ANALYZING
PESTICIDE LEGISLATION
DIGEST OF
STATE
STRUCTURAL PEST CONTROL
LAWS
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Pesticide Programs
OPERATIONS DIVISION
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G.U I D E _FOR AilALYZUlG
PESTICIDE LEGISLATION
DIGEST OF
STATE
STRUCTURAL PEST CONTROL
L A U S
ENVIRONMENTAL PROTECTION AGENCY
Office of Pesticide Programs
Operations Division
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NCIC/OTS CHEMICAL LIBRARY
401 .M ST., S.W., TS-793
WASHINGTON, D.C. 20460
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INTRODUCTION
A guide for analyzing pesticide legislation was first published in 1971 as a "Digest of
State Pesticide Use and Application Laws" and was updated two years later. That digest did
not include structural pest control acts and the purpose of this publication is to present
a summary of those state statutes which relate only to this subject. It is prepared in the
same format as the original and may be incoporated in the loose-leaf edition, since each
state act is printed separately and numbered in sequence with previous digests.
It should not be assumed that the 15 states which have separate statutes relating to struc-
tural pest control are the only ones regulating such activities, since a number of states
examine and license structural pest control operators under their broad use and application
laws. In such cases, structural pest control is just one of several other categories of
licenses issued.
Generally the structural pest control acts are administered by Boards, either in, or closely
associated with department/3 of agriculture, but there are notable exceptions. In all in-
stances there is a good representation from the entomological profession. Usually the acts
cover three primary areas of pest control, e.g. (1) fumigation, (2) termites (wood destroy-
ing organisms) and (3) general, including rodents.
Compared to other existing laws, the structural pest control acts generally require higher
degrees of competency, skill, and education or training, and regulations issued under their
authority are quite specific in restricting the use of certain pesticides, particularly the
highly toxic rodenticides. Interestingly, some of the earlier acts do not require licensed
operators to furnish proof of financial responsibility, although they are required to enter
into written contracts with their clients and the contracts are carefully reviewed by re-
sponsible state officials.
In some instances, information in this digest is abstracted from regulations without cita-
tion to source (e.g. the Florida digest includes information required by Ch. 10D-55 Fla.
Adm. Code).
A standard format has been used in this digest to permit comparative studies of state laws,
but the terms used in the various laws may not be identical with those used in this publi-
cation.
Emerson R. Baker, J. D.
Consultant
October 1974
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CONTENTS
Alabama If
Arizona 3d
Arkansas 4c
California 5e
Colorado 6d
Florida 9a
Georgia lOc
Hawaii lid
Kansas .- 16d
Kentucky 17d
Louisiana 18d
Minnesota 23d
North Carolina 33g
Oklahoma 36d
Texas 43b
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ALABAMA.
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
nonresidents
Financial
responsibility
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
No provision for reciprocity.
Subterranean termite eradication and control:
performance bond (honesty and skillful workmanship)
insurance policy (protecting structures being treated)
$ 10.00
25.00
50.00
25.00
10.00
50%
10%
$ 2,500.00
5,000.00
1974
If
Alabama
-------
Authority granted to;
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes (with the approval of the State Board of Agriculture and
Industries).
Yes.
Implied.
Not specified in act (see Code of Ala., tit. 2, s 337).
Yes (structural pest control work).
Yes.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act.
Not specified in act (implied).
Yes.
Not specified in act.
Not specified in act.
Not specified in act (see Code of Ala., tit. 2, s 337 et seq.),
"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."
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
1974
Alabama
-------
Penalties 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.
Relevant laws Custom Application of Pesticides
[Code of Ala., tit. 2, s 337(12a) to 337(12n), (Supp. 1973)]
"Alabama Pesticide Act of 1971"
[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)]
1974' ih Alabama
-------
ARIZONA
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
enforce the act
Structural Pest Control Law
[A.R.S., tit. 32-2301 to 32-2325 (Supp. 1973-1974)]
Unlawful to engage in the business of structural pest control unless
licensed by the Structural Pest Control Board.
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.
(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 E - weed control
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
(regulations)
examination for license
license
annual renewal
annual renewal (inactive)
Delinquent fees 100% of above.
$ 100.00
50.00
100.00
100.00
25.00
Calendar year. Renewal fees due December 1; delinquent after
December 31. Licenses not renewed by February 1, considered lapsed.
No provision for reciprocity.
A deposit of money, certified check, liability insurance, or surety
bond, not less than $25,000 for property damage, and like amount for
public liability.
Yes.
Yes.
1974
3d
Arizona
-------
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Definitions
Yes.
Yes.
Not specified in act (implied),
Yes.
Not specified in act.
Yes.
Not specified in act.
Yes.
Yes.
Not specified in act.
Yes.
Not specified in act (implied)
No (see A.R.S. 3-371).
"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 two 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)
1. Board
2. household
pests
(regulation)
1. Board
2. business entity
3. contract
4. control
5. device
6. fog or fogging
7. fumigant
8. fumigation
9. general pests
10. law
11. license
12. licensee
13. pesticide
14. weed
15. wood destroying pests
1974
3e
Arizona
-------
Penalties 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.
Relevant laws "Arizona Pesticide Use and Application Act"
[A.R.S., tit. 3-371to 3-390 (1974)]
"Arizona Pesticides Act" (Economic Poison Law)
[A.R.S., tit. 3-341 to 3-357 (1974)]
1974 3f Arizona
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ARKANSAS
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
"Arkansas Pest Control Law"
[Ark. Stat. Ann., s 77-1801 to 77-1811 (Supp. 1973)]
Unlawful to engage in pest control service work, for compensation,
unless licensed by the Arkansas State Plant Board.
A person, or his employee, doing pest control on his own property
and not representing themselves as engaged in the pest control
business.
1. fumigation
2. household pests and rodent control
3. pecan pests
4. spraying fruit trees
5. spraying shade trees and shrubs
6. termite and other structural pest control
7. treatment of rugs, carpeting and upholstery materials for fabric
pests
8. tree surgery
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.
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
$ 30.00
20.00
10.00
5.00
5.00
Licenses expire June 30. Failure to renew for a period of two years
requires a new application, examination, and fees (complete new
licensing process).
No provision for reciprocity. Must designate a resident agent to
accept service of legal process.
Required of Class 2 and Class 6 licensees:
Performance bond in the amount of
Liability insurance:
personal injury (one)
any one accident
property damage
$ 1,500.00
25,000.00
50,000.00
5,000.00
1974
4c
Arkansas
-------
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Pesticide board
Yes.
Yes.
Yes.
Yes (Class 2 and 6; specifically).
Yes (first five jobs of a "first time" license in Class 6, to, be ,
inspected, with an inspection fee of $15 each, total $75). -Inspec-
tions continue as long as licensee is in business. Approximately
one-third of all Class 6 jobs inspected; or about 6,000 inspections
annually. Class 1, 3, 4, 5 and 8 work also inspected. Class 2 work
inspected upon request.
Yes (Class 6 licensees required to give signed contract, letters of
clearance, file monthly reports, pay inspection fee, re-inspectiori
fee).
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Not specified in act (implied).
Yes.
Not specified in act.
Not specified in act.
Yes.
Not specified in act. Regulations specify chemicals for use by
Class 1, 2 and 6 licensees.
This act is administered by the Arkansas State Plant Board.
1974
4d
Arkansas
-------
Definitions 1. agent 9. letter of clearance
2. applicant 10. licensed operator
3. board 11. person
4. director (Arkansas State 12. pest control service
Plant Board) 13. soil pre-treatment
5. division head 14. solicitor
6. fungi or rot 15. termite and other structural
7. household pests and rodent pests
control 16. termite infestation
8. inspector
Penalties 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 Agricultural Application Service Act
[Ark. StatT Ann., s 77-214 to 77-226 (Supp. 1973)]
Economic Poison Act
[Ark. Stat. Ann., s 77-201 to 77-213 (Supp. 1973)]
"Arkansas Food, Drug, and Cosmetic Act"
[Ark. Stat. Ann., s 82-1101 to 82-1123 (I960)]
-1974 4e Arkansas
-------
CALIFORNIA
Exemptions
Licensing
categories
qualifications
application
examination
fees
Structural Pest Control Act
[West's Ann. Bus. $ Prof. Code, s 8500 to 8697.6 (Supp. 1974)]
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
Bianch 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 representa-
tive 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)
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
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
40.00
20.00
20.00
10.00
10.00
10.00
.50
1.00
1974
5e
California
-------
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Fee for change of name or issuance of a duplicate license is fixed
at $2.
Upon satisfactory completion of examination (70% passing grade) and
payment of fees. Licenses and office registrations expire June 30.
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.
Liability insurance of $25,000 for (one) personal injury, $25,000 for
any one accident, $25,000 for property damage; or in lieu of insur-
ance, a surety bond of $25,000. Cash or its equivalent may be de-
posited 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).
Yes.
Yes.
Yes.
Yes.
Yes.
Yes; contracts, inspection and completion reports required on all
termite work.
Yes. (Board members and employees may "confer" with others; the
Director may assist, advise and cooperate with federal, state and
local agencies)
Yes.
Not specified in act.
Yes.
Yes.
Not specified in act (implied).
Director of the Department of Consumer Affairs has subpoena powers.
Not specified in act.
Yes.
1974
5f
California
-------
require use
permits
license dealers
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Relevant laws
See California Agricultural Code.
See California Agricultural Code.
Yes; as relates to structural pest control,
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)."
1. board
2. branch office
3. code
4. direct and personal
supervision
5. director (Department of
Consumer Affairs)
6. employer
7. fumigation and fumigant
8. household
9. household pests
10. manufacturer
11. person
12. principal office
13. registrar
14. structural pest control
15. structural pest control field
representative
16. structural pest control operator
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
[Cal. Agric. Code, s 11401 to 12121 (Supp. 1974)]
Restricted Materials Law (2,4-D, 1080, thallium)
[West's Ann. Agric. Code, s 14001 to 14098 (Supp. 1974)]
Produce Carrying Spray Residue (tolerances)
[West's Ann. Agric. Code, s 12501 to 12671 (Supp. 1974)]
Economic Poisons
[West's Ann. Agric. Code, s 12751 to 12994 (Supp. 1974)]
'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)]
1974
5g
California
-------
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
COLORADO
"Structural Pest Control Act"
[Colo. Rev. Stat., s 6-18-1 to 6-18-19 (Supp. 1971)]
Unlawful to engage in the business of structural pest control unless
licensed by the Commissioner of Agriculture. Other prohibited acts
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 structural
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 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
Upon satisfactory completion of examination. Licenses expire
December 31, renewable between October - December.
No provision for reciprocity. Must have a resident agent or designate
Secretary of State, under power of attorney, as agent to accept ser-
vice of legal processes.
Liability insurance:
bodily injury, per person
bodily injury, per occurrence
property damage
performance bond
50,000.00
100,000.00
50,000.00
none
Applicant may furnish "other evidence" of financial responsibility
acceptable to Commissioner.
1974
6d
Colorado
-------
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
require written
contracts
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
Pesticide board
Yes.
Yes.
Yes.
Yes.
Yes.
Yes, quarterly reports required.
Optional with customer.
Not specified in act. See Colo. Rev. Stat., s 6-12-12.
Not specified in act. See Colo. Rev. Stat., s 6-14-16.
Not specified in act.
Yes.
Yes.
Yes (post certificate of license and identify equipment).
Not specified in act.
Yes, pesticide injuries requiring medical treatment.
Yes.
Yes. See Colo. Rev. Stat., s 6-14-22.
Not specified in act.
See Colo. Rev. Stat., s 6-12-15.
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 Agri-
culture ... and ... the Executive Director of the Department of Health
(or designee). "
1974
6e
Colorado
-------
Definitions
Penalties
Relevant laws
(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 repel lants
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. inverterbrate animal poisons or
repellants
12. mammal poisons or repellants
13. pest
14. pesticide
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
Violation of act constitutes a misdemeanor subject to a fine of not
more than $500, or by imprisonment in the county jail of not more
than 90 days, or both fine and imprisonment. Injunctive processes
authorized. Commissioner may issue "stop work" order.
"The
^
[Colo. Rev. Stat., s 6-12-1 to 6-12-17
"Commercial Pesticide Applicators Act"
[Colo. Rev. Stat., s 6-14-1 to 6-14-22 (1967)]
f Act"
6-20-1
"Colorado Food and Dru
[Colo. Rev. Stat., s 66-20-1 et seq. (1963)]
."Colorado Hazardous Substances Act of 1973"
IChapt. 208 Session Laws (1973)J
1974
6f
Colorado
-------
FLORIDA
Title
"The Pest Control Act"*
[Fla. Stat. Ann., s 482.011 to 482.25 (Supp. 1973-1974)]
Prohibited acts
Exemptions
Licensing
(Certification)
categories
qualifications
application
examination
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 "... shal1 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.
* Enacted in 1947
1974
9a
Florida
-------
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
business license $ 25.00
identification card 5.00
change of address 5.00
application for examination, each category 25.00
initial issuance 25.00
renewal 25.00
examination fee - special identification-fumigation card 10.00
initial issuance 5.00
renewal 5.00
examination fee - certified pest control operator inactive 10.00
in pest control over 5 years, desiring to "activate" and
obtain business license
Upon satisfactory completion of examination. Renewable annually on
or before June 1. "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.
Not required by law or regulations.
Yes.
Yes.
Yes.
Yes.
Yes.
Yes. Written work contracts required for all wood infesting organ-
isms control.
The Division may " ... appoint an advisory council ... hold public
hearings or ... counsel with members of the industry ..."
Not specified in act.
Not specified in act.
Yes.
Yes.
Yes; name identification required.
Yes; through the circuit court clerk or state attorney.
1974
9b
Florida
-------
report losses
investigate
damages
require use
permits
license dealers
adopt list of
restricted
pesticides
Pesticide board
Definitions
Penalties
Yes; licensees shall notify the Division of any knowledge of job
related accidental human poisoning or death within 24 hours.
Yes.
See "Florida Pesticide Law."
See "Florida Pesticide Law."
Yes; see also "Florida Pesticide Law."
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."
(law)
1. agricultural area 1.
2. Board (abolished,
now "Division") 2.
3. business location 3.
4. category
5. certified operator 4.
6. commission (abolished) 5.
7. fumigant 6.
8. fumigation 7.
9. general household pest 8.
control
10. identification card holder
11. lawn
12. lawn and ornamental pest 9.
control 10.
13. licensee (business license) 11.
14. (this) measure 12.
15. ornamental 13.
16. pest control 14.
17. pests 15.
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
Criminal:
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)
Civil:
Disciplinary measure, probation, and revocation or suspension of
certificates or licenses provided for in Act.
(regulation)
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
1974
9c
Florida
-------
Relevant laws "Florida Pesticide Law"
[Fla. Stat. Ann., s 487.011 to 487.14 (Supp. 1973-1974)]
"Florida Food, Drug, and Cosmetic Law"
[Fla. Stat. Ann., s 500.01 to 500.47 (1974)]
1974 9d Florida
-------
GEORGIA
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
"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.
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
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 re-
newal (within 90 days after June 30) subject to 100% of penalty fee,
after this period, re-examination required.
1974
lOc
Georgia
-------
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
adopt list of
restricted
pesticides
Reciprocity provided. Nonresidents must designate a resident agent
to accept service of legal processes, if none, then the Secretary
of State is agent.
None required by law. If licensee represents being bonded, then he
must in fa'qt 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.
Yes.
11 ... the Commission shall, aid. and assist the Commissioner (of Agri-
culture) in ... enforcement ... in an, advisory capacity ..."
Yes.
Yes.
Yes - the Commissioner shall make periodic and unannounced inspec-
tions ...
Written contracts and periodic progress reports required on all wood
destroying organisms control jobs.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Yes.
Yes, (all mobile equipment, except private passenger cars, to be
marked L.P.C.O., business license number and name, etc.). Individ-
uals must carry identification cards.
Yes.
Not specified in act.
Yes.
See Ga. Code 5-1501a et_ seq.
See Ga. Code 5-1501a e_t seq.
Yes.
1974
lOd
Georgia
-------
require reports
of pesticide
poisoning
Pesticide board
Definitions
Not specified in act.
Structural Pest Control Commission*. "... there is hereby created a
Structural Pest Control Commission0 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."
(law)
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
Penalties
(regulation)
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
IS.- 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 fluoroacetate
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
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.
1974
lOe
Georgia
-------
Relevant laws "Georgia Pesticide Use and Application Act"
[Ga. Code Ann., s 5-1501a to 5-1523a ISupp. iy?3)]
"Georgia Economic Poison Act"
[Ga. Code Ann., s 5-1501 to 5-1516 (1962)]
19.74 10f Georgia
-------
HAWAII
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
Pest Control Operators (Structural)—
[Hawaii Rev. Laws, s 460J-1 to 460J-27 (Supp. 1972)]
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) $ 25.00
license 25.00
combination of two or more branches 25.00
renewal 25.00
delinquent renewal (additional) 10%
Upon achieving passing grade. Renewable annually, before June 30.
Delinquent fee beyond one year forfeits license.
No provision for reciprocity.
General liability insurance (not less than)
any one claim $ 20.000.0U
aggregate claims in one year 50,000.00
or,
proof of financial responsibility equivalent to liability insurance.
No requirement for vault fumigation.
Yes.
Yes.
Yes.
1974
Hawaii
-------
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
license dealers
adopt list of
restricted
pesticides
require reports
of pesticide
poisoning
Pesticide board
Yes.
Not specified in act (implied).
Yes, written inspection reports and contracts required for all wood
destroying pest control work. Fumigators must maintain job log and
keep for two years.
Not specified in act.
Yes.
Not specified in act.
Not specified in act (implied).
Yes.
Not specified in act. Business licenses must be displayed.
Yes.
Not specified in act (implied).
Not specified in act (implied).
Not specified in act.
See Hawaii Rev. Laws s 149A-1 e_t se
Not specified in act (implied).
Not specified in act (implied).
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)."
1974
lie
Hawaii
-------
"No member of the Board shall receive compensation ... but each shall
be reimbursed for (expenses) ..."
"The Board is placed within the department of regulatory agencies
(profecsional and vocational licensing division) for administrative
purposes."
"The department shall employ an (full time) executive secretary of
the Board."
Definitions (law)
1. Board
2. director
3. fumigation
4. fumigator
5. household pests
6. pest control
7. pest control operator
Penalties 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 Pesticide Law"
[Hawaii Rev. Laws, s 149A-1 to 149A-43 (Supp. 1972)]
— 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 Depart-
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. This exemption no
longer prevails.
1974 llf Hawaii
-------
KANSAS
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Kansas Pest Control Act—'
[Kan. Stat. Ann., s 2-2401 to 2-2412 (1964)]
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.
examination fee, each examination
license, each place of business
renewal
licenses issued after January 1
technical representative (at each place of business)
$ 10.00
100.00
100.00
50.00
none
"Upon compliance with requirements." Expire June 30; non-transfer-
able.
Must designate a resident agent to accept service of legal processes.
Surety bond, each place of business not less than
or,
liability insurance, not less than
bodily injury, each occurrence
property damage, each occurrence
deductable clause, not more than
Unlawful to advertise as "bonded."
$ 2,000.00
25,000.00
5,000.00
500.00
1974
16d
Kansas
-------
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transporation,
or disposal of
pesticides
require
compliance
with label
license
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Definitions
Yes.
Yes.
Yes. (Administration of act delegated to Division of Entomology.)
Yes.
Yes (with consent of occupant).
Yes, written contract required for each job; to be kept for two years;
available to the Secretary upon request.
Not specified in act.
Not specified in act (implied).
Not specified in act.
Not specified in act (implied).
Yes.
Yes; "shall be marked for identification."
Not specified in act.
Not specified in act (implied).
Yes.
None.
(law)
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
1974
16e
Kansas
-------
Penalties Violation of act or regulations constitutes a Class A misdemeanor
subject to penalty as prescribed by law.
Relevant laws "Kansas Pesticide Use Law"
[Kan. Stat. Ann., s 2-2413 to 2-2437 (Supp. 1971)]
"Kansas Agricultural Chemical Act of 1947"
[Kan. Stat. Ann., s 2-2201 et seq. (1964)]
—'Enacted in April 1953; amended a number of times, the latest in 1973. Primarily a
consumers protection measure.
1974 16f Kansas
-------
KENTUCKY
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresident
Financial
responsibility
Authority granted to:
issue regulations
Kentucky Termite and Pest Control Industry Law
L&V. K6V. Stat., S 249.250 to 249.34U (1970)J
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 examinations, 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
$ 15.00
5.00
none
100.00
100.00
Upon being found competent and qualified; 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.
Liability insurance:
property damage
bodily injury, per person
bodily injury, per occurrence
and
workmens1 compensation insurance
Yes (six specific subject areas may be regulated).
(minimum)
$ 25,000.00
50,000.00
100,000.00
1974
17d
Kentucky
-------
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
require reports
of pesticide
poisoning
Pesticide board
Yes (Department representatives have the power of peace officers in
enforcement).
Yes.
Yes.
Yes.
Yes, written contracts required on all termite or wood infesting
organism control jobs, monthly job reports to the Department, and
re-inspection reports.
Not specified in act.
Not specified in act.
Not specified in act.
Yes.
Yes.
Yes (including "L.P.C.O." plus other information).
Yes.
Not specified in act (implied).
Yes.
Yes; (re: structural pest control).
Not specified in act (implied).
None.
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."
1974
17e
Kentucky.
-------
Definitions
Penalties
Relevant laws
(law)
1. board
2. Conuni s s ioner
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
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.
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.
"Kentucky Pesticide Use and Application Act of 1972"
[Ky. Rev. Stat., s 217B.010 to 217B.990 (Supp. 1973)]
Kentucky Economic Poison Law
[Ky. Rev. Stat., s 217.540 to 217.640 (Supp. 1973)]
Aerial Applicators - Regulations
Kentucky Department of Aeronautics
"Kentucky Food, Drug and Cosmetic Act"
Ky. Rev. Stat., s 217.005 to 217.215 (Supp. 1973)]
1974
17f
Kentucky
-------
LOUISIANA
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
"Structural Pest Control Law"
[La. Rev. Stat., s 40-1261 to 40-1274 (1965)]
Unlawful to engage in the business of structural pest control unless
licensed by the Structural Pest Control Commission.
11 ... 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
affadavit 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; permanent, non-
expiring, non-transferable; licensees in inactive status over four
years required to be re-examined. Licensees may not require em-
ployees to agree not to engage in pest control after leaving employ-
ment (negative covenants prohibited).
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.
1974
18d
Louisiana
-------
Financial
respj)ns ibi 1 ity
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
Insurance: (not less than)
personal injury (one person) $ 25,000.00
personal injury (one accident) 50,000.00
property damage 10,000.00
and
performance bond 2,000.00
Yes.
Yes (Commissioner of Agriculture and Immigration, as Chairman of
Commission shall enforce the "act).
Yes.
Yes.
Yes.
Yes (written contracts required on all termite control work, with
monthly performance reports to the Commission; licensees must
register all employees with Commission).
Not specified in act.
Not specified in act (implied),
.Not specified in act.
Yes.
Yes.
Not specified in law or regulation.
Not specified in act.
Not specified in act.
Yes.
Yes (re: structural pest control).
1974
18e
Louisiana
-------
Pesticide board
Definitions
Penalties
Revelant laws
[Commission) "There is hereby created a Structural Pest Control
Commission ... of five members ... the Commissioner of Agriculture
and Immigration (Chairman), the State Entomologist, one member of the
faculty from the Entomology Department of the Louisiana State Uni-
versity and Agricultural and Mechanical College, and two members
(resident, active licensees) ... latter three members ... appointed
by the Governor ... two year terms ..."
(law)
1. applicant
2. bond
,3. Commission
4. employee
5. fumigant
6. insecticides
7. licensee
8. registered employee
9. repellents
10. rodenticides
11. structural pest control
(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
14. spot treatment
15. termite control:
a. dry wood termites
b. subterranean termites
16. termite control
17. wood destoying insects
Violation of act constitutes a misdemeanor subject to a fine of not
less than $50 nor more than $250, or imprisonment for not less than
30 days, nor more than 90 days; or both fine and imprisonment. In-
junctive proceedings by Commission authorized, not withstanding
availability of other legal remedies.
Custom Application of Pesticides
[La. Rev. Stat., s 3-1622 to 3-1634 (1973)]
Economic Poison Law
[La. Rev. Stat., s 3-1601 to 3-1609(1973)]
Louisiana Horticultural Laws
[La. Rev. Stat., s 37-1961 to 37-1975 (1973)]
1974
18f
Louisiana
-------
MINNESOTA
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
Structural Pest Control
[Minn. Stat., s 18A.01 to ISA.11 (1969)]
Unlawful to engage in structural pest control for hire unless licensed
by the Commissioner of Agriculture; and "companies" (business enti-
ties) to be licensed by the Commissioner, or by political subdivi-
sions of the State, and registered with the Commissioner.
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.
application (to take examination)
examination 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
$
none
none
5.00
10.00
50.00
5.00
3.00
50%
as for new
nonresidents
Upon successful completion of examination. Renewal of master or
journeyman license subject to licensee attending an annual program
of continuing education, approved 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.
No provision for reciprocity.
1974
23d
Minnesota
-------
Financial
responsibility
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
report losses
investigate
damages
adopt list of
restricted
pesticides
(law) In such amounts as the Commissioner may require
(regulation) libiality insurance:
bodily injury - one person
bodily injury - two or more persons
property damage - one occurrence
or:
$ 100,000.00
200,000.00
10,000.00
structural pest control bond certifying proof of licensees ability
to meet all financial responsibilities.
Yes, (Commissioner of Agriculture).
Yes.
Yes.
Yes.
Yes, (any structure, except a residence).
Yes; work records to be kept and made available to Commissioner upon
request. Written contracts with customers not mandatory.
Commissioner may enter into an "approved agency" agreement whereby
governmental units may enforce the act and grant licenses (business
entities); thereafter licensee is "registered" v*ith the Commissioner.
Not specified in act.
Not specified in act (Commissioner must approve programs of continu-
ing education which are required in connection with renewal of
licenses).
Yes.
Yes.
Not specified in act. Companies to display licenses or registration
certificates and individuals to carry identification cards.
Not specified in act.
Not specified in act.
Yes.
Yes, (re: structural pest control).
1974
23e
Minnesota
-------
Pesticide board
None.
Definitions
Penalties
Relevant laws
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."
(law)
1. approved agency
2. Commissioner (of Agriculture)
3. person
4. pest
5. structural pest control
6. structure
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
(regulation)
act
approved agency
device
economic
fumigant
fumigation
fumigation vault
fumigator
journeyman structural
pest control operator
master structural
pest control operator
pollution
proof of financial
responsibility
registered approved uses
structural pest control:
a. bond
b. company
c. liability insurance policy
d. operator's apprentice,
trainee, or assistant
Violation of act or regulation constitutes a
to punishment as prescribed by law.
Minnisoia Spraying and Dusting Law
[Minn. Stat., s 18.031 to 18.036 (1969)]
Minnesota Economic Poisons and Devices Law
[Minn. Stat., s 24.069 to 24.077 (1969)J
misdemeanor subject
1974
23f
Minnesota
-------
NORTH CAROLINA
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
"Structural Pest Control Act of North Carolina of 195S"1/
[N. C. Gen. Stat., s 106-65.22 to 106-65.36 (Supp. 1973)]
Unlawful to engage or supervise work in structural pest control unless
licensed by the Structural Pest Control Committee (and license signed
by the Commissioner of Agriculture).
Persons doing work on their own property; and state, federal and
local governmental agencies.
(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.
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.
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.
1974
33g
North Carolina
-------
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
report losses
investigate
damages
Pesticide board
Yes; by Structural Pest Control Committee.
Yes: by the Director of the Structural Pest Control Division of the
Department of Agriculture.
Yes.
Yes.
Yes. ["No inspection shall be made .
permission of the owner or occupant
,. without first securing the
iti
,.. j
Yes; all contracts for control of wood destroying organisms must be
in writing with copy to property owner; other pest control work must
be documented and records kept for one year. Telephone answering
service locations must be filed with Committee and kept current.
Yes; permits agreements with any local, state or federal agencies.
Yes; including a roster of licensees.
Not specified in act.
Yes.
Yes.
Yes; licensee's certification cards and identification card for
registered solicitors and servicemen must be carried at all times.
Yes; so also may an accused licensee upon being charged by the
Committee.
Not specified in act.
Yes; and may make unannounced inspection of work done by licensees.
"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 $20 per diem ... all members
... 8$ per mile for travel ..." (Three members constitute a quorum
and three members may call a special meeting.)
1974
33h
North Carolina
-------
Definitions
(law)
(regulation)
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
Penalties
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. flamable pesticidal 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 opera-
tor, 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
Violation of act or regulation constitutes a misdemeanor subject to
fine or imprisonment, or both fine and imprisonment, in the discre-
tion of the court.
1974
33i
North Carolina
-------
Relevant laws "North Carolina Pesticide Law of 1971"
[N. C. Ge:\. Stat., s 143.434 to 143.470 (1974)]
I/This act was amended by Senate Bill No. 537, approved May 17, 1973, and is reflected in
this digest; however, proposed changes in regulations have been tabled until EPA promul-
gates its regulations for FIFRA. This digest reflects existing state regulations.
The act was ratified on May 17, 1955; became effective July 1, 1955; and was amended in
1957, 1967 and 1973.
1974 35j North Carolina
-------
OKLAHOMA
Title
Prohibited acts
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
Authority granted to;
issue regulations
"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.
None.
Yes; after public hearing and with the concurrence of the Technical
Advisory Council.
1974
36d
Oklahoma
-------
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
require
compliance
with label
identify
equipment
subpoena persons
or records
Pesticide board
Definitions
Yes; report of violations of act made to county attorney who shall
institute appropriate proceedings.
Implied.
Yes.
Yes; only with consent of the owner or occupant.
Yes; all termite work requires written contracts with homeowner and
monthly progress reports to the Board.
Not specified in act.
Board must publish hearing decisions and license revocations.
Not specified in act.
Implied.
Yes.
-------
Relevant laws "Oklahoma Pesticide Applicators Law"
[Okla. Stat., tit. 2, s 3-81 to 3-88 (1971)]
Oklahoma Pesticide Law (Economic Poison Law)
[Okla. Stat., tit. 2, s 3-61 to 3-70 (1971)]
1974
36f Oklahoma
-------
TEXAS
Exemptions
Licensing
categories
qualifications
application
examination
fees
issuance
nonresidents
Financial
responsibility
"Texas Structural Pest Control Act"
[Tex. Rev. Civ. Stat. Ann., art 135b-6 et seq. (Supp. 1971)]
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
treasury.
Upon meeting standards set by Board; licenses expire March 1; renew-
able by application to Board and payment of fee by March 2; fees not
prorated; licenses 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).
No provision for reciprocity. Nonresident license holder to display
license in the place of business of his resident agent.
None.
1974
43b
Texas
-------
Authority granted to:
issue regulations
enforce the act
delegate duties
restrict usage
inspect property
require records
cooperate with
others
publish
information
conduct courses
regulate storage,
transportation,
or disposal of
pesticides
identify
equipment
subpoena persons
or records
report losses
investigate
damages
require use
permits
require purchase
permits
license dealers
adopt list of
restricted
pesticides
require reports
of pesticide
poisoning
Yes: broad authority (regulations regarding use of pesticides must
comply with federal standards). "The Board may suspend or waive any
rule, in whole or part, for good cause shown, when the particular
facts or circumstances justify."
The Board may request the Attorney General to enforce the act and,
to bring suit to,enjoin a person from engaging in structural pest
control without a license.
Yes.
Yes.
Not specified in act. Inspectors may be employed and field investi-
gations made of valid complaints. (Rights of entry on private lands
regulated elsewhere in Code.)
Not specified in act. Failure to supply Board with true and accurate
information, grounds for revocation of license.
Not specified in act.
Not specified in act.
Not specified in act.
Implied.
Not specified in act. Licenses (business) must be displayed in a
conspicuous place.
Not specified in act.
Complainant may file notarized statement with Board.
Field investigations may be made of meritorious complaints.
Not specified in. act.
Not specified in-act.
Not specified in act.
Not specified in act. (implied)
Not specified in act.
19J4
43c
Texas
-------
Pesticide board
Definitions
"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 a 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 ..."
(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
7 . Chairman
8. employee
9. Executive Director
10. inspector
11. license
12. licensed operator
13. licensee
14. person
15. pest control operator
Penalties
Criminal :
Relevant laws
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.
Texas Herbicide Law
ITex. Rev. Civ. Stat., art 135b-4 (1969)]
"Insecticide, Fungicide, and Rodenticide Act of Texas"
[Tex. Rev. Civ. Stat., art 135b-5 (1969)]
1974 43d
U.S. GOVERNMENT PRINTING OFFICE I 1974 - 640-990/2613 - Region 4
Texas
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