITY. DEALERS REQUIRED TO BE LICENSED ANNUALLY.
DOCTORS OF HUMAN AND VETERINARY MEDICINE (M.D. AND D.V.M.) IN THEIR
PROFESSIONAL PRACTICE.
TO BE ESTABLISHED BY REGULATIONS. MAY ACCEPT FEDERAL CATEGORIES.
TO BE ESTABLISHED BY REGULATIONS. MAY ACCEPT FEDERAL STANDARDS.
ON FORMS PROVIDED BY THE DIRECTOR.
MUST DEMONSTRATE COMPETENTCY IN THE USE AND APPLICATION OF PESTI-
CIDES IN CATEGORIES APPLIED FOR.
DEALER LICENSE
DEALER LICENSE, LATE RENEWAL (ADD)
PRIVATE APPLICATOR, APPLICATION FEE
PESTICIDE APPLICATOR LICENSE (BUSINESS)
ADDITIONAL PESTICIDE APPLICATOR'S LICENSE
AT ONE BUSINESS OFFICE - EACH
NON-COMMERCIAL APPLICATORS (PUBLIC EMPLOYEES)
LATE RENEWALS - COMMERCIAL APPLICATORS (ADD)
$ 25.00
6.25
1.00
25.00
5.00
NONE
25%
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
UPON BEING CERTIFIED AS COMPETENT. LICENSES EXPIRE DECEMBER 31.
REQUIRED IF FEDERAL REGULATIONS SO REQUIRE TO MEET CHANGING
TECHNOLOGY.
PROVISION FOR RECIPROCITY. MUST PROVIDE FOR FINANCIAL RESPONSIBILITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
*PORTIONS OF THE ACT RELATING TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
40a
1975
SOUTH CAROLINA
-------
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
SUBPOENA POWERS YES
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS NO
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
"THERE IS HEREBY CREATED A PESTICIDE ADVISORY COMMITTEE CONSISTING
OF FOUR LICENSED COMMERCIAL APPLICATORS RESIDING IN THE STATE, ONE
OF WHOM SHALL BE LICENSED TO OPERATE HORTICULTURAL GROUND EQUIP-
MENT, ONE SHALL BE LICENSED TO OPERATE AGRICULTURAL GROUND EQUIP-
MENT, ONE SHALL BE LICENSED TO OPERATE AERIAL EQUIPMENT, AND ONE
SHALL BE LICENSED FOR STRUCTURAL PEST CONTROL; ONE ENTOMOLOGIST IN
PUBLIC SERVICE; ONE TOXICOLOGIST IN PUBLIC SERVICE; ONE HERBICIDE
SPECIALIST IN PUBLIC SERVICE; TWO MEMBERS FROM THE AGRICHEMICAL
INDUSTRY, ONE OF WHOM SHALL BE A PESTICIDE DEALER; TWO PRODUCERS OF
AGRICULTURAL CROPS OR PRODUCTS ON WHICH PESTICIDES ARE APPLIED OR
WHICH MAY BE AFFECTED BY THE APPLICATION OF PESTICIDES; ONE REPRE-
SENTATIVE OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DE-
PARTMENT; ONE PLANT PATHOLOGIST IN PUBLIC SERVICE; ONE REPRESENTA-
TIVE OF THE SOUTH CAROLINA STATE COMMISSION OF FORESTRY; ONE REPRE-
SENTATIVE OF THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; AND ONE
REPRESENTATIVE OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND EN-
VIRONMENTAL CONTROL. SUCH MEMBERS SHALL BE RESIDENTS OF THIS STATE
AND SHALL BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE
FOLLOWING ORGANIZATIONS:
THE SOUTH CAROLINA AERIAL APPLICATORS' ASSOCIATION SHALL RECOMMEND
THE PESTICIDE APPLICATOR LICENSED TO OPERATE AERIAL EQUIPMENT.
THE SOUTH CAROLINA PEST CONTROL OPERATOR'S ASSOCIATION SHALL RECOM-
MEND THE PESTICIDE APPLICATOR LICENSED TO OPERATE HORTICULTURAL
GROUND EQUIPMENT AND THE PESTICIDE APPLICATOR LICENSED FOR STRUC-
TURAL PEST CONTROL.
1975
40b
SOUTH CAROLINA
-------
DEFINITIONS:
THE DEAN OF THE COLLEGE OF AGRICULTURAL SCIENCES OF CLEMSON UNIVER-
SITY SHALL RECOMMEND THE HERBICIDE SPECIALIST IN PUBLIC SERVICE;
THE ENTOMOLOGIST IN PUBLIC SERVICE; AND THE PLANT PATHOLOGIST IN
PUBLIC SERVICE.
THE MEMBERS OF THE SOUTH CAROLINA PESTICIDE ASSOCIATION SHALL
RECOMMEND THE MEMBER FROM THE AGRICHEMICAL INDUSTRY AND THE PESTI-
CIDE DEALER.
THE SOUTH CAROLINA FARM BUREAU SHALL RECOMMEND THE TWO PRODUCERS
OF AGRICULTURAL CROPS OR PRODUCTS ON WHICH PESTICIDES ARE APPLIED
OR WHICH MAY BE AFFECTED BY THE APPLICATION OF PESTICIDES, AND THE
COMMERCIAL APPLICATOR LICENSED TO OPERATE AGRICULTURAL GROUND
EQUIPMENT.
THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA WILDLIFE AND MARINE
RESOURCES DEPARTMENT SHALL RECOMMEND THE MEMBER FROM THE SOUTH
CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
THE STATE FORESTER SHALL RECOMMEND THE MEMBER FROM THE SOUTH
CAROLINA STATE COMMISSION OF FORESTRY.
THE COMMISSIONER OF AGRIUCLTURE SHALL RECOMMEND THE MEMBER FROM
THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE.
THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL
CONTROL SHALL RECOMMEND THE MEMBER FROM THAT DEPARTMENT.
THE COMMITTEE SHALL ADVISE THE DIRECTOR ON ANY OR ALL PROBLEMS
RELATING TO THE USE AND APPLICATION OF PESTICIDES. THIS MAY IN-
CLUDE PEST CONTROL PROBLEMS, ENVIRONMENTAL OR HEALTH PROBLEMS RE-
LATED TO PESTICIDE USE, AND REVIEW OF NEEDED LEGISLATION, REGULA-
TIONS AND AGENCY PROGRAMS."
1. ACTIVE INGREDIENT
2. ADMINISTRATOR (EPA)
3. ADULTERATED
4. ANIMAL
5. ANTIDOTE
6. CERTIFIED APPLICATOR
7. COMMERCIAL APPLICATOR
8. COMMITTEE
9. DEFOLIANT
10. DESICCANT
11. DEVICE
12. DIRECTOR
13. ENVIRONMENT
14. EQUIPMENT
15. ESTABLISHMENT
16. FUNGICIDE
17. FUNGUS
18. HERBICIDE
19. IMMINENT HAZARD
20. INERT INGREDIENT
21. INGREDIENT STATEMENT
22. INSECT
23. INSECTICIDE
24. LABEL
25. LABELING
26. MISBRANDED
27. NEMATODE
28. NEMATOCIDES
29. NON-COMMERCIAL APPLICATOR
30. PERSON
31. PEST
32. PESTICIDE
33. PESTICIDE DEALER
34. PLANT REGULATOR
35. PRIVATE APPLICATOR
36. PRODUCE
37. PRODUCER
38. PROTECT HEALTH AND
THE ENVIRONMENT
39. PUBLIC LAW 92-516
40. REGISTRANT
41. REGISTRATION
42. RESTRICTED USE PESTICIDE
43. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
44. UNDER THE DIRECT SUPERVISION
OF A CERTIFIED APPLICATOR
45. WEED
FINANCIAL
IESPONSIBILITY:
SURETY BOND OR LIABILITY INSURANCE FOR NOT LESS THAN $5,000 FOR
PROPERTY DAMAGE AND PUBLIC LIABILITY; $500 DEDUCTIBLE PROVISION
FOR AERIAL APPLICATORS.
1975
40c
SOUTH CAROLINA
-------
PENALTIES:
CIVIL NONE.
CRIMINAL VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR, SUBJECT
TO A FINE OF NOT MORE THAN $100, OR IMPRISONMENT FOR NOT MORE THAN
30 DAYS ON THE FIRST OFFENSE. SECOND OFFENSE SUBJECT TO A FINE
OF NOT MORE THAN $500 OR IMPRISONMENT FOR NOT MORE THAN 60 DAYS.
THIRD OFFENSE SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR IM-
PRISONMENT FOR NOT MORE THAN 90 DAYS.
RELEVANT LAWS: NONE. (THIS ACT REPEALS THE "SOUTH CAROLINA ECONOMIC POISON LAW")
40d
1975 SOUTH CAROLINA
-------
(SD-41-02-01)
SOUTH DAKOTA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
AN ACT RELATING TO THE USE OF PESTICIDES
(S. D. CODE S38.21.14 to 38.21.55, 1974)
UNLAWFUL TO USE RESTRICTED USE PESTICIDES UNLESS CERTIFIED; TO ENGAGE
IN THE BUSINESS OF APPLYING PESTICIDES, OR TO ACT AS AN EMPLOYEE,
UNLESS LICENSED BY THE SECRETARY OF AGRICULTURE. UNLAWFUL TO BUY
OR SELL RESTRICTED USE PESTICIDES UNLESS LICENSED OR CERTIFIED.
FARMERS, VETERINARIANS, RESEARCH PERSONNEL, AND OTHERS MUST BE
CERTIFIED TO USE RESTRICTED USE PESTICIDES, BUT ARE NOT REQUIRED
TO BE LICENSED.
COMMERCIAL APPLICATOR
LICENSED APPLICATOR
LICENSED OPERATOR
LICENSED PUBLIC OPERATOR
PRIVATE APPLICATOR
OTHER CATEGORIES AUTHORIZED
STANDARDS TO BE ESTABLISHED BY REGULATIONS, GIVING CONSIDERATION TO
FEDERAL (EPA) STANDARDS.
ON FORMS PRESCRIBED BY THE SECRETARY.
TYPE TO BE ESTABLISHED BY REGULATION.
LICENSED APPLICATOR
OPERATORS LICENSE
PUBLIC OPERATORS
PRIVATE APPLICATOR, NOT TO EXCEED
LATE RENEWAL - PLUS
LATE RENEWAL OF DEALER
PESTICIDE DEALER LICENSE
DEALER HAVING APPLICATOR'S LICENSE
$ 25.00
5.00
NONE
5.00
25%
50.00
50.00
25.00
UPON BEING FOUND QUALIFIED AND FURNISHING PROOF OF FINANCIAL
RESPONSIBILITY. MAY BE SUSPENDED, REVOKED, OR MODIFIED FOR
CAUSE.
PRIOR TO JANUARY 1 EACH YEAR. LICENSES OR CERTIFICATION NOT RENEWED
BY MARCH 1 MAY REQUIRE REEXAMINATION.
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
1975
4 la
SOUTH DAKOTA
-------
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD: NONE.
DEFINITIONS:
NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
1. ANIMALS
2. CERTIFIED APPLICATOR
3. COMMERCIAL APPLICATOR
4. DEFOLIANT
5. DESICCANT
6. DEVICE
7. ENVIRONMENT
8. EQUIPMENT
9. FUNGUS
10. INSECT
11. LAND
12. LICENSED APPLICATOR
13. LICENSED OPERATOR
14. LICENSED PEStlCIDE DEALER
15. LICENSED PUBLIC OPERATOR
16. NEMATODE
17. PEST
18. PESTICIDE
19. PLANT REGULATOR
20. PRIVATE APPLICATOR
21. RESTRICTED USE PESTICIDE
22. SECRETARY
23. SPRAY ADJUVANT
24. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
25. WEED
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
TO BE ESTABLISHED BY REGULATION. PUBLIC OPERATORS EXEMPT FROM PROOF
OF FINANCIAL RESPONSIBILITY.
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT TO
A FINE OF NOT MORE THAN $300, OR IMPRISONMENT FOR NOT MORE THAN 30
DAYS, OR BOTH FINE AND IMPRISONMENT.
1975
41b
SOUTH DAKOTA
-------
RELEVANT LAWS: "INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OF 1947"
(REGISTRATION LAW)
(S. D. CODE S 39.19.01 TO 39.19.52, 1960)
SOUTH DAKOTA POISON LAW
(S. D. CODE S 22.1201 TO 22.1206, 1960)
REGULATES THE SALE OF CERTAIN POISONOUS CHEMICALS BY NON-PHARMACIST
LICENSEES.
41c
SOUTH DAKOTA
-------
(TN-42-02-01)
TENNESSEE
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS:
APPLICATION
EXAMINATION
FEES
"TENNESSEE PEST CONTROL OPERATORS ACT OF 1972" „
(TENN. CODE ANN., S 62.2101 TO 62.2123, SUPP. 1974)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF PEST CONTROL UNLESS LICENSED
OR CHARTERED BY THE DEPARTMENT OF AGRICULTURE. SOLICITORS OR BUSI-
NESS AGENTS MUST BE REGISTERED WITH THE DEPARTMENT.
ANY CLASS OF COMMERCIAL PEST CONTROL OPERATORS SUBJECT TO OTHER
SPECIFIC "CLASS" LAWS (E.G. AERIAL APPLICATORS) TO THE EXTENT
COVERED BY SUCH OTHER LAW; LOCAL, STATE OR FEDERAL OPERATIONS;
LEGITIMATE EXPERIMENTAL WORK; AND OWNERS ON THEIR OWN LAND. NO EX-
EMPTIONS FOR USERS OF RESTRICTED USE PESTICIDES.
HORTICULTURAL
GENERAL PEST AND RODENT CONTROL
(A) HOUSEHOLD AND COMMERCIAL
(B) NONRESTRICTED
WEED CONTROL
WOOD DESTROYING ORGANISMS
1. AGRICULTURAL, 6.
GROUND EQUIPMENT 7.
2. BIRD CONTROL
3. CONSULTING
ENTOMOLOGIST 8.
4. FUMIGATION, 9.
NONRESTRICTED
5. FUMIGATION, STRUCTURAL
AND COMMERCIAL
BACHELOR'S DEGREE IN ENTOMOLOGY, BIOLOGY, AGRICULTURE, OR RELATED
SUBJECTS, OR STATUS AS CERTIFIED ENTOMOLOGIST, OR REGISTERED
SANITARIAN, OR TWO YEARS SERVICE EXPERIENCE IN PERTINENT CATEGORY.
(FORMAT OF) NOT SPECIFIED IN ACT. MUST SHOW QUALIFICATIONS AND
BE FILED BY 10TH OF MONTH PRECEDING DATE OF EXAMINATION.
WRITTEN, IN TWO PARTS, PRESCRIBED BY THE PEST CONTROL BOARD (ORAL
EXAMINATIONS PROHIBITED EXCEPT FOR PRIVATE APPLICATORS). MUST BE
SUBSTANTIALLY UNIFORM IN CONTENT, DIFFICULTY, AND EQUITY AS TO EACH
CLASS.
CHARTER A (GENERAL BUSINESS LICENSE)
GROSS BUSINESS:
$ 1 - 50,000
50,001 - 100,000
100,001 - 150,000
150,001 AND ABOVE
CHARTER B (WOOD DESTROYING ORGANISMS ONLY)
LICENSE FEE (FOR INDIVIDUALS IN EACH CATEGORY)
OPERATIONS FEE (WOOD DESTROYING ORGANISMS CONTRACTS):
CONTRACT AMOUNTS (FEES IN LIEU OF GROSS BUSINESS FEES):
LESS THAN $ 75.00
$ 75 TO 149.00
150 TO 299.00
300 OR MORE
$ 50.00
100.00
150.00
200.00
10.00
5.00
1.00
2.00
3.00
5.00
1975
42a
TENNESSEE
-------
REGISTRATION FEE (EXCEPT CLERICAL EMPLOYEES):
3.00
ISSUANCE
ORIGINAL EXAMINATION FEE NONE
REEXAMINATION FEE (EXCEPT PRIVATE APPLICATORS - NO FEE) 25.00
ISSUED BY COMMISSIONER UPON CERTIFICATION BY THE BOARD AND AFTER
COLLECTION OF APPROPRIATE FEES. EXPIRES JULY 1.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS NO
RENEWABLE UPON APPLICATION, PROVIDED APPLICANT IS IN GOOD STANDING.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
1975
42b
TENNESSEE
-------
PESTICIDE BOARD:
"PEST CONTROL BOARD. A SEVEN (7) MEMBER PEST CONTROL BOARD IS
HEREBY CREATED AND ESTABLISHED. SUCH BOARD SHALL CONSIST OF THE
COMMISSIONER OF AGRICULTURE, THE DIRECTOR OF ENTOMOLOGY, A MEM-
BER OF THE STAFF OF A UNIVERSITY OF THIS STATE, TWO LICENSED PEST
CONTROL OPERATORS AND TWO TENNESSEE CITIZENS WHO ARE NOT ASSOCIATED
IN THE PEST CONTROL INDUSTRY.
THE GOVERNOR SHALL APPOINT THE MEMBERS OF THE BOARD TO SERVE FOUR
YEAR TERMS, AND, IN THE EVENT OF A VACANCY, HE SHALL APPOINT AN
INTERIM MEMBER TO FILL THE UNEXPIRED PORTION OF THE PREVIOUS MEM-
BER'S TERM.
FOR THE TERMS BEGINNING JULY 1, 1972... ONE PEST CONTROL OPERATOR
AND ONE CITIZEN, NOT ASSOCIATED IN SUCH INDUSTRY, SHALL BE APPOINTED
FOR FOUR (4) YEAR TERMS; ONE PEST CONTROL OPERATOR AND ONE CITIZEN
NOT ASSOCIATED IN SUCH INDUSTRY, SHALL BE APPOINTED FOR THREE (3)
YEAR TERMS; AND THE MEMBER FROM THE STAFF OF A UNIVERSITY SHALL BE
APPOINTED FOR A TWO (2) YEAR TERM.
NO PROXIES, NOR POWER TO DESIGNATE A REPRESENTATIVE TO SERVE IN
THE PLACE OF A BOARD MEMBER SHALL BE ALLOWED WHEN THIS BOARD SITS
AS A LICENSING EXAMINING BOARD.
"POWERS AND DUTIES OF BOARD:
POWERS AND DUTIES:
THE BOARD SHALL HAVE THE FOLLOWING
1. ADVISE THE DEPARTMENT AS TO THE PROMULGATION OF RULES AND
REGULATIONS.
DEFINITIONS:
2. DETERMINE THE DIFFERENT CATEGORIES OF SERVICE OR CLASSES WHICH
WILL REQUIRE SEPARATE CHARTERS OF LICENSES, PRESCRIBE THE REQUIRED
QUALIFICATIONS FOR APPLICANTS FOR THE VARIOUS LICENSES AND CHARTERS,
AND DEVISE OR APPROVE THE NECESSARY EXAMINATIONS OR TESTING PRO-
CEDURES FOR THE EXAMINATION OF APPLICANTS.
3. CERTIFY THE QUALIFICATIONS OF SUCH APPLICANTS TO THE
COMMISSIONER REQUESTING ISSUANCE OF A LICENSE.
4. THE BOARD SHALL MEET QUARTERLY FOR THE PURPOSE OF EXAMINING AND
CERTIFYING APPLICANTS FOR LICENSES, AND AT ANY TIME WHEN REQUESTED
BY THE COMMISSIONER OR BY A MAJORITY OF THE BOARD. THE QUESTIONS
AND ANSWERS OF ALL EXAMINATIONS TO DETERMINE THE QUALIFICATIONS OF
THOSE SEEKING TO BE LICENSED TO ENGAGE IN THE VARIOUS CLASSES OF
PEST CONTROL SHALL BE WRITTEN. AND ALL SUCH EXAMINATION SHALL BE
SUBSTANTIALLY UNIFORM IN CONTENT, DIFFICULTY, AND EQUITY AS TO EACH
OF THE VARIOUS CLASSES. A PROHIBITION OF ORAL EXAMINATION QUESTIONS
OR ANSWERS IS MADE, NOTWITHSTANDING ANY PROVISIONS OF THE LAWS OR
ANY PROMULGATED RULES TO THE CONTRARY.
(LAW)
1. BRANCH OFFICE
2. CERTIFIED APPLICATOR
3. CHARTER (AUTHORITY TO
DO BUSINESS)
4. COMMERCIAL PEST
CONTROL OPERATOR
5. COMMISSIONER
6. LICENSE (AUTHORITY
TO "ACT")
7. OFFICE
8. PEST
9. PRIVATE APPLICATOR
10. REGISTRATION (AUTHORITY
TO "SOLICIT")
11. RESTRICTED USE PESTICIDE
(REGULATION)
1. BIRD CONTROL
2. BOARD
3. COMMISSIONER
4. CONSULTING ENTOMOLOGIST
5. EXAMINATION
6. FUMIGATION
7. GENERAL PEST CONTROL
AND
RODENT CONTROL
(A) HOUSEHOLD AND COMMERCIAL
(B) NONRESTRICTED
8. HORTICULTURAL
9. WEED CONTROL (AGRICULTURAL AND
RIGHTS-OF WAY, LAWN AND TURF
MAINTENANCE)
10. WOOD DESTROYING ORGANISMS
1975
42c
TENNESSEE
-------
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
PERFORMANCE BOND:
GROSS BUSINESS:
$ 1 - 50,000
50,001 - 75,000
75,001 - 100,000
100,001 - 200,000
200,000 AND ABOVE
LIABILITY INSURANCE (ALSO REQUIRED)
$ 1 - 100,000
100,001 AND ABOVE
$ 5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
$ 25,000/50,000
AND 100,000 AGGREGATE
50,000/100,000
AND 200,000 AGGREGATE
NONE.
VIOLATION OF THE ACT IS A MISDEMEANOR, SUBJECT TO A FINE OF NOT
LESS THAN $100 NOR MORE THAN $500, OR BY IMPRISONMENT FOR NOT
MORE THAN 3 MONTHS OR BOTH FINE AND IMPRISONMENT. A SECOND OR
SUBSEQUENT CONVICTION SUBJECT TO A FINE OF NOT LESS THAN $300, NOR
MORE THAN $1,000 OR BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR
BOTH FINE AND IMPRISONMENT.
"TENNESSEE INSECTICIDE, FUNGICIDE, AND RODENTICIDE LAW" (1951)
(TENN. CODE ANN., S 43-701 TO 43-713, 1974)
ECONOMIC POISON LAW ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE.
"TENNESSEE FOOD, DRUG, AND COSMETIC ACT" (1941)
(TENN. CODE ANN., S 52-101 TO 52-124, 1964)
ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE. SECTION 52-114
INCLUDES CONTROL OVER PESTICIDE CHEMICALS AND PERMITS ADOPTION OF
REGULATIONS IDENTICAL WITH FEDERAL STANDARDS.
"TENNESSEE HAZARDOUS SUBSTANCES ACT"
(TENN. CODE ANN., S 53-3712 TO 53-3723, 1966)
PEST CONTROL COMPACT (1969)
(TENN. CODE ANN., S 43-2801 TO 43-2808, SUPP. 1971)
1975
42d
TENNESSEE
-------
(TN-42-05-01)
TENNESSEE
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
LICENSING REQUIREMENTS FOR COMMERCIAL AERIAL APPLICATORS
(TENN. CODE ANN., S 43.2901 TO 43.2909, SUPP. 1974)
UNLAWFUL TO OPERATE AS A COMMERCIAL AERIAL APPLICATOR UNLESS
LICENSED BY THE COMMISSIONER OF AGRICULTURE.
GOVERNMENT AGENCIES, AGRICULTURAL EXPERIMENTS RECOGNIZED BY THE
COMMISSIONER, AND LANDOWNERS WITH THEIR OWN AIRPLANES. NO EXEMPTIONS
FOR USERS OF RESTRICTED USE PESTICIDES.
AERIAL APPLICATOR - LIMITED LICENSE
AERIAL APPLICATOR - UNLIMITED LICENSE
PRESCRIBED BY REGULATION.
PRESCRIBED BY REGULATION.
SUCH TESTS AS THE COMMISSIONER MAY DEEM NECESSARY.
EACH AIRCRAFT
EACH PILOT
$ 50.00
25.00
UPON BEING FOUND QUALIFIED, AND PROOF OF FINANCIAL RESPONSIBILITY.
ANNUAL LICENSES EXPIRE JANUARY 1.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
ANNUALLY, BY APPLICATION.
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
YES
YES
YES
NO
NO
YES
1975
42e
TENNESSEE
-------
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE NO
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE. (PESTICIDE ADVISORY COUNCIL)
1. AIRCRAFT
2. COMMERCIAL AERIAL
APPLICATOR
3. COMMISSIONER
4. CUSTOM APPLICATION OF
PESTICIDES
LIABILITY INSURANCE
5. DEPARTMENT
6. LICENSEE
7. PILOT
8. PERSON
9. PESTICIDE
10. RESTRICTED USE PESTICIDES
$ 100,000.00
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT
TO A FINE OF NOT LESS THAN $100 NOR MORE THAN $500, OR BY IM-
PRISONMENT FOR NOT LESS THAN 30 DAYS NOR MORE THAN 11 MONTHS AND
29 DAYS, OR BOTH FINE AND IMPRISONMENT.
"TENNESSEE PEST CONTROL OPERATORS ACT OF 1972"
(TENN. CODE ANN., S 62.2101 TO 62.2123, SUPP. 1974)
"TENNESSEE INSECTICIDE, FUNGICIDE, AND RODENTICIDE LAW" (1951)
(REGISTRATION LAW)
(TENN. CODE ANN., S 43-701 TO 43-713, 1964)
"TENNESSEE FOOD, DRUG, AND COSMETIC ACT" (1941)
(TENN. CODE ANN., S 52-101 TO 52-124, 1964)
PEST CONTROL COMPACT (1968)
(TENN. CODE ANN., S 43-2801 TO 43-2808, SUPP. 1971)
1975
42f
TENNESSEE
-------
(TX-43-02-01)
TEXAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
TEXAS HERBICIDE LAW
(TEX. REV. CIV. STAT., ANN., ART. 135B-4, SUPP. 1974)
UNLAWFUL TO BE A DEALER IN HERBICIDES UNLESS LICENSED BY THE COMMIS-
SIONER OF AGRICULTURE; TO APPLY HERBICIDES WITHOUT A PERMIT FROM THE
COMMISSIONER; TO APPLY HORMONE TYPE HERBICIDES IN DUST FORM. THE
LAW RELATES ONLY TO HERBICIDES, AND NOT TO OTHER PESTICIDES.
APPLICATION OF HORMONE TYPE HERBICIDES BY BRUSH, MOP, OR INJECTION;
EXPERIMENTAL WORK; GOVERNMENTAL BODIES; APPLIERS OF HERBICIDES TO
NOT MORE THAN 10 ACRES IN ANY ONE YEAR.
APPLIERS
CUSTOM APPLIERS
DEALERS
NONE. THIS LAW IS IN THE NATURE OF A "REGISTRATION" OF DEALERS AND
USERS OF HERBICIDES, ALTHOUGH LICENSES AND PERMITS ARE ISSUED.
ON FORMS PRESCRIBED BY THE COMMISSIONER.
NONE.
DEALER LICENSE
FOR EACH ACRE TO BE SPRAYED
EQUIPMENT INSPECTION
$ 25.00
10.00/UNIT
UPON APPLICATION AND PAYMENT OF FEE. CUSTOM APPLIERS MUST FURNISH
PROOF OF FINANCIAL RESPONSIBILITY. DEALERS LICENSE EXPIRE JANUARY 1.
PERMITS EXPIRE WHEN ACREAGE REQUESTED HAS BEEN SPRAYED, OR AFTER
180 DAYS, OR DECEMBER 31, WHICHEVER OCCURS FIRST.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
1975
SAME AS INITIAL REQUEST.
NOT APPLICABLE.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
43a
TEXAS
-------
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE.
(LAW)
1. APPLICATION
2. APPLIER
3. COMMISSIONER
4. COUNTY HERBICIDE
INSPECTOR
5. CUSTOM APPLIER
6. DEALER
7. EQUIPMENT
8. HERBICIDE
9. PERSON
10. WEED
CUSTOM APPLIERS:
LICENSE DEALERS YES
ESTABLISH CERTIFICATION NO
STANDARDS
CERTIFY COMMERCIAL NO
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
(REGULATION)
1. APPLIER
2. AIRCRAFT EQUIPMENT
3. BRUSH BARRIER - DENSE
4. BRUSH BARRIER - MEDIUM
5. BRUSH BARRIER - SPARSE
6. COMMISSIONER
7. DEALER
8. GROUND EQUIPMENT
9. HERBICIDE
10. PERSON
11. WEED
SURETY BOND, OR, CROP DAMAGE INSURANCE $ 20,000.00
EACH UNIT OF EQUIPMENT, ADDITIONAL 2,000.00
NONE.
VIOLATION OF ACT CONSTITUTES A MISDEMEANOR, SUBJECT TO A FINE OF NOT
LESS THAN $100, NOR MORE THAN $2,000, OR IMPRISONMENT FOR NOT MORE
THAN 30 DAYS, OR BOTH FINE AND IMPRISONMENT.
"TEXAS PESTICIDE CONTROL ACT"
(SESSION LAWS, 1975, PAGE 1117; SENATE BILL 616, 1975)
"TEXAS STRUCTURAL PEST CONTROL ACT" (1971)
(TEX. REV. CIV. STAT. ANN., ART. 135B-6, SUPP. 1974-1975)
"TEXAS FOOD, DRUG, AND COSMETIC ACT"
(TEX. REV. CIV. STAT. ANN., ART. 4476-5, 1966)
1975
43b
TEXAS
-------
(TX-A3-03-01)
TEXAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
"TEXAS STRUCTURAL PEST CONTROL ACT"
(TEX. REV. CIV. STAT. ANN., ART 135B-6, SUPP. 1974-1975)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF STRUCTURAL PEST CONTROL UNLESS
LICENSED BY THE TEXAS STRUCTURAL PEST CONTROL BOARD.
GOVERNMENTAL OR EDUCATIONAL AGENCIES ENGAGED IN OFFICIAL DUTIES;
INDIVIDUALS PERFORMING WORK ON THEIR OWN PROPERTY; EMPLOYEES OF
LICENSEES; PERSONS APPLYING AGRICULTURAL PESTICIDES; AND GRANDFATHER
CLAUSE WHICH PERMITS GRANTING A 2-YEAR TEMPORARY LICENSE.
1. FUMIGATION
2. GENERAL (ALL CATEGORIES COMBINED)
3. LAWN AND ORNAMENTAL
4. PEST CONTROL
5. TERMITE CONTROL
6. WEEDS
MUST BE ABLE TO READ AND WRITE THE ENGLISH LANGUAGE AND MEET THE
STANDARDS SET BY THE BOARD.
ON FORMS PROVIDED BY THE BOARD.
WRITTEN EXAMINATION REQUIRED; PASSING GRADE 70%; GIVEN AT LEAST
QUARTERLY, IN AUSTIN, TEXAS (UNLESS OTHERWISE DESIGNATED AND APPLI-
CANT NOTIFIED); MAY REQUIRE APPLICANTS TO DEMONSTRATE COMPETENCY IN
CATEGORY OF LICENSING.
APPLICATION NONE
EXAMINATION NONE
LICENSE AND RENEWAL LICENSE (FOR EACH PLACE OF BUSINESS) $ 50.00
DUPLICATE LICENSE 10.00
EMPLOYEES OF LICENSEES (IDENTIFICATION) 5.00
(EXCEPT THOSE AT TELEPHONE ANSWERING SERVICE)
ALL FEES TO BE DEPOSITED IN A SPECIAL FUND IN THE STATE TREASURY FOR
EXPENSE OF IMPLEMENTING ACT; NO EXPENSE MAY BE CHARGED TO GENERAL
REVENUE FUNDS, AND EXCESS FUNDS IN SPECIAL FUND ACCOUNT REVERT TO
TREASJRY.
UPON MEETING STANDARDS SET BY BOARD; LICENSES EXPIRE MARCH 1. LICEN-
SES NOT TRANSFERABLE; BUSINESS ENTITIES MUST ALWAYS HAVE A LICENSE
HOLDER, EXCEPT BOARD MAY GRANT TEMPORARY "HARDSHIP" LICENSE NOT TO
EXCEED SIX MONTHS (E.G. DEATH OR DISABILITY OF OWNER).
RENEWABLE BY APPLICATION TO BOARD AND PAYMENT OF FEE BY MARCH 2;
FEES NOT PRORATED.
NO PROVISION FOR RECIPROCITY. NONRESIDENT LICENSE HOLDER TO DISPLAY
LICENSE IN THE PLACE OF BUSINESS OF HIS RESIDENT AGENT.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY NO
1975
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
43c
TEXAS
-------
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS NO
CERTIFIED SUPERVISE NO
NON-CERTIFIED
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THE TEXAS STRUCTURAL PEST CONTROL BOARD IS CREATED ... COMPOSED OF
SEVEN MEMBERS, FOUR ... APPOINTED BY THE GOVERNOR WITH THE ADVICE
AND CONSENT OF THE SENATE FOR TERMS OF TWO YEARS .,. MUST HAVE BEEN
ENGAGED IN ... STRUCTURAL PEST CONTROL FOR AT LEAST FIVE YEARS. NO
TWO MEMBERS ... (MAY BE FROM) THE SAME BUSINESS ENTITY ... IN ADDI-
TION ... THE COMMISSIONER OF AGRICULTURE, THE COMMISSIONER OF HEALTH,
AND THE CHAIRMAN OF THE DEPARTMENT OF ENTOMOLOGY AT TEXAS A & M
UNIVERSITY, OR THEIR DESIGNATED REPRESENTATIVES ... MEMBERS SERVE
WITHOUT COMPENSATION ... BUT ENTITLED TO ... ACTUAL EXPENSES ...
THE BOARD SHALL APPOINT AN EXECUTIVE DIRECTOR ..."
DEFINITIONS:
(LAW)
1. PERSON
(REGULATION)
1. ACT
2. APPLICANT
3. ARTICLE
4. BOARD
5. BRANCH BUSINESS OR OFFICE
6. CATEGORY
A. FUMIGATION
B. GENERAL
C. LAWN AND ORNAMENTAL
D. PEST CONTROL
E. TERMITE CONTROL
F. WEEDS
1975
43d
TEXAS
-------
7. CHAIRMAN
8. EMPLOYEE
9. EXECUTIVE DIRECTOR
10. INSPECTOR
11. LICENSE
12. LICENSED OPERATOR
13. LICENSEE
14. PERSON
15. PEST CONTROL OPERATOR
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
NONE.
THE BOARD MAY REQUEST THE ATTORNEY GENERAL TO BRING SUIT TO ENJOIN A
PERSON FROM ENGAGING IN THE BUSINESS OF STRUCTURAL PEST CONTROL WITH-
OUT A LICENSE.
NONE.
TEXAS HERBICIDE LAW
(TEX. REV. CIV. STAT., ART 135B-4, SUPP. 1974)
"TEXAS PESTICIDE CONTROL ACT"
(SESSION LAWS, 1975, PAGE 1117, SENATE BILL 616, 1975)
43e
1975
TEXAS
-------
(TX-A3-04-01)
TEXAS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS:
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
"TEXAS PESTICIDE CONTROL ACT"*
(SESSION LAWS, 1975, PAGE 1117; SENATE BILL 616, 1975)
UNLAWFUL TO:
SELL RESTRICTED PESTICIDES UNLESS LICENSED; ENGAGE IN COMMERCIAL
APPLICATION OF RESTRICTED PESTICIDES UNLESS CERTIFIED AND LICENSED
PRIVATE APPLICATORS MUST BE CERTIFIED. LEAD AGENCY IS AGRICULTURE.
APPLICATORS LICENSES UNDER THE STRUCTURAL PEST CONTROL ACT.
"AS PROVIDED BY FEDERAL STATUTES OR REGULATIONS."
COMMISSIONER OF AGRICULTURE RESPONSIBLE FOR:
AGRICULTURAL PEST CONTROL
DEMONSTRATION PEST CONTROL
FOREST PEST CONTROL
ORNAMENTAL AND TURF PEST CONTROL
REGULATORY PEST CONTROL
RIGHT-OF-WAY PEST CONTROL
SEED TREATMENT
TEXAS ANIMAL HEALTH COMMISSION:
TEXAS WATER QUALITY BOARD:
TEXAS STATE DEPARTMENT OF HEALTH:
TO BE ESTABLISHED BY REGULATIONS.
ANIMAL PEST CONTROL
AQUATIC PEST CONTROL
HEALTH RELATED PEST CONTROL
ON FORMS PROVIDED BY APPROPRIATE STATE AGENCY.
CONDUCTED BY APPROPRIATE STATE AGENCY.
DEALERS, ANNUAL NOT TO EXCEED
COMMERCIAL AND NON-COMMERCIAL:
TESTING FEE IN EACH LICENSE USE CATEGORY — NOT TO EXCEED
COMMERCIAL APPLICATOR LICENSE NOT TO EXCEED
NON-COMMERCIAL APPLICATOR LICENSE NOT TO EXCEED
GOVERNMENTAL AGENCY LICENSES
PRIVATE APPLICATORS NO LICENSE REQUIRED
LATE RENEWAL (AFTER MARCH 1) REEXAMINATION
DEALER LATE RENEWAL ADDITIONAL
$ 100.00
10.00
100.00
50.00
NO FEE
5.00
ISSUED BY APPROPRIATE STATE AGENCY AFTER APPLICANT IS CERTIFIED.
LICENSES EXPIRE DECEMBER 31.
BY APPLICATION.
PROVISIONS FOR RECIPROCITY.
YES
YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
*PORTIONS OF THE ACT RELATING TO REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS DIGEST.
43f
TEXAS
1975
-------
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
REQUIRE PURCHASE PERMITS YES POST TREATED AREAS
PESTICIDE BOARD: "PESTICIDE ADVISORY COMMITTEE.
YES
NO
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
NO
(A) THE PESTICIDE ADVISORY COMMITTEE CONSISTING OF THE DEANS OF THE
DEPARTMENTS OF AGRICULTURE OF TEXAS A & M UNIVERSITY AND TEXAS TECH
UNIVERSITY, THE EXECUTIVE DIRECTOR OF THE PARKS AND WILDLIFE DEPART-
MENT, THE COMMISSIONER OF THE STATE DEPARTMENT OF HEALTH, AND THE
COMMISSIONER OF AGRICULTURE OR THEIR DESIGNATED REPRESENTATIVES.
MEMBERS OF THE COMMITTEE SERVE AS EX OFFICIO MEMBERS
(B) THE COMMITTEE MEETS AT LEAST ONCE A YEAR AND AT SUCH OTHER
TIMES AS DETERMINED BY THE COMMISSIONER, FOR THE PURPOSE OF ADVISING
THE COMMISSIONER ON THE BEST USE OF PESTICIDES FOR THE PROTECTION OF
PUBLIC HEALTH AND WELFARE, ANIMAL LIFE, AND PROPERTY. THE COMMITTEE
SHALL RECEIVE REQUESTED ASSISTANCE FROM STATE UNIVERSITIES AND STATE
AGENCIES, INCLUDING ASSISTANCE FROM CONSULTANTS RETAINED BY THE
STATE UNIVERSITIES AND STATE AGENCIES, TO AID THE COMMITTEE IN
ITS RECOMMENDATIONS TO THE COMMISSIONER REGARDING ANY PESTICIDE
PROGRAM OR ANY OTHER RELATED MATTER SUBMITTED BY THE COMMISSIONER
FOR THE COMMITTEE RECOMMENDATIONS."
1975
43g
TEXAS
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. ACTIVE INGREDIENT 20.
2. ADULTERATED 21.
3. ANIMAL 22.
4. ANTIDOTE 23.
5. CERTIFIED APPLICATOR 24.
6. COMMERCIAL APPLICATOR 25.
7. COMMISSIONER 26.
8. COMPETENT 27.
9. DEFOLIANT 28.
10. DESICCANT 29.
11. DEVICE 30.
12. DIRECT SUPERVISION 31.
13. DISTRIBUTE 32.
14. DUE NOTICE 33.
15. ENVIRONMENT 34.
16. EQUIPMENT 35.
17. FUNGUS 36.
18. INERT INGREDIENT 37.
19. INGREDIENT STATEMENT
38.
INSECT
LABEL
LABELING
LAND
LICENSE USE CATEGORY
NEMATODE
NONCOMMERCIAL APPLICATION
PERSON
PEST
PESTICIDE
PESTICIDE DEALER
PLANT REGULATOR
PRIVATE APPLICATOR
REGISTERED APPLICATOR
REGULATORY AGENCY
RESTRICTED USE PESTICIDE
STATE LIMITED USE PESTICIDE
UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
WEED
SURETY BOND OR LIABILITY INSURANCE:
PROPERTY DAMAGE: NOT LESS THAN
NOT MORE THAN
BODILY INJURY: NOT LESS THAN
DEDUCTIBLE AMOUNTS UP TO
5,000.00
100,000.00
5,000.00
1,000.00
NONE.
VIOLATION OF ACT CONSTITUTES A CLASS C MISDEMEANOR.
"TEXAS STRUCTURAL PEST CONTROL ACT"
(TEX. REV. CIV. STAT. ANN., ART. 135B-6, SUPP. 1974-1975)
TEXAS HERBICIDE LAW
(TEX. REV. CIV. STAT. ANN., ART. 135B-4, SUPP. 1974)
1975
43h
TEXAS
-------
(UT-44-02-01)
UTAH
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"ECONOMIC POISON APPLICATION ACT OF 1951"
(UTAH CODE ANN., S 4-4-14 TO 4-4-29, 1971)
UNLAWFUL TO ENGAGE IN THE APPLICATION OF PESTICIDES FOR HIRE UNLESS
LICENSED BY THE COMMISSIONER OF AGRICULTURE.
CUSTOM APPLICATORS WHOSE COMPENSATION IS LESS THAN $50/YEAR; AND NON-
COMMERCIAL (INCLUDING FARMERS) APPLICATORS.
CUSTOM APPLICATOR
PEST CONTROL OPERATOR
"ADEQUATE" KNOWLEDGE REQUIRED.
ON FORM PROVIDED BY COMMISSIONER, TO INCLUDE A LIST OF EQUIPMENT OR
DEVICES TO BE USED IN CUSTOM APPLICATION.
WRITTEN EXAMINATION REQUIRED.
FIVE DOLLARS (EMPLOYEES OF GOVERNMENTAL AGENCIES EXEMPT FROM PAYMENT
OF FEE BUT NOT FROM QUALIFICATIONS FOR LICENSE).
ISSUED UPON FINDING APPLICANT QUALIFIED. EXPIRES DECEMBER 31.
LICENSE MAY BE SUSPENDED AND REVOKED FOR CAUSE AFTER OPPORTUNTY
FOR A HEARING.
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE NO
EQIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
ANNUAL LICENSE FEE OF $5 FOR RENEWAL.
PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT
RESTRICT PESTICIDE USAGE
ENTER COOPERATIVE AGREEMENTS
CONDUCT TRAINING COURSES
REQUIRE COMPLIANCE
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
YES
YES
YES
NO
YES
YES
NO
NO
NO
YES
1975
44a
UTAH
-------
CATEGORIZE COMMERCIAL
APPLICATORS
CERTIFY PRIVATE
APPLICATORS
RECORDS OPEN FOR INSPECTION
WRITTEN RECOMMENDATIONS
FROM ADVISORS
SUBMIT AND MAINTAIN
STATE PLANS
RECIPROCITY
REQUIRE ACCIDENT REPORTING
ADOPT FEDERAL REGULATIONS
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD: NONE.
DEFINITIONS:
NO
NO
YES
NO
YES
YES
NO
NO
NO
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. AIRCRAFT
2. COMMISSIONER
3. CUSTOM APPLICATOR
4. ECONOMIC POISON
5. FUNGI
NONE.
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
6. GROUND EQUIPMENT
7. INSECT
8. PERSON
9. PEST CONTROL OPERATOR
10. WEED
NONE.
VIOLATION OF THE ACT OR REGULATIONS IS A MISDEMEANOR SUBJECT TO A
FINE OF NOT MORE THAN $50 FOR FIRST OFFENSE, AND NOT MORE THAN $500
FOR EACH SUBSEQUENT OFFENSE.
"INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OF 1951"
(REGISTRATION LAW)
(UTAH CODE ANN., S 4-4-1 TO 4-4-13, 1971)
"UTAH FOOD, DRUG, AND COSMETIC ACT"
(UTAH CODE ANN., S 4-26-1 TO 4-26-26, 1971)
"UTAH PESTICIDE CONTROL ACT"
(UTAH CODE ANN., S 4-4-30 TO 4-4-40, 1971)
PROVIDES FOR THE APPOINTMENT OF A PESTICIDE COMMITTEE; GRANTS THE
COMMISSIONER OF AGRICULTURE AUTHORITY TO ADOPT A LIST OF RESTRICTED
USE PESTICIDES, TO ISSUE REGULATIONS WITH THE APPROVAL OF THE COM-
MITTEE, AND OTHER AUTHORITIES RELATING TO THE SALE, DISTRIBUTION,
USE, AND DISPOSAL OF PESTICIDES.
1975
44b
UTAH
-------
(VT-A5-02-01)
VERMONT
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
CONTROL OF PESTICIDES
(VT. STAT. ANN., TIT. 6, S 1101 TO 1109, SUPP. 1973)
UNLAWFUL TO DISPLAY, SELL, APPLY, USE, SHIP, STORE, OR DISPOSE OF
ECONOMIC POISONS IN VIOLATION OF LAW OR REGULATIONS. EVERY PERSON
WHO APPLIES PESTICIDES MUST BE LICENSED.
LANDOWNERS, NEIGHBORHOOD OPERATORS (WITH PERMIT), BUT ALL USERS
OF RESTRICTED PESTICIDES MUST BE CERTIFIED.
1. AGRICULTURAL
(I) PLANT
(II) ANIMAL
2. FOREST
3. ORNAMENTAL AND TURF
(I) ORNAMENTAL AND
(II) TURF
4. SEED TREATMENT
5. RIGHT-OF-WAY
6. INDUSTRIAL, INSTITUTIONAL,
STRUCTURAL AND HEALTH
7. PUBLIC HEALTH
8. REGULATORY
9. DEMONSTRATION AND RESEARCH
10. AIRCRAFT
11. AQUATIC
MUST POSSESS ADEQUATE KNOWLEDGE.
ON FORMS PROVIDED BY THE COMMISSIONER.
ORAL AND WRITTEN.
REQUIREMENTS TO BE ESTABLISHED BY REGULATION.
LICENSE FEE MAY NOT EXCEED $25.
APPLICATORS
DEALERS, A-B
DEALERS, C
$ 5.00
5.00
4.00
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
UPON PASSING EXAMINATION. VALID THROUGH DECEMBER 31.
WITHOUT EXAMINATION, UNLESS ADDITIONAL KNOWLEDGE NECESSARY.
PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
YES
45a
1975
VERMONT
-------
ADMINISTER OATHS
NO
SUBPOENA POWERS
YES
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
INVESTIGATE DAMAGES
LICENSE DEALERS
ESTABLISH CERTIFICATION
STANDARDS
CERTIFY COMMERCIAL
APPLICATORS
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
REQUIRE PURCHASE PERMITS YES POST TREATED AREAS
PESTICIDE BOARD: "PESTICIDE ADVISORY COUNCIL ESTABLISHED.
NO
YES
YES
YES
YES
YES
YES
NO
NO
YES
YES
NO
(A) THE PESTICIDE ADVISORY COUNCIL, AS CONSTITUTED BY EXECUTIVE
ORDER OF JANUARY 12, 1967, IS ESTABLISHED AS AN ADJUNCT TO THE
EXECUTIVE OFFICE. MEMBERS OF THE COUNCIL SHALL BE PROFESSIONALLY
QUALIFIED INDIVIDUALS WHO, BY EXPERIENCE AND TRAINING, ARE KNOW-
LEDGEABLE IN ONE OR MORE AREAS ASSOCIATED WITH PESTICIDES. ONE
STAFF MEMBER OF EACH OF THE STATE DEPARTMENTS OR AGENCIES LISTED
BELOW, TO BE DESIGNATED BY THE COMMISSIONER OF THE AGENCY EXCEPT AS
OTHERWISE PROVIDED, SHALL REPRESENT EACH DEPARTMENT OR AGENCY ON
THE COUNCIL:
1. THE FISH AND GAME DEPARTMENT
2. THE DEPARTMENT OF WATER RESOURCES
3. THE DEPARTMENT OF AGRICULTURE
4. THE DEPARTMENT OF FORESTS AND PARKS
5. THE DEPARTMENT OF HEALTH
6. THE AERONAUTICS BOARD
7. ONE PHYSICIAN FROM THE COLLEGE OF MEDICINE OF THE UNIVERSITY
OF VERMONT NOMINATED BY ITS DEAN
8. ONE REPRESENTATIVE IN THE AREA OF ENTOMOLOGY, PLANT PATHOLOGY OR
WEED CONTROL FROM THE UNIVERSITY OF VERMONT EXTENSION SERVICE TO BE
NAMED BY THE DIRECTOR, AND
9. ONE REPRESENTATIVE IN THE AREA OF PESTICIDE RESEARCH FROM THE
VERMONT AGRICULTURAL EXPERIMENT STATION NAMED BY THE DEAN OF THE
COLLEGE OF AGRICULTURE OF THE UNIVERSITY OF VERMONT.
(B) EACH MEMBER OF THE COUNCIL SHALL SERVE UNTIL HIS DEATH OR
RESIGNATION OR UNTIL HIS SUCCESSOR IS APPOINTED OR OTHERWISE DESIG-
NATED IN ACCORDANCE WITH THIS CHAPTER.
(C) THE CHAIRMAN OF THE COUNCIL SHALL BE DESIGNATED BY THE GOVERNOR
AND SHALL SERVE AS HIS PERSONAL REPRESENTATIVE, AND SHALL COORDINATE
ACTIVITIES ON THE COUNCIL.
45b
1975
VERMONT
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
(D) THE FUNCTIONS OF THE COUNCIL ARE:
1. TO REVIEW INSECT, PLANT DISEASE, WEED, NEMATODE, RODENT. NOXIOUS
WILDLIFE, AND OTHER PEST CONTROL PROGRAMS WITHIN THE STATE AND TO
ASSESS THE EFFECT OF SUCH PROGRAMS ON HUMAN HEALTH AND COMFORT,
NATURAL RESOURCES, WATER, WILDLIFE, AND FOOD AND FIBRE PRODUCTION,
AND WHERE NECESSARY MAKE RECOMMENDATIONS FOR GREATER SAFETY AND
EFFICIENCY.
(2) TO SERVE AS THE ADVISORY GROUP TO THE AERONAUTICS BOARD RELATIVE
TO THE SAFETY AND EFFECTIVENESS OF AERIALLY APPLIED PESTICIDES, AND
TO SUCH OTHER STATE AGENCIES HAVING RESPONSIBILITIES FOR THE USE
AND DISPERSAL OF PESTICIDES.
3. TO ADVISE THE EXECUTIVE BRANCH OF STATE GOVERNMENT WITH RESPECT
TO LEGISLATION CONCERNING THE USE OF VARIOUS PEST CONTROL MEASURES.
4. TO SUGGEST PROGRAMS, POLICIES, AND LEGISLATION FOR WISE AND
EFFECTIVE PESTICIDE CHEMICAL USE IN VERMONT AS THE NEED ARISES.
5. TO PREPARE ANNUALLY OR MORE FREQUENTLY AS DEEMED NECESSARY,
A SUMMARY OF PESTICIDES WHICH BECAUSE OF THEIR HAZARDOUS CHARAC-
TERISTICS OR PROPERTIES WARRANT SPECIAL SURVEILLANCE AND STRICTER
CONTROL OF AVAILABILITY AND USE.
6. TO CONTROL IMPORTS FROM OUT OF STATE.
(E) THE COUNCIL SHALL MEET BIENNUALLY, ONCE IN THE FALL AND ONCE
IN THE SPRING. MEETINGS AT OTHER TIMES MAY BE CALLED BY THE
GOVERNOR, BY THE CHAIRMAN OR BY A MEMBER OF THE COUNCIL."
(LAW)
1. COMMISSIONER
2. CUMULATIVE
3. ECONOMIC POISON
4. PEST
5. PESTICIDE
(REGULATION)
1. AIRCRAFT
2. APPLICATION METHODS
3. BROWN-OUT
4. COMMISSIONER
5. EQUIPMENT
6. FOREST TREES
7. FRUIT AND CROP PLANTS
8. ORNAMENTALS
9. PERSON
10. PESTICIDE APPLICATOR
11. PESTICIDE DEALER
12. PESTICIDE OPERATOR
13. RIGHT-OF-WAY
14. SHADE TREES
15. VEGETATION
TO BE ESTABLISHED BY REGULATION, BUT MAY NOT EXCEED $10,000.
NONE.
VIOLATION OF THE ACT OR REGULATIONS SUBJECT TO A FINE OF NOT MORE
THAN $500 FOR THE FIRST OFFENSE AND NOT MORE THAN $500 FOR EACH
SUBSEQUENT OFFENSE.
PESTICIDE REGISTRATION ACT (REGISTRATION LAW)
(VT. STAT. ANN., TIT. 6, S 911 TO 928,1972)
CONTROL OF INSECT PESTS AND PLANT DISEASES
(VT. STAT. ANN., TIT. 6, S 981 ET SEQ., 1965)
VERMONT AERONAUTICS COMMISSION
(VT. STAT. ANN., TIT. 5, S 186, 1956)
LABELING OF FOOD, DRUGS, COSMETICS AND HAZARDOUS SUBSTANCES
(VT. STAT. ANN., TIT. 18, S 4051 TO 4071, 1968)
45c
1975
VERMONT
-------
(VA 46-02-01)
VIRGINIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
"VIRGINIA PESTICIDE USE AND APPLICATION ACT OF 1975"
(VA. CODE ANN., S 3.1-249.1 TO 3.1-249.21, SUPP. 1975)
UNLAWFUL TO USE RESTRICTED USE PESTICIDES UNLESS CERTIFIED BY THE
BOARD OF AGRICULTURE AND COMMERCE.
PERSONS CONDUCTING LABORATORY TYPE RESEARCH; DOCTORS OF MEDICINE OR
VETERINARY MEDICINE.
1. AGRICULTURAL
2. FOREST
3. ORNAMENTAL
4. SEED
5. AQUATIC
6. RIGHT-OF-WAY
7. INDUSTRIAL
8. HEALTH RELATED
9. REGULATORY
10. DEMONSTRATION AND RESEARCH
STANDARDS FOR CERTIFICATION MAY BE ESTABLISHED BY REGULATION.
ON FORMS PRESCRIBED BY THE COMMISSIONER.
MUST PASS EXAMINATION TO DEMONSTRATE COMPETENCE TO USE RESTRICTED
USE PESTICIDES.
INITIAL CERTIFICATION OR LICENSE
RENEWALS
GOVERNMENTAL BODIES AND PRIVATE APPLICATORS
LATE RENEWAL, PLUS
$ 25.00
15.00
NO FEE
25%
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
UPON BEING FOUND QUALIFIED. EXPIRE AT END OF CALENDAR YEAR.
RENEWABLE UPON PAYMENT OF FEE. COMMISSIONER MAY REQUIRE RE-EXAMINA-
TION IF NEW KNOWLEDGE OR NEW TECHNOLOGY IS DEVELOPED. PRIVATE
APPLICATOR CERTIFICATION MAY BE RENEWED BY PRESENTING EVIDENCE OF
COMPLETION OF EDUCATIONAL COURSES, PROGRAMS, OR SEMINARS.
PROVISIONS FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
46a
1975
VIRGINIA
-------
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS NO
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE IS HEREBY CREATED A PESTICIDE ADVISORY COMMITTEE COMPOSED OF
TWELVE MEMBERS, OF WHOM THREE SHALL BE PESTICIDE APPLICATORS RESID-
ING IN THE STATE, TWO LICENSED AS A COMMERCIAL APPLICATOR AND ONE
LICENSED AS A PRIVATE APPLICATOR, ONE COMMERCIAL PRODUCER OF FOOD
OR FEED COMMODITIES, ONE ENVIRONMENTAL HEALTH SPECIALIST FROM THE
VIRGINIA DEPARTMENT OF HEALTH, ONE REPRESENTATIVE FROM THE AGRI-
CULTURAL CHEMICAL INDUSTRY, ONE REPRESENTATIVE FROM THE VIRGINIA
DEPARTMENT OF AGRICULTURE AND COMMERCE, ONE REPRESENTATIVE FROM THE
VIRGINIA COMMISSION OF GAME AND INLAND FISHERIES, ONE REPRESENTATIVE
FROM THE STATE WATER CONTROL BOARD, ONE REPRESENTATIVE FROM VIRGINIA
POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, ONE INDUSTRIAL USER AND
ONE PRIVATE CITIZEN CHOSEN AT LARGE. SUCH MEMBERS SHALL BE APPOINTED
BY THE COMMISSIONER FOR TERMS OF FOUR YEARS AND MAY BE APPOINTED FOR
SUCCESSIVE FOUR YEAR TERMS AT THE DISCRETION OF THE COMMISSIONER
PROVIDED: THAT AT THE INCEPTION OF THIS COMMITTEE THE COMMISSIONER
SHALL APPOINT SIX MEMBERS FOR A PERIOD OF FOUR YEARS, THREE MEMBERS
FOR A PERIOD OF THREE YEARS, AND THREE MEMBERS FOR A PERIOD OF TWO
YEARS. ALL SUBSEQUENT TERMS FOR APPOINTMENTS TO THIS COMMITTEE SHALL
BE FOR A PERIOD OF FOUR YEARS. THE COMMISSIONER MAY REMOVE ANY MEM-
BER OF THE COMMITTEE PRIOR TO THE EXPIRATION OF HIS TERM OF APPOINT-
MENT FOR CAUSE.
UPON THE DEATH, RESIGNATION OR REMOVAL FOR CAUSE OF ANY MEMBER OF THE
COMMITTEE, THE COMMISSIONER SHALL FILL SUCH VACANCY WITHIN THIRTY
DAYS OF ITS CREATION, FOR THE REMAINDER OF ITS TERM IN THE MANNER
HEREIN PRESCRIBED FOR APPOINTMENT TO THE COMMITTEE.
THE COMMITTEE SHALL ADVISE THE BOARD ON ANY OR ALL PROBLEMS RELATING
TO THE USE AND APPLICATION OF PESTICIDES. THIS MAY INCLUDE PEST CON-
TROL PROBLEMS, ENVIRONMENTAL OR HEALTH PROBLEMS RELATED TO PESTICIDE
USE, AND REVIEW OF NEEDED LEGISLATION, REGULATIONS AND AGENCY PRO-
GRAMS PURSUANT TO S 3.1-249.20.
THE COMMISSIONER SHALL APPOINT THE COMMITTEE CHAIRMAN. THE MEMBERS
OF THE COMMITTEE SHALL MEET AT SUCH TIME AND AT SUCH PLACE AS SHALL
BE SPECIFIED BY THE CALL OF THE BOARD, CHAIRMAN OR A MAJORITY OF
THE COMMITTEE. A MAJORITY OF THE COMMITTEE SHALL CONSTITUTE A
QUORUM."
46b
1975
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. BOARD
2. CERTIFIED APPLICATOR
3. COMMERCIAL APPLICATOR
PRIVATE APPLICATOR
4. COMMISSIONER
5. COMMITTEE
6. COMPETENT
7. RESTRICTED USE PESTICIDE
8. UNDER THE DIRECT SUPERVISION
9. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
SURETY BOND OR LIABILITY INSURANCE; AMOUNT TO BE ESTABLISHED BY REGU-
LATION BUT MAY NOT EXCEED $100,000 FOR PROPERTY DAMAGE AND LIKE AMOUNT
FOR PERSONAL INJURY, $500 DEDUCTIBLE PERMITTED.
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES CLASS 2 MISDEMEANOR.
"VIRGINIA PESTICIDE LAW" (REGISTRATION LAW)
(VA. CODE ANN., S. 3.1-189 TO 3.1-249, 1973)
PEST CONTROL COMPACT
(VA. CODE ANN., 3.1-188.1 TO 3.1-188.19, SUPP. 1973)
1975
46c
VIRGINIA
-------
(WA-A7-02-01)
WASHINGTON
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS
DELEGATE DUTIES
"WASHINGTON PESTICIDE APPLICATION ACT"
(WASH. REV. CODE, S 17.21.010 TO 17.21.931, SUPP. 1974)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF APPLYING PESTICIDES TO THE
LAND OF ANOTHER WITHOUT A PESTICIDE APPLICATOR'S LICENSE. INCLUDES
MANUAL OR MECHANICAL APPLICATION TO CROPS, ORNAMENTALS, AND STRUC-
TURES. THE ACT MAKES THE STATE, MUNICIPAL CORPORATIONS AND PUBLIC
UTILITIES SUBJECT TO TORT LIABILITY FOR THEIR IMPROPER APPLICATION
OF PESTICIDES.
LICENSE NOT REQUIRED BY FOREST LANDOWNER OR FARMER OWNER APPLYING
PESTICIDES TO OWNED LAND BY GROUND EQUIPMENT; LANDSCAPE GARDENER;
TAKING CARE OF LAWNS AND YARDS; ONLY THOSE GOVERNMENTAL EMPLOYEES
ENGAGED IN RESEARCH AND HEALTH OFFICERS ENGAGED IN PEST CONTROL
OTHER THAN WEED CONTROL; HOWEVER ALL PERSONS (EXCEPT LICENSED
PESTICIDE APPLICATORS) MUST OBTAIN AN ANNUAL USERS PERMIT (OBTAIN-
ABLE FROM AUTHORIZED PESTICIDES DEALERS) PRIOR TO PURCHASE OR USE
OF RESTRICTED USE PESTICIDES. SEE ALSO "WASHINGTON PESTICIDE
CONTROL ACT."
AERIAL - GROUND - MANUAL
AGRICULTURAL CROP SPRAYERS
PEST CONTROL OPERATORS
ORNAMENTAL SPRAYERS
RIGHT-OF-WAY SPRAYERS
OTHERS AUTHORIZED
APPLICANT MUST DEMONSTRATE KNOWLEDGE OF PESTICIDE USAGE.
TO BE ON FORM PROVIDED BY DIRECTOR AND MADE ON OR BEFORE JANUARY 1.
THE DIRECTOR MAY NOT ISSUE A LICENSE UNTIL APPLICANT HAS PASSED AN
EXAMINATION.
PESTICIDE APPLICATOR
PESTICIDE OPERATOR
NON-SCHEDULED EXAMINATION
OVER ONE APPARATUS LICENSE, EACH
DEALER'S LICENSE
PEST CONTROL CONSULTANT LICENSE
PUBLIC PEST CONTROL CONSULTANT
PUBLIC OPERATORS
RENEWAL DELINQUENT PENALTY
50.00
10.00
5.00
10.00
10.00
10.00
NONE
NONE
25%
LICENSE ISSUED UPON PASSING EXAMINATION AND PAYMENT OF FEE. ALL
LICENSES EXPIRE DECEMBER 31. LICENSE MAY BE DENIED, SUSPENDED, OR
REVOKED FOR CAUSE.
RENEWABLE BY APPLICATION AND EXAMINATION.
NO PROVISION FOR RECIPROCITY.
YES
YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
1975
47a
WASHINGTON
-------
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING YES
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
NO
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE IS HEREBY CREATED A PESTICIDE ADVISORY BOARD CONSISTING OF
THREE LICENSED PESTICIDE APPLICATORS RESIDING IN THE STATE ... (ONE
SHALL BE LICENSED TO OPERATE GROUND APPARATUS, ONE SHALL BE LICENSED
TO OPERATE AERIAL APPARATUS, AND ONE SHALL BE LICENSED FOR STRUCTURAL
PEST CONTROL), ONE ENTOMOLOGIST IN PUBLIC SERVICE ... ONE TOXICOLO-
GIST IN PUBLIC SERVICE, ONE PLANT PATHOLOGIST IN PUBLIC SERVICE, ONE
MEMBER FROM THE AGRICULTURAL CHEMICAL INDUSTRY, ONE MEMBER FROM THE
FOOD PROCESSING INDUSTRY ... ONE LICENSED PEST CONTROL CONSULTANT
... ONE LICENSED PESTICIDE DEALER MANAGER ... AND TWO PRODUCERS OF
AGRICULTURAL CROPS OR PRODUCTS ON WHICH PESTICIDES ARE APPLIED OR
WHICH MAY BE AFFECTED BY THE APPLICATION OF PESTICIDES. SUCH MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR FOR TERMS OF FOUR YEARS AND MAY
BE APPOINTED FOR SUCCESSIVE FOUR YEAR TERMS AT THE DISCRETION OF THE
GOVERNOR. THE GOVERNOR MAY REMOVE ANY MEMBER OF THE BOARD PRIOR TO
THE EXPIRATION OF HIS TERM OF APPOINTMENT FOR CAUSE THE BOARD
SHALL ALSO INCLUDE THE ENVIRONMENTAL HEALTH SPECIALIST FROM THE DIVI-
SION OF HEALTH OF THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, THE
SUPERVISOR OF THE GRAIN AND CHEMICAL DIVISION OF THE DEPARTMENT, AND
THE DIRECTORS, OR THEIR APPOINTED REPRESENTATIVES, OF THE DEPARTMENTS
OF GAME, FISHERIES, NATURAL RESOURCES, AND ECOLOGY."
1975
47b
WASHINGTON
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. AGRICULTURAL CROPS
2. APPARATUS
3. BOARD
4. DEFOLIANT
5. DEPARTMENT
6. DESICCANT
7. DEVICE
8. DIRECTOR
9. ENGAGE IN BUSINESS
10. FUNGI
11. FUNGICIDE
12. HERBICIDE
13. INSECT
14. INSECTICIDE
15. LAND
16. NEMATODE
17. NEMATOCIDE
18. PERSON
19. PEST
20. PESTICIDE
21. PLANT REGULATOR
22. RESTRICTED USE PESTICIDE
23. RODENTICIDE
24. SNAILS OR SLUGS
25. WEED
PERSONAL INJURY: NOT LESS THAN $ 25,000.00
PROPERTY DAMAGE: NOT LESS THAN 25,000.00
AERIAL APPLICATORS: DEDUCTIBLE AMOUNT NOT TO EXCEED 500.00
OTHER APPLICANTS: DEDUCTIBLE AMOUNT NOT TO EXCEED 250.00
NONE.
VIOLATION OF THE LAW OR REGULATIONS CONSTITUTES A MISDEMEANOR UPON
THE FIRST OFFENSE AND A GROSS MISDEMEANOR UPON A SECOND OR SUBSE-
QUENT OFFENSE. AN OFFENSE COMMITTED FIVE YEARS AFTER A PREVIOUS
CONVICTION IS A FIRST OFFENSE.
"WASHINGTON PESTICIDE CONTROL ACT" (REGISTRATION LAW)
(WASH. REV. CODE, S 15.58.010 TO 15.58.930, SUPP. 1974)
PROVIDES AUTHORITY FOR LICENSING PESTICIDE DEALERS AND CONSUL-
TANTS; AUTHORITY TO REGULATE STORAGE, TRANSPORTATION, OR DISPOSAL
OF PESTICIDES; TO REQUIRE USE AND PURCHASE PERMITS; TO ADOPT AND
PUBLISH LISTS OF RESTRICTED USE PESTICIDES.
1975
47c
WASHINGTON
-------
CERTIFICATION
OR LICENSING:
(WV-48-02-01)
WEST VIRGINIA
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
"THE WEST VIRGINIA PESTICIDE USE AND APPLICATION ACT OF 1975"
(W. VA. CODE ANN., S 19-16B-1 TO 19-16B-26, SUPP. 19XX)
UNLAWFUL TO USE A RESTRICTED USE PESTICIDE UNLESS CERTIFIED BY THE
COMMISSIONER OF AGRICULTURE, AND UNLAWFUL TO ENGAGE IN THE BUSINESS
OF APPLYING PESTICIDES UNLESS LICENSED. DEALERS IN RESTRICTED USE
PESTICIDES MUST BE LICENSED.
EXPERIMENTAL RESEARCH AND VETERINARY PRACTICES.
CATEGORIES
QUALIFICATIONS
1. AGRICULTURAL PEST CONTROL
A. AGRICULTURAL PLANT PEST CONTROL
B. AGRICULTURAL PEST CONTROL AERIAL APPLICATOR
C. ANIMAL PEST CONTROL
2. FOREST PEST CONTROL
A. AERIAL FOREST PEST CONTROL
3. ORNAMENTAL AND TURF PEST CONTROL
A. AERIAL ORNAMENTAL AND TURF
4. SEED TREATMENT
5. AQUATIC PEST CONTROL
A. AERIAL AQUATIC PEST CONTROL
6. RIGHT-OF-WAY PEST CONTROL
A. AERIAL ROW PEST CONTROL
7. INDUSTRIAL, INSTITUTIONAL, STRUCTURAL
AND HEALTH RELATED PEST CONTROL
A. GENERAL
B. STRUCTURAL
C. FUMIGATION
8. DEMONSTRATION AND RESEARCH PEST CONTROL
A. DEMONSTRATION
B. RESEARCH
9. LICENSED PUBLIC OPERATOR
A. PUBLIC HEALTH PEST
B. REGULATORY PEST
10. OTHER CATEGORIES AND SUB-CATEGORIES MAY BE
ESTABLISHED BY THE COMMISSIONER.
COMMISSIONER MAY PRESCRIBE STANDARDS FOR CERTIFICATION OF
APPLICATORS.
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
IN WRITING ON FORMS PROVIDED BY THE COMMISSIONER.
MUST PASS AN EXAMINATION TO DEMONSTRATE COMPETENCE.
MINIMUM EPA REQUIREMENTS.
LICENSED APPLICATOR (BUSINESS)
GOVERNMENTAL BODIES (PUBLIC OPERATORS)
COMMERCIAL APPLICATOR
PRIVATE APPLICATOR
MAY NOT EXCEED
$ 50.00
NO FEE
1.00
1.00
UPON BEING FOUND QUALIFIED, PROOF OF FINANCIAL RESPONSIBILITY, AND
COMPLIANCE WITH OTHER STATE LAWS. EXPIRE AT END OF CALENDAR YEAR.
MAY REQUIRE EVIDENCE OF ATTENDANCE AT APPROVED WORKSHOP OR TRAINING
SESSION AT NO LESS THAN 3-YEAR INTERVALS. LICENSE, PERMIT, OR
CERTIFICATION NOT RENEWED BY MARCH 1 MAY REQUIRE RE-EXAMINATION.
48a
1975
WEST VIRGINIA
-------
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS YES
BY REFERENCE
YES
PROVISION FOR RECIPROCITY. MUST APPOINT RESIDENT AGENT TO ACCEPT
SERVICE OF LEGAL PROCESSES.
REQUIRE PURCHASE PERMITS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND YES
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
PESTICIDE BOARD:
"THERE IS HEREBY CREATED A PESTICIDE ADVISORY BOARD CONSISTING OF
SEVEN PERSONS INCLUDING THE COMMISSIONER OF AGRICULTURE WHO SHALL
BE CHAIRMAN, AND ONE OF WHOM SHALL BE FROM STRUCTURAL PEST CONTROL,
ONE OF WHOM SHALL BE A QUALIFIED ENVIRONMENTAL HEALTH SPECIALIST,
ONE OF WHOM SHALL BE EMPLOYED IN THE AGRICULTURAL CHEMICAL INDUSTRY,
ONE OF WHOM SHALL BE KNOWLEDGEABLE IN THE AREA OF WILDLIFE RESOURCES,
ONE OF WHOM SHALL BE A PRODUCER OF AGRICULTURAL CROPS ON WHICH PESTI-
CIDES ARE APPLIED, AND ONE OF WHOM SHALL BE A CITIZEN MEMBER WHO
SHALL BE KNOWLEDGEABLE IN THE FIELD OF PESTICIDES. THE SIX MEMBERS
NOT REPRESENTING GOVERNMENT DEPARTMENTS SHALL BE APPOINTED BY THE
COMMISSIONER FOR TERMS OF FOUR YEARS AND MAY SERVE SUCCESSIVE TERMS,
PROVIDED, THAT AT THE INCEPTION TWO SHALL BE APPOINTED FOR ONE YEAR,
TWO FOR TWO YEARS, ONE FOR THREE YEARS, AND ONE FOR FOUR YEARS.
48b
1975
WEST VIRGINIA
-------
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
THE BOARD SHALL ADVISE THE COMMISSIONER ON PROBLEMS RELATING
TO THE USE AND APPLICATION OF PESTICIDES. THE BOARD SHALL MEET
AT SUCH TIME AND PLACE AS CALLED BY THE CHAIRMAN OR BY A MAJORITY
OF THE BOARD. MEMBERS SHALL SERVE WITHOUT COMPENSATION AND MEM-
BERS NOT FROM GOVERNMENTAL DEPARTMENTS SHALL BE PAID EXPENSES
AT THE SAME RATE AS PAID TO EMPLOYEES OF THE STATE ACCORDING TO
THE RULES AND REGULATIONS AS PROMULGATED PURSUANT TO THE WEST
VIRGINIA CODE "
4
(REGULATIONS)
1. ACCIDENT
2. ACT
3. COMPETENT
4. FUMIGANT
5. FUMIGATION
6. REGULATED PEST
(LAW)
1. AGRICULTURAL COMMODITY
2. ANIMAL
3. CERTIFIED APPLICATOR
4. COMMERCIAL APPLICATOR
5. COMMISSIONER
6. DEFOLIANT
7. DESICCANT
8. DEVICE
9. DIRECT SUPERVISION
10. ENVIRONMENT
11. FUNGUS
12. INSECT
13. LAND
14. LICENSED APPLICATOR
15. LICENSED PUBLIC OPERATOR
16. NEMATODE
17. PERMIT
18. PERSON
19. PEST
20. PESTICIDE
21. PESTICIDE DEALER
22. PLANT REGULATOR
23. PRIVATE APPLICATOR
24. RESTRICTED USE PESTICIDE
25. STATE RESTRICTED USE PESTICIDE
26. UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
27. WEED
SURETY BOND OR LIABILITY INSURANCE: (LICENSE APPLICATORS ONLY)
AERIAL APPLICATORS, BODILY INJURY
AERIAL APPLICATORS, PROPERTY DAMAGE
OTHER CATEGORIES, BODILY INJURY
OTHER CATEGORIES, PROPERTY DAMAGE
CATEGORIES AND SUB-CATEGORIES NO. 8 AND
CATEGORIES AND SUB-CATEGORIES NO. 8 AND
PROPERTY DAMAGE
300,000.00
200,000.00
300,000.00
100,000.00
NONE
NONE
PENALTIES:
CIVIL
CRIMINAL
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT
TO A FINE OF NOT LESS THAN $100 NOR MORE THAN $500. SECOND OFFENSE
SUBJECT TO A FINE OF NOT LESS THAN $500 NOR MORE THAN $1,000, OR
IMPRISONMENT IN COUNTY JAIL FOR NOT MORE THAN 6 MONTHS, OR BOTH
FINE AND IMPRISONMENT.
48c
1975
WEST VIRGINIA
-------
RELEVANT LAWS: "PESTICIDE ACT OF 1961" (REGISTRATION LAW)
(W. VA. CODE ANN., S 19-16A, 1-13, 1966)
"THE INTERAGENCY PESTICIDE COMMITTEE ACT"
(W. VA. CODE ANN., S 19-12C, 1-7, 1966)
REPRESENTS STATE DEPARTMENTS OF AGRICULTURE (CHAIRMAN), NATURAL
RESOURCES, PUBLIC HEALTH, AGRICULTURAL EXPERIMENT STATION, AND AIR
POLLUTION CONTROL. THIS IS AN ADVISORY COMMITTEE, WITHOUT ADMINIS-
TRATIVE OR OPERATIONAL AUTHORITIES OR RESPONSIBILITIES, WHOSE DUTIES
ARE TO REVIEW CURRENT USE OF PESTICIDES, REVIEW STATE PESTICIDE
PROGRAMS, CONSIDER PROBLEMS ARISING FROM PESTICIDE USE, RECOMMEND
PESTICIDE CONTROL LEGISLATION TO THE GOVERNOR, AND ADVISE ON AND
APPROVE ALL PROGRAMS INVOLVING USE OF PESTICIDES ON STATE PROPERTY.
48d
1975 WEST VIRGINIA
-------
(WI-49-02-01)
WISCONSIN
TITLE: NO COMPLETE PESTICIDE USE AND APPLICATION LAW
RELEVANT LAWS: PESTICIDE REVIEW BOARD
(WIS. STAT., S 15.195,1967)
CREATES BOARD AND DEFINES AUTHORITY. "... THERE IS CREATED IN THE
DEPARTMENT OF HEALTH AND SOCIAL SERVICES A PESTICIDE REVIEW BOARD.
THE REVIEW BOARD SHALL CONSIST OF THE SECRETARY OF AGRICULTURE, THE
SECRETARY OF NATURAL RESOURCES AND THE SECRETARY OF HEALTH AND
SOCIAL SERVICES, OR THEIR DESIGNATED REPRESENTATIVES
"... THE DEPARTMENT OF NATURAL RESOURCES ... MAY ADOPT RULES
GOVERNING THE USE OF PESTICIDES (HAZARDOUS TO WILDLIFE) ... SUCH
RULES ARE NOT EFFECTIVE UNTIL APPROVED BY THE PESTICIDE REVIEW
BOARD
"... THE DEPARTMENT OF AGRICULTURE MAY ADOPT RULES ... TO GOVERN
THE CONDITIONS UNDER WHICH CONTAINERS OF PESTICIDES MAY BE TRANS-
PORTED , STORED, OR DISPOSED OF ... TO GOVERN THE USE OF PESTICIDES,
INCLUDING THEIR FORMULATION, AND TO DETERMINE THE TIMES AND METHODS
OF APPLICATION AND OTHER CONDITIONS OF USE ... SUCH RULES ARE NOT
EFFECTIVE UNTIL APPROVED BY THE PESTICIDE REVIEW BOARD "
DISTRIBUTION AND SALE OF DDT PROHIBITED
(WIS. STAT., S 134.67, 1967)
PROHIBITS SALE OR USE OF DDT, EXCEPT UNDER CERTAIN SITUATIONS WHEN
AUTHORIZED BY THE PESTICIDE REVIEW BOARD.
WISCONSIN PESTICIDE LAW (REGISTRATION LAW)
(WIS. STAT., S 94.67 TO 94.71, 1967)
49
1975 WISCONSIN
-------
(WY-50-04-01)
WYOMING
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
"WYOMING ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1973"
(WYO. STAT. ANN., S 35-262.1 TO 35-262.23, SUPP. 1973)
UNLAWFUL TO USE RESTRICTED USE PESTICIDES UNLESS CERTIFIED AND
LICENSED BY THE COMMISSIONER OF AGRICULTURE.
PRIVATE APPLICATORS EXEMPT FROM "LICENSING" PROVISIONS OF THE ACT,
BUT MUST BE CERTIFIED TO USE RESTRICTED PESTICIDES.
COMMERCIAL APPLICATOR
PRIVATE APPLICATOR
"REGULATIONS MAY PRESCRIBE STANDARDS
FOR ... CLASSIFICATION ... CERTIFICATION ...
LICENSING ... FEES ... (APPLICATION) INFORMATION
... PASSING OF EXAMINATIONS ... ISSUE(ING)
LICENSES ... ON A RECIPROCAL BASIS (TO NON-
RESIDENTS WHO ARE CERTIFIED IN ANOTHER STATE
SUBSTANTIALLY IN ACCORDANCE WITH THIS ACT).
NON-RESIDENT REQUIRED TO APPOINT THE
COMMISSIONER AS HIS ATTORNEY TO RECEIVE
SERVICES OF LEGAL PROCESSES."
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
1975
50a
WYOMING
-------
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
RETAIN RECORDS
TWO YEARS
FURNISH COPIES OF RECORDS
CERTIFIED SUPERVISE
NON-CERTIFIED APPLICATORS
RECOGNIZE AND
ACCEPT GAP
INJUNCTIVE PROCEDURES
EXPERIMENTAL USE PERMITS
REGISTER SPECIAL LOCAL
NEED PESTICIDES
REQUIRE PURCHASE PERMITS NO POST TREATED AREAS
PESTICIDE BOARD: (BOARD OF CERTIFICATION TO ADOPT REGULATIONS)
YES
YES
YES
NO
YES
YES
YES
NO
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
"A BOARD OF CERTIFICATION IS ESTABLISHED CONSISTING OF THE COMMIS-
SIONER OF THE DEPARTMENT OF AGRICULTURE, AND A MEMBER OF THE WYOMING
WEED AND PEST COUNCIL AND A UNIVERSITY WEED OR PEST SPECIALIST TO BE
APPOINTED BY THE GOVERNOR."
1. APPLICATOR OR OPERATOR
A. CERTIFIED APPLICATOR
B. COMMERCIAL APPLICATOR
C. PRIVATE APPLICATOR
2. BOARD OF AGRICULTURE
3. DEVICE
4. PESTICIDE
5. RESTRICTED USE PESTICIDE
SURETY BOND IN THE AMOUNT OF $20,000 REQUIRED AS A PREREQUISITE TO
ISSUANCE OF LICENSE.
NONE.
VIOLATION OF ACT OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT
TO A FINE OF NOT MORE THAN $500 OR IMPRISONMENT IN A COUNTY JAIL
FOR NOT MORE THAN ONE YEAR, OR BOTH FINE AND IMPRISONMENT, FOR
FIRST OFFENSE. SUBSEQUENT OFFENSES SUBJECT TO A FINE OF $1,000,
OR NOT MORE THAN ONE YEAR IN A COUNTY JAIL, OR BOTH FINE AND
IMPRISONMENT. AN OFFENSE COMMITTED MORE THAN THREE YEARS AFTER
A PREVIOUS CONVICTION SHALL BE CONSIDERED A FIRST OFFENSE. IN-
JUNCTIVE REMEDIES MADE AVAILABLE UNDER THE ACT.
AERIAL SPRAYING
(WYO. STAT. ANN., S 10-4 TO 10-9, 1957)
REQUIRES ANNUAL REGISTRATION OF AERIAL APPLICATORS, KEEPING OF
CERTAIN RECORDS OF EACH APPLICATION, SPECIFIC SAFETY DEVICES ON
AIRCRAFT, AND RELATED SAFE PRACTICES.
WEED AND PEST CONTROL DISTRICTS
(WYO. STAT. ANN., S 11-55.1 TO 11.55.20, 1957)
1975
50b
WYOMING
-------
(PR-51-02-01)
PUERTO RICO
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
"AN ACT TO REGULATE THE COMMERCIAL APPLICATION OF INSECTICIDES
AND/OR ECONOMIC POISONS IN PUERTO RICO" (1966)
(P.R. LAWS ANN., TIT. 10, S 976 TO 976(N), SUPP. 1973)
UNLAWFUL TO ENGAGE IN THE APPLICATION OF PESTICIDES FOR PROFIT UN-
LESS LICENSED BY THE SECRETARY OF HEALTH. THIS ACT IS IN THE NATURE
OF A STRUCTURAL PEST CONTROL LAW AND RELATES ONLY TO PUBLIC HEALTH
PEST CONTROL.
PUBLIC OFFICERS ENGAGED IN FUMIGATION IN DISCHARGE OF OFFICIAL
DUTIES, AND OWNERS OR LEGAL HOLDERS, ENGAGED IN FUMIGATION TASKS
ON THEIR OWN LAND OR STRUCTURES.
PEST CONTROL OPERATOR
BE "OF AGE" AND IN "GOOD REPUTE" IN THE COMMUNITY.
FILED WITH THE DEPARTMENT OF HEALTH, ON FORM PROVIDED.
WRITTEN EXAMINATION MAY BE REQUIRED.
APPLICATION FEE
LICENSE
RENEWAL FEE
$ 5.00
15.00
10.00
LICENSE ISSUED BY THE SECRETARY UPON FINDING APPLICANT "... MEETS
THE REQUIREMENTS OF LAW." LICENSES EXPIRE 1 YEAR AFTER ISSUANCE.
RENEWABLE BY APPLICATION, ACCOMPANIED BY (1) CERTIFICATION THAT
PESTICIDES TO BE USED WILL BE ONLY THOSE REGISTERED BY THE DEPART-
MENT OF AGRICULTURE, (2) PROOF THAT ALL SUPERVISING EMPLOYEES HAVE
EXPERIENCE, ABILITY, AND SKILL IN APPLYING PESTICIDES, (3) PROOF OF
INSURANCE, AND (4) PAYMENT OF THE FEE FOR RENEWAL.
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
NO PROVISION FOR RECIPROCITY.
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS NO
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY
HEARINGS
SUBPOENA POWERS
INVESTIGATE DAMAGES
YES
NO
NO
1975
51a
PUERTO RICO
-------
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
NO
LICENSE DEALERS NO
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS NO
SECRETARY OF HEALTH IS AUTHORIZED TO APPOINT A FIVE-MEMBER ADVISORY
BOARD CONSISTING OF REPRESENTATIVES OF THE DEPARTMENTS OF HEALTH,
LABOR, AND AGRICULTURE, AND TWO LICENSED PESTICIDE APPLICATORS.
DEFINITIONS:
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWS:
1. ECONOMIC POISON
2. FOR PROFIT
3. PERSON
4. REGULATIONS
5. SECRETARY
NOT LESS THAN $50,000 FOR ONE PERSON, OR $100,000 FOR ONE OCCURRENCE.
NONE.
APPLICATION OF PESTICIDES BY PERSONS NOT AUTHORIZED BY SECRETARY IS
IS A MISDEMEANOR, SUBJECT TO A FINE OF NOT LESS THAN $LOO, NOR MORE
THAN $500 FOR FIRST OFFENSE; AND NOT LESS THAN $200, NOR MORE THAN
$1,000 FOR EACH SUBSEQUENT OFFENSE.
VIOLATION OF THE ACT OR REGULATIONS BY LICENSED APPLICATORS IS A
MISDEMEANOR SUBJECT TO A FINE OF NOT LESS THAN $100, NOR MORE THAN
$500 FOR FIRST OFFENSE; AND A FINE OF NOT LESS THAN $300, NOR MORE
THAN $2,000, FOR EACH SUBSEQUENT OFFENSE; AND/OR BY THE SUSPENSION
OF LICENSE.
"ECONOMIC POISON ACT"
(P.R. LAWS ANN., TIT. 5, S 1001 TO 1013, SUPP. 1973)
HERBICIDE USE AND APPLICATION LAW
(P.R. LAWS ANN., TIT. 5, S 1014 TO 1016, 1963)
"THE SECRETARIES OF AGRICULTURE AND OF HEALTH ARE HEREBY AUTHORIZED
AND EMPOWERED JOINTLY TO ADOPT, PROMULGATE, AND ENFORCE ... RULES
AND REGULATIONS ... FOR SAFEGUARDING THE HEALTH OF PERSONS ENGAGED
IN THE APPLICATION OR THE USE OF ... HERBICIDES ... VIOLATION OF
ANY RULE AND/OR REGULATION ... SHALL BE A MISDEMEANOR ..." REGULA-
TIONS HAVE BEEN ISSUED WHICH RELATE TO GOOD SAFETY PRACTICES, AND
THE PROTECTION OF PERSONS AND AGRICULTURAL CROPS."
1975
51b
PUERTO RICO
-------
(PR-51-04-01)
PUERTO RICO
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
CATEGORIES
QUALIFICATIONS
APPLICATION
EXAMINATION
FEES
ISSUANCE
RENEWAL
NONRESIDENTS
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION NO
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS NO
REQUIRE USE PERMITS NO
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL NO
APPLICATORS
"ECONOMIC POISON ACT"*
(P.R. LAWS ANN., TIT. 5, S 1001 TO 1013, SUPP. 1973)
UNLAWFUL TO ENGAGE IN THE BUSINESS OF COMMERCIALLY APPLYING ECONOMIC
POISONS IN FARMING, UNLESS LICENSED BY THE SECRETARY OF AGRICULTURE
AND COMMERCE.
NONE. (FARMERS ARE NOT CONSIDERED COMMERCIAL OR BUSINESS APPLICATORS)
COMMERCIAL FARM APPLICATORS
ABILITY TO READ AND WRITE, INTERPRET AND FOLLOW INSTRUCTIONS,
CAPACITY TO UNDERSTAND AND TAKE NECESSARY SAFETY PRECAUTIONS, AND
FREE OF PHYSICAL HANDICAPS AFFECTING FUNCTIONS OF APPLICATORS.
ON FORMS PROVIDED BY THE SECRETARY.
NONE.
LICENSES EXPIRE JUNE 30 ON ODD NUMBERED YEARS.
BY APPLICATION.
NO PROVISION FOR RECIPROCITY,
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES NO
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS NO
INVESTIGATE DAMAGES NO
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
*PORTIONS OF THE ACT WHICH RELATE TO THE REGISTRATION OF PESTICIDES ARE NOT INCLUDED IN THIS
DIGEST.
1975 51c PUERTO RICO
-------
CERTIFY PRIVATE NO
APPLICATORS
RECORDS OPEN FOR INSPECTION NO
WRITTEN RECOMMENDATIONS NO
FROM ADVISORS
SUBMIT AND MAINTAIN NO
STATE PLANS
RECIPROCITY NO
REQUIRE ACCIDENT REPORTING NO
ADOPT FEDERAL REGULATIONS NO
BY REFERENCE
REQUIRE PURCHASE PERMITS
PESTICIDE BOARD:
DEFINITIONS:
NO
RETAIN RECORDS NO
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES NO
EXPERIMENTAL USE PERMITS YES
REGISTER SPECIAL LOCAL YES
NEED PESTICIDES
POST TREATED AREAS NO
FINANCIAL
RESPONSIBILITY:
NO.
CLAW)
1. ADULTERATED
2. DEVICE
3. ECONOMIC POISON
4. INGREDIENT STATEMENT
5. LABEL
6. LABELING
7. MISBRANDED
8. PERSON
9. REGISTRATION
10. REGULATIONS
11. SECRETARY
(REGULATION)
1. ACT
2. ACTIVE INGREDIENT
3. ANTIDOTE
4. AUTHORIZED REPRESENTATIVE
5. DEFOLIANT
6. DEPARTMENT
7. ECONOMIC POISON
8. FUNGI
9. FUNGICIDE
10. HERBICIDE
11. IMPORTER
12. INERT INGREDIENT
13. INSECT
14. INSECTICIDE
15. LARVACIDE
16. NEMATOCIDE
17. OVICIDE
18. PERSON
19. PLANT REGULATORS
20. REGISTRANT
21. RODENT
22. RODENTICIDE
23. SECRETARY
24. TO REGISTER
25. WEED
SURETY BOND REQUIRED:
AIRPLANES OR HELICOPTORS
MOTORIZED GROUND EQUIPMENT
MANUAL, EQUIPMENT
DEDUCTIBLE CLAUSE
$ 40,000.00
30,000.00
20,000.00
NONE
PENALTIES:
CIVIL
CRIMINAL
NONE.
VIOLATION OF ACT OR REGULATION CONSTITUTES A MISDEMEANOR SUBJECT TO
A FINE OF NOT LESS THAN $100, NOR MORE THAN $500 FOR THE FIRST OF-
FENSE. SUBSEQUENT VIOLATION SUBJECT TO A FINE OF NOT LESS THAN $200
NOR MORE THAN $1,000, OR BY IMPRISONMENT FOR NOT LESS THAN 30 DAYS
NOR MORE THAN 6 MONTHS, OR BOTH FINE AND IMPRISONMENT. OFFENSES
COMMITTED 5 YEARS AFTER LAST CONVICTION, CONSIDERED A FIRST OFFENSE.
1975
51d
PUERTO RICO
-------
RELEVANT LAWS: "COMMERCIAL APPLICATION OF INSECTICIDES AND/OR ECONOMIC POISONS"
(P.R. LAWS ANN., TIT. 10, S 976 TO 976(N) J.966)
"HERBICIDE USE AND APPLICATION LAW"
(P.R. LAWS ANN, TIT. 5, S 1014 TO 1016, 1963)
1975 51e PUERTO RICO
-------
(Vl-52-02-01)
VIRGIN ISLANDS
TITLE:
PROHIBITED ACTS:
EXEMPTIONS:
CERTIFICATION
OR LICENSING:
"VIRGIN ISLANDS PESTICIDE CONTROL ACT"
TIT. 12 V. I. CODE, CHAPT. 19, S 801 TO 822
(BILL NO. 6703, ELEVENTH LEGISLATURE; ACT 3750, 1975)
UNLAWFUL TO PURCHASE POSSESS, OR USE ANY RESTRICTED USE PESTICIDE
UNLESS CERTIFIED BY THE COMMISSIONER OF THE DEPARTMENT OF CONSER-
VATION AND CULTURAL AFFAIRS UNDER PROVISIONS OF THE ACT.
NONE.
THE ACT AUTHORIZES THE COMMISSIONER TO ESTABLISH CATEGORIES AND SUB-
CATEGORIES, DETERMINE QUALIFICATION REQUIREMENTS, TO EXAMINE APPLI-
CANTS, TO ESTABLISH FEES, ISSUE LICENSES OR CERTIFICATES, AND TO
GRANT RECIPROCITY.
AUTHORIZATIONS:
ISSUE REGULATIONS YES
DELEGATE DUTIES YES
ENTER AND INSPECT PROPERTY YES
PUBLISH INFORMATION YES
REGULATE STORAGE, TRANSPORTA- YES
TION, OR DISPOSAL OF
PESTICIDES
INSPECT OR LICENSE YES
EQUIPMENT
ADMINISTER OATHS NO
PROVISION FOR REPORTS OF LOSS YES
REQUIRE USE PERMITS YES
DECLARE RESTRICTED USE YES
PESTICIDES
CATEGORIZE COMMERCIAL YES
APPLICATORS
CERTIFY PRIVATE YES
APPLICATORS
RECORDS OPEN FOR INSPECTION YES
WRITTEN RECOMMENDATIONS YES
FROM ADVISORS
SUBMIT AND MAINTAIN YES
STATE PLANS
RECIPROCITY YES
REQUIRE ACCIDENT REPORTING YES
ENFORCE THE ACT YES
RESTRICT PESTICIDE USAGE YES
ENTER COOPERATIVE AGREEMENTS YES
CONDUCT TRAINING COURSES YES
REQUIRE COMPLIANCE YES
WITH LABEL
HOLD DISCIPLINARY YES
HEARINGS
SUBPOENA POWERS YES
INVESTIGATE DAMAGES YES
LICENSE DEALERS YES
ESTABLISH CERTIFICATION YES
STANDARDS
CERTIFY COMMERCIAL YES
APPLICATORS
RETAIN RECORDS YES
TWO YEARS
FURNISH COPIES OF RECORDS YES
CERTIFIED SUPERVISE YES
NON-CERTIFIED APPLICATORS
RECOGNIZE AND NO
ACCEPT GAP
INJUNCTIVE PROCEDURES YES
EXPERIMENTAL USE PERMITS NO
1975
52a
VIRGIN ISLANDS
-------
ADOPT FEDERAL REGULATIONS
BY REFERENCE
NO
REQUIRE PURCHASE PERMITS YES
PESTICIDE BOARD: NONE.
REGISTER SPECIAL LOCAL NO
NEED PESTICIDES
POST TREATED AREAS YES
DEFINITIONS:
1. ACCIDENT 10.
2. AGRICULTURAL COMMODITY 11.
3. APPLICATOR CERTIFICATE 12.
4. CERTIFIED APPLICATOR 13.
5. COMMERCIAL APPLICATOR 14.
6. COMMISSIONER 15.
7. ENVIRONMENT 16.
8. EQUIPMENT
9. LAND 17.
PERSON
PEST
PESTICIDE
PRIVATE APPLICATOR
RESTRICTED USE PESTICIDE
STATE
UNREASONABLE ADVERSE EFFECTS
ON THE ENVIRONMENT
WEED
FINANCIAL
RESPONSIBILITY:
PENALTIES:
CIVIL
CRIMINAL
RELEVANT LAWSs
TO BE ESTABLISHED BY REGULATION; SURETY BOND OR LIABILITY INSURANCE,
NOT LESS THAN $50,000.
NONE.
VIOLATION OF LAW OR REGULATIONS CONSTITUTES A MISDEMEANOR SUBJECT TO
A FINE OF NOT LESS THAN $50, NOR MORE THAN $200, OR BY IMPRISONMENT
NOT EXCEEDING ONE YEAR, OR BOTH FINE AND IMPRISONMENT, FOR THE FIRST
OFFENSE. VIOLATION FOLLOWING ISSUANCE OF WRITTEN NOTICE FROM COM-
MISSIONER SHALL SUBJECT VIOLATOR TO A MAXIMUM FINE OF $500; BUT A
VIOLATION THREE YEARS AFTER RECEIPT OF WRITTEN NOTICE SHALL BE A
FIRST OFFENSE AND HANDLED AS A MISDEMEANOR.
NONE.
1975
52b
VIRGIN ISLANDS
-------
(AS-53-00-00)
AMERICAN SAMOA
TITLE:
SELECTED
SECTIONS:
DEFINITIONS:
ECONOMIC POISONS
(CODE AMER. SAMOA, TIT. XX, S 20.0801 ET SEQ.)
(20.0803) "THE DIRECTOR OF AGRICULTURE MAY:
"(A) BAN THE IMPORTATION OF SUCH FUNGICIDES, HERBICIDES AND INSECTI-
CIDES IN ADDITION TO DDT, AS HE SHALL FIND TO CONSTITUTE A DANGER TO
PEOPLE, ANIMALS OR CROPS
(B) SETS FORTH REQUIREMENTS FOR THE LABELING OF FUNGICIDES, HERBI-
CIDES, AND INSECTICIDE CONTAINERS SO THAT THE USERS OF THESE PRODUCTS
MAY BE INFORMED OF THEIR PROPER USE, OF ANY DANGERS IN CASE OF MISUSE,
AND OF THE METHODS FOR IMMEDIATE TREATMENT OF PERSONS HARMED THROUGH
MISUSE.
(C) REQUIRES THAT FUNGICIDE, HERBICIDE, OR INSECTICIDE VENDORS
PERSONALLY INFORM PURCHASERS OF THESE PRODUCTS OF THEIR PROPER USE
AND DANGEROUS POTENTIAL PRIOR TO SALE."
(20.0804) "AGE RESTRICTIONS. SALE OF ANY FUNGICIDE, HERBICIDE OR
INSECTICIDE TO PERSONS UNDER THE AGE OF EIGHTEEN (18) IS PROHIBITED."
(20.0801)
1. FUNGICIDE
2. HERBICIDE
3. INSECTICIDE
1975
53
AMERICAN SAMOA
-------
(DC-54-00-00)
DISTRICT OF COLUMBIA
TITLE: NO PESTICIDE USE AND APPLICATION LAW
54
1975 DISTRICT OF COLUMBIA
-------
(GU-55-00-00)
GUAM
TITLE: NO PESTICIDE USE AND APPLICATION LAW
RELEVANT LAWS: ECONOMIC POISON LAW
55
1975 GUAM
-------
(TP-56-00-00)
TRUST TERRITORIES OF THE PACIFIC
TITLE: NO PESTICIDE USE AND APPLICATION LAW
56
1975 TRUST TERRITORIES OF THE PACIFIC
-------
STATE PESTICIDE CONTROL LAWS
ALABAMA
"ALABAMA PESTICIDE ACT OF 1971" (REGISTRATION LAW)
(CODE OF ALA., TIT. 2, S 337(9A) to 337(9N), SUPP. 1973)
CUSTOM APPLICATION OF PESTICIDES
(CODE OF ALA., TIT. 2, S 337(12A) TO 337(12N), SUPP. 1973)
REQUIREMENTS FOR PERSONS PERMORMING PROFESSIONAL WORK OR SERVICES
PERTAINING TO ENTOMOLOGY, PATHOLOGY, HORTICULTURE, FLORICULTURE,
AND TREE SURGERY
(CODE OF ALA., TIT. 2, S 671 to 677, SUPP. 1973)
ALASKA
ENVIRONMENTAL CONSERVATION (PESTICIDE CONTROL)
(ALASKA STAT., S 46.03.320 TO 46.03.730, 1971)
(NOTE: THIS ACT IS A COMPREHENSIVE LAW RELATING TO ALL PHASES OF
ENVIRONMENTAL PROTECTION INCLUDING REGULATION OF PESTICIDES.)
ARIZONA
"ARIZONA PESTICIDES ACT" (REGISTRATION LAW)
(A.R.S., TIT. 3-341 TO 3-357, SUPP. 1974-1975)
"ARIZONA PESTICIDE USE AND APPLICATION ACT"
(A.R.S., TIT. 3-371 TO 3-390, SUPP. 1974-1975)
STRUCTURAL PEST CONTROL
(A.R.S., TIT. 32-2301 TO 32-2325, SUPP. 1974-1975)
ARKANSAS
"ARKANSAS PESTICIDE CONTROL ACT" (REGISTRATION LAW)
(SESSION LAWS, 1975, PAGE 417; ACT 410, 1975, SENATE BILL 423)
"ARKANSAS PESTICIDE USE AND APPLICATION ACT"
(SESSION LAWS, 1975, PAGE 389; ACT 389, 1975; SENATE BILL 407)
"ARKANSAS PEST CONTROL LAW" (STRUCTURAL)
(SESSION LAWS, 1975, PAGE 571; ACT 488, 1975, SENATE BILL 413)
CALIFORNIA
ECONOMIC POISONS (REGISTRATION LAW)
(CAL. AGRIC. CODE, S 12751 TO 12994, SUPP. 1975)
RESTRISTRICTED MATERIALS LAW (2,4-D, 1080, THALLIUM, ETC.)
(CAL. AGRIC. CODE, S 14001 TO 14104, SUPP. 1975)
CALIFORNIA AGRICULTURAL CODE
(CAL. FOOD AND AGRIC. CODE, S 11401 to 12121, SUPP. 1975)
STRUCTURAL PEST CONTROL ACT
(CAL. BUS. & PROF. CODE, S 8500 TO 8697.6, WEST SUPP. 1975)
PESTICIDE POISONING
(WEST'S ANN. HEALTH & SAFETY CODE, S 2950, 1970)
-------
COLORADO
"THE PESTICIDE ACT" (REGISTRATION LAW)
(COLO. REV. STAT, ANN., S 6-12-1 TO 6-12-17, 19XX)
"COMMERCIAL PESTICIDE APPLICATOR'S ACT"
(COLO. REV. STAT. ANN., S 6-14-1 TO 6-14-22, 19XX)
"STRUCTURAL PEST CONTROL ACT"
(COLO. REV. STAT. ANN., S 6-18-1 TO 6-18-19, 19XX)
CONNECTICUT
CONNECTICUT PESTICIDE CONTROL ACT
(GEN. STAT. CONN., S 22A 46 TO 22A 66, 1975)
DELAWARE
CHAPTER 12. PESTICIDES
(DELAWARE CODE, TIT. 3, S 1201 TO 1219, SUPP. 1972)
FLORIDA
"FLORIDA PESTICIDE LAW" (REGISTRATION LAW)
(FLA. STAT. ANN., S 487.011 TO 487.14, SUPP. 1974)
"FLORIDA PESTICIDE APPLICATION ACT OF 1974"
(FLA. STAT. ANN., S 487.151 TO 487.169, SUPP. 1974)
"PEST CONTROL ACT" (STRUCTURAL)
(FLA. STAT. ANN., S 482.001 TO 482.25, SUPP. 1974)
GEORGIA
"GEORGIA ECONOMIC POISON ACT"
(GA. CODE ANN., S 5-1502 TO 5-1516, 1970)
"GEORGIA PESTICIDE USE AND APPLICATION ACT"
(GA. CODE ANN., S 5-1501A TO 5-1523A, 1975)
"STRUCTURAL PEST CONTROL ACT"
(GA. CODE ANN., S 84-3401 TO 84-3423, 1970)
HAWAII
PEST CONTROL OPERATORS (STRUCTURAL)
(HAWAII REV. LAWS, S 460J-1 TO 460J-27, SUPP. 1974)
"HAWAII PESTICIDES LAW"
(HAWAII REV. LAWS, S 149A-1 TO 149A-53, SUPP. 1974)
IDAHO
"PESTICIDE LAW" (REGISTRATION LAW)
(IDAHO CODE, S 22-3401 TO 22-3416, SUPP. 1973)
"PESTICIDE USE AND APPLICATION LAW"
(IDAHO CODE, S 22-2208 TO 22-2223, SUPP. 1973)
ILLINOIS
"ECONOMIC POISON LAW" (REGISTRATION LAW)
(ILL. ANN. STAT., CH. 5 S 87(C)(1) TO 87(C)(13), SUPP. 1975-1976)
-------
ILLINOIS
(con't)
CUSTOM APPLICATION OF PESTICIDES
(ILL. ANN. STAT., CH. 5 S 87(D)(1) TO 87(D)(17), SUPP. 1975-1976)
USE AND APPLICATION OF 2,4-D AND RELATED HERBICIDES
(ILL. ANN. STAT., CH. 5, S 87(A)(1) TO 87(A)(8), 1966)
"STRUCTURAL PEST CONTROL ACT"
(SESSION LAWS 1975, P. 717; PUBLIC ACT 79-578)
"PESTICIDES CONTROL LAW"
(ILL. ANN. STAT., CH. 5, S 256 TO 267, 1969)
INDIANA
PESTICIDES (REGISTRATION LAW)
(BURNS IND. STAT. ANN., CODE EDITION 15-3-3.5-1 TO 15-3-3.5-36, 1974)
INDIANA PESTICIDE USE AND APPLICATION LAW
(BURNS IND. STAT. ANN., CODE EDITION 15-3-3.6-1 TO 15-3-3.6-26, 19XX)
IOWA
"PESTICIDE ACT OF IOWA"
(IOWA CODE ANN., S 206.1 TO 2022, SUPP. 1975-1976)
CHEMICAL TECHNOLOGY COMMISSION
(IOWA CODE ANN., S 1119.101 TO 1119.106, SUPP. 1971)
KANSAS
"KANSAS AGRICULTURAL CHEMICAL ACT OF 1947"
(KAN. STAT. ANN., S 2-2201 ET SEQ., 1964)
"KANSAS PESTICIDE USE LAW"
(KAN. STAT. ANN., S 2-2413 TO 2-2437, SUPP. 1974)
"KANSAS PEST CONTROL ACT"
(KAN. STAT. ANN., S 2-2401 TO 2-2412, SUPP. 1973)
KENTUCKY
"KENTUCKY PESTICIDE CONTROL ACT OF 1974" (REGISTRATION LAW)
(KY. REV. STAT., S 217.540 TO 217.640, 1974 CUM ISSUE)
"KENTUCKY PESTICIDE USE AND APPLICATION ACT OF 1972"
(KY. REV. STAT., S 217B.010 TO 217B.990, 1974 CUM ISSUE)
KENTUCKY TERMITE AND PEST CONTROL INDUSTRY LAW
(KY. REV. STAT., S 249.250 TO 249.340, 1974 CUM ISSUE)
KENTUCKY DEPARTMENT OF AERONAUTICS KAV-5
"AERIAL APPLICATORS"
LOUISIANA
REGISTRATION LAW
(LA. REV. STAT., S 3-1601 TO 3-1609, 1975)
LOUISIANA PESTICIDE CONTROL ACT
(LA. REV. STAT., S 3-1621 TO 3-1642, 19XX)
(SESSION LAWS, 1975, PAGE 574; ACT 778, 1975; HOUSE BILL 1631)
-------
LOUISIANA
(con't)
"STRUCTURAL PEST CONTROL LAW"
(LA. REV. STAT., S 40-1261 TO 40-1274, 1975)
LOUISIANA HORTICULTURE LAWS
(LA. REV. STAT., S 37-1961 TO 37-1975, 1964)
MAINE
MAINE PESTICIDE CONTROL ACT OF 1975 (REGISTRATION LAW)
(SESSION LAWS 1975, PAGE 469, CH. 382, HOUSE BILL 653)
BOARD OF PESTICIDES CONTROL
(ME. REV. STAT. ANN., TIT. 22, S 1471A TO 1471M, SUPP. 1975)
MARYLAND
"MARYLAND PESTICIDE REGISTRATION AND LABELING LAW"
(MD. AGRI. CODE ANN., S 5-101 TO 5-114, 1974)
MARYLAND PESTICIDE APPLICATORS LAW
(MD. AGRI. CODE ANN., S 5-201 TO 5-211, SUPP. 1975)
MASSACHUSETTS
PESTICIDES LAW (REGISTRATION LAW)
(MASS. ANN. LAWS, CH. 94B, S 11 TO 21, SUPP. 1975)
PESTICIDE BOARD - APPLICATION OF PESTICIDES
(MASS. ANN. LAWS, CH. 94B, S 21A TO 22, SUPP. 1975)
MICHIGAN
"INSECTICIDE FUNGICIDE AND RODENTICIDE ACT OF 1949" (REGISTRATION LAW)
(MICH. STAT. ANN., S 12-352(1) TO 12-352(13), 1973)
PESTICIDE APPLICATOR'S LAW
(MICH. STAT. ANN., S 12.353(1) TO 12.353(10), 1973)
MICHIGAN 2,4-D ACT
(MICH. STAT. ANN., 12.366, 1967)
MINNESOTA
MINNESOTA ECONOMIC POISONS AND DEVICES LAW (REGISTRATION LAW)
(MINN. STAT., S 24.069 TO 24.077, 1971)
MINNESOTA SPRAYING AND DUSTING LAW
(MINN. STAT., S 18.031 TO 18.036, 1971)
STRUCTURAL PEST CONTROL
(MINN. STAT., S ISA.01 TO ISA.11, 1971)
MISSISSIPPI
"MISSISSIPPI PESTICIDE LAW OF 1975" (REGISTRATION LAW)
(SESSION LAWS, 1975; CHAPT. 319, PAGE 65)
APPLICATION OF HORMONE-TYPE HERBICIDES BY AIRCRAFT
(MISS. CODE ANN., S 69.21 TO 69.21-27, 1972)
"MISSISSIPPI PEST CONTROL LAW" (PROFESSIONAL SERVICES)
(MISS. CODE ANN., S 69-19-1 TO 69-19-11, SUPP. 1974)
-------
MISSISSIPPI
(con't)
"MISSISSIPPI PESTICIDE APPLICATION ACT OF 1975"
(SESSION LAWS, 1975; CHAPT. 318, PAGE 83)
"AGRICULTURAL AVIATION LICENSING ACT OF 1966"
(MISS. CODE ANN., S 69-21-101 TO 69-21-125, 1972)
MISSOURI
"MISSOURI ECONOMIC POISON LAW OF 1955"
(MO. REV. STAT., S 263.270 TO 263.380, 19XX)
"MISSOURI PESTICIDE ACT OF 1974"
(SESSION LAWS, 1974, PAGE 137; SENATE BILL NO. 431)
MONTANA
"MONTANA PESTICIDES ACT"
(MONT. REV. CODES ANN., S 27-213 TO 27-245, SUPP. 1974)
NEBRASKA
ECONOMIC POISON DEVICES LAW
(REV. STAT. NEBR., S 2-2601 TO 2-2611, SUPP. 1974)
AERONAUTICS (AERIAL APPLICATORS LAW)
(REISSUE REV. STAT. NEBR., S 3-128, 1962)
NEVADA
"NEVADA PESTICIDES ACT" (REGISTRATION LAW)
(NEV. REV. STAT., S 586.010 TO 586.450, 1965)
CUSTOM APPLICATION OF PESTICIDES
(NEV. REV. STAT., S 555.260 TO 555.460, 1974)
NEW HAMPSHIRE
ECONOMIC POISON LAW (REGISTRATION LAW)
(N. H. REV. STAT. ANN., S 438.1 TO 438.17, SUPP. 1974)
PESTICIDES CONTROL LAW
(N. H. REV. STAT. ANN., S 149D.1 TO 149D.11, SUPP. 1975)
NEW JERSEY
"NEW JERSEY ECONOMIC POISON ACT OF 1951"
(N. J. STAT. ANN., S 4:8A-1 TO 4:8A-27, 1973)
"PESTICIDE CONTROL ACT OF 1971"
(N. J. STAT. ANN., S 13:1F-1 TO 13:1F-14, SUPP. 1975-1976)
NEW MEXICO
"PESTICIDE CONTROL ACT"
(N. M. STAT. ANN., S 45.21-1 TO 45.25-39, SUPP. 1975)
NEW YORK
ECONOMIC POISON LAW (REGISTRATION LAW)
(N. Y. ENVIR. CON. LAW, S 33-0101 TO 33-0721 AND S 33-1301 TO 33-1503, 1973)
CUSTOM APPLICATION OF PESTICIDES
(N. Y. ENVIR. CON. LAW, S 33-0901 TO 33-0905, SUPP. 1974)
-------
NEW YORK
(con't)
PESTICIDES (HERBICIDES) IN GRAPE VINEYARDS (PROTECTION OF GRAPE GROWING AREAS
(N. Y. ENVIR. CON. LAW, S 33-1101 TO 33-1105, 1973)
NORTH CAROLINA
"STRUCTURAL PEST CONTROL ACT OF NORTH CAROLINA OF 1955"
(N. C- GEN. STAT., S 106-65.22 TO 106-65.36, SUPP. 1973)
"NORTH CAROLINA PESTICIDE LAW OF 1971"
(N. C. GEN. STAT., S 143.434 TO 143.470, 1974)
NORTH DAKOTA
"INSECTICIDE FUNGICIDE AND RODENTICIDE ACT OF 1947" (REGISTRATION LAW)
(N. D. CENT. CODE, S 19-18-01 TO 19-18-11, 1971)
"NORTH DAKOTA PESTICIDE ACT OF 1975"
(N. D. CENT. CODE, S 4-35-01 TO 4-35-28, SUPP. 1975)
AERIAL SPRAYING (SPRAYING, DUSTING, FERTILIZING AND INSECT CONTROL)
(N. D. CENT. CODE, S 2-05-18, SUPP. 1973)
OHIO
ECONOMIC POISON LAW (REGISTRATION LAW)
(OHIO REV. CODE, S 921.11 TO 921.16, SUPP. 1974)
PESTICIDE USE AND APPLICATION ACT
(OHIO REV. CODE, S 921.41 TO 921.53, SUPP. 1974)
CONTROL MEASURES FOR HERBICIDES
(OHIO REV. CODE, S 921.06 TO 921.07, 1954)
OKLAHOMA
OKLAHOMA PESTICIDE LAW (REGISTRATION LAW)
(OKLA. STAT. TIT. 2, S 3-61 TO 3-70, 1971)
"OKLAHOMA PESTICIDE APPLICATORS LAW"
(OKLA. STAT. TIT. 2, S 3-81 TO 3-88, 1971)
OKLAHOMA PHENOXY HERBICIDE LAW
(OKLA. STAT. TIT. 2, S 3-251 TO 3-259, 1971)
"STRUCTURAL PEST CONTROL ACT"
(OKLA. STAT. TIT. 2, S 3-171 TO 3-180, 1971)
ORNAMENTAL SPRAYING AND PRUNING LAW
(OKLA. STAT. TIT. 2, S 3-271 TO 3-279, 1971)
WOOD PRESERVATIVE LAW
(OKLA. STAT. TIT. 2, S 2-301 TO 2-309, 1971)
OREGON
"STATE PESTICIDE CONTROL ACT"
(ORE. REV. STAT., S 634.006 TO 634.992, SUPP. 1974)
PENNSYLVANIA
"PENNSYLVANIA PESTICIDE CONTROL ACT OF 1973"
(PA. STAT. ANN., TIT. 3, S 111.21 TO 111.61, SUPP. 1975-1976)
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PENNSYLVANIA
(con't)
PENNSYLVANIA GRADE HERBICIDE ACT (1965)
(PA. STAT. ANN. TIT. 3, S 214.51 ET SEQ., 1963)
RHODE ISLAND
ECONOMIC POISON LAW (REGISTRATION LAW)
(R. I. GEN. LAWS ANN., S 23-41-1 TO 23-41-12, SUPP. 1974)
"THE RHODE ISLAND PESTICIDE CONTROL LAW" (1970)
(R. I. GEN. LAWS ANN., S 23-41.1-1 TO 23-41.1-25, SUPP. 1974)
SOUTH CAROLINA
"SOUTH CAROLINA PESTICIDE CONTROL ACT" (1975)
(SESSION LAWS, 1975, PAGE 221; RATIFICATION NO. 299; S.B. 54)
SOUTH DAKOTA
"INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OF 1947" (REGISTRATION LAW)
(S. D. CODE S 39.19.01 TO 39.19.52, 1960)
AN ACT RELATING TO THE USE OF PESTICIDES
(S. D. CODE S 38.21.14 TO 38.21.55, 1974)
TENNESSEE
"TENNESSEE INSECTICIDE, FUNGICIDE, AND RODENTICIDE LAW" (1951)
(TENN. CODE ANN., S 43-701 TO 43-713, 1974)
"TENNESSEE PEST CONTROL OPERATORS ACT OF 1972"
(TENN. CODE ANN., S 62.2101 TO 62.2123, SUPP. 1974)
LICENSING REQUIREMENTS FOR COMMERCIAL AERIAL APPLICATORS
(TENN. CODE ANN., S 43.2901 TO 43.2909, SUPP. 1974)
TEXAS
"TEXAS PESTICIDE CONTROL ACT"
(SESSION LAWS, 1975, PAGE 1117; SENATE BILL 616, 1975)
TEXAS HERBICIDE LAW
(TEX. REV. CIV. STAT. ANN., ART. 135B-4, SUPP. 1974)
"TEXAS STRUCTURAL PEST CONTROL ACT" (1971)
(TEX. REV. CIV. STAT. ANN., ART. 135B-6, SUPP. 1974)
UTAH
"INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT OF 1951" (REGISTRATION LAW)
(UTAH CODE ANN., S 4-4-1 TO 4-4-13, 1971)
"ECONOMIC POISON APPLICATION ACT OF 1951"
(UTAH CODE ANN., S 4-4-14 TO 4-4-29, 1971)
"UTAH PESTICIDE CONTROL ACT"
(UTAH CODE ANN., S 4-4-30 TO 4-4-40, 1971)
VERMONT
PESTICIDE REGISTRATION ACT (REGISTRATION LAW)
(VT. STAT. ANN., TIT. 6, S 911 TO 928, 1972)
CONTROL OF PESTICIDES
(VT. STAT. ANN., TIT. 6, S 1101 TO 1109, SUPP. 1975)
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VIRGINIA
"VIRGINIA PESTICIDE LAW" (REGISTRATION LAW)
(VA. CODE ANN., S 3.1-189 TO 3.1-249, 1973)
"VIRGINIA PESTICIDE USE AND APPLICATION ACT OF 1975"
(VA. CODE ANN., S 3.1-249.1 TO 3.1-249.21, SUPP. 1975)
WASHINGTON
"WASHINGTON PESTICIDE CONTROL ACT" (REGISTRATION LAW)
(WASH. REV. CODE, S 15.58.010 TO 15.58.930, SUPP. 1974)
"WASHINGTON PESTICIDE APPLICATION ACT"
(WASH. REV. CODE, S 17.21,010 TO 17.21.931, SUPP. 1974)
WEST VIRGINIA
"PESTICIDE ACT OF 1961" (REGISTRATION LAW)
(W. WA. CODE ANN., S 19-16A, 1-13, 1966)
"THE WEST VIRGINIA PESTICIDE USE AND APPLICATION ACT OF 1975"
(W. VA. CODE ANN., S 19-16B-1 TO 19-16B-26, SUPP. 19XX)
"THE INTERAGENCY PESTICIDE COMMITTEE ACT"
(W. VA. CODE ANN., S 19-12C, 1-7, 1966)
WISCONSIN
PESTICIDE REVIEW BOARD
(WIS. STAT., S 15.195, 1967)
WYOMING
"WYOMING ENVIRONMENTAL PESTICIDE CONTROL ACT OF 1973"
(WYO. STAT. ANN., S 35-262.1 TO 35-262.23, SUPP. 1973)
AERIAL SPRAYING
(WYO. STAT. ANN., S 10-4 TO 10-9, 1957)
PUERTO RICO
"ECONOMIC POISON ACT"
(P. R. LAWS ANN., TIT. 5, S 1001 TO 1013, SUPP. 1973)
HERBICIDE USE AND APPLICATION LAW
(P. R. LAWS ANN., TIT. 5, S 1014 TO 1016, 1963)
"AN ACT TO REGULATE THE COMMERCIAL APPLICATION OF INSECTICIDES AND/OR ECONOMIC
POISONS IN PUERTO RICO" (1966)
(P. R. LAWS ANN., TIT. 10, S 976 TO 976(N), SUPP. 1973)
VIRGIN ISLANDS
"VIRGIN ISLANDS PESTICIDE CONTROL ACT"
(TIT. 12, V. I. CODE, CHAPT. 19, S 801 TO 822)
(BILL NO. 6703, ELEVENTH LEGISLATURE; ACT 3750, 1975)
AMERICAN SAMOA
ECONOMIC POISONS
(CODE AMER. SAMOA, TIT. XX, S 20.0801 ET SEQ.)
GUAM
ECONOMIC POISON LAW
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EXPLANATION OF DIGEST FORMAT
TITLE
THE MAJORITY OF PESTICIDE LAWS CONTAIN A TITLE IN THE TEXT OF THE STATUTE, IN WHICH
CASE THE TITLE IS ENCLOSED IN QUOTATION MARKS.
THE CODE CITATION IS GIVEN WHEN AVAILABLE, BUT IN MANY CASES LAWS ENACTED DURING 1975
HAVE NOT AS YET BEEN CODIFIED, I.E., THEY REMAIN AS SESSION LAWS.
PROHIBITED ACTS
ONLY THE PRINCIPAL PURPOSE OF THE ACT IS INCLUDED, THERE ARE MANY OTHER PROHIBITED ACTS
IN STATUTES AND REGULATIONS. IN REVIEWING THE LAWS AN ATTEMPT WAS MADE TO DETERMINE IF
THE STATE ACT REQUIRED LICENSING OR CERTIFICATION OF PERSONS WHO USE RESTRICTED PESTI-
CIDES.
EXEMPTIONS
DETERMINE WHETHER OR NOT PERSONS WERE EXEMPT FROM CERTIFICATION WHEN USING RESTRICTED
PESTICIDES.
LICENSING
OR CERTIFICATION
INTENDED TO BRING OUT SOME DETAIL IN THIS AREA. IN A NUMBER OF JURISDICTIONS THE
CATEGORIES OF APPLICATORS ARE ESTABLISHED BY REGULATION AND THE TERMS HAVE BEEN IN USE
FOR MANY YEARS. FIFRA AND FEDERAL REGULATIONS ARE, AND WILL REQUIRE, NEW CATEGORIES
AND SUB-CATEGORIES.
AUTHORIZATIONS
IN SOME CASES THE AUTHORITIES WHICH STATE PESTICIDE CONTROL OFFICIALS EXERCISE MAY BE
FOUND IN REGULATIONS AND ARE INCLUDED, OTHERS MAY STEM FROM ATTORNEY GENERAL OPINIONS,
CASE LAW, OR BY IMPLICATION OR INTERPRETATION.
FINANCIAL RESPONSIBILITY
DEFINITIONS
TERMS DEFINED IN LAW ARE VERY OFTEN THE KEY ELEMENTS IN PROPER INTERPRETATION, AND A
REVIEW OF THE TERMS WILL GIVE A GOOD PICTURE OF THE SCOPE OF THE LAW, E.G., WHERE THE
TERM "RESTRICTED USE PESTICIDE" IS INCLUDED IN THIS SECTION, IT CAN BE ASSUMED THAT
THEY ARE REGULATED IN SOME MANNER.
PESTICIDE BOARD
INCLUDED INFORMATION AS TO THE EXISTENCE AND AUTHORITIES OF APPOINTED PERSONS WHO
EXCERCISE SOME INFLUENCE, EITHER STRONG OR WEAK, OVER PESTICIDE USAGE.
PENALTIES
CIVIL/CRIMINAL - FOR THE PURPOSE OF THIS SECTION A CIVIL PENALTY IS CONSIDERED TO BE
ONE WHICH IS IMPOSED BY AN INDIVIDUAL IN THE EXECUTIVE BRANCH OF GOVERNMENT, AUTHORIZED
TO DO SO BY THE LEGISLATURE; WHILE A CRIMINAL PENALTY IS CONSIDERED TO BE ONE LEVIED BY
A COURT OF LAW WITHIN THE JUDICIAL BRANCH OF GOVERNMENT, AS PROVIDED BY STATUTE.
RELEVANT LAWS
STATE STATUTES RELATING, OR HAVING RELEVANCY TO PESTICIDES.
THE WORD "OR" HAS BEEN USED TO MEAN BOTH "AND" AS WELL AS "OR"; AS A NUMBER OF COURTS
HAVE HELD. A WISCONSIN COURT HAS SAID THE TERM "AND/OR" IS AN ABOMINATION, AND THE
WORD "OR" IS SUFFICIENT.
OU.S. GOVERNMENT PRINTING OFFICE: 1976-740-638/4215
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