Section 281.050

There are multiple enactments of 281.050

Title XVII AGRICULTURE AND ANIMALS

Chapter 281

Effective - 01 Jan 2025, 3 histories, see footnote   

  281.050.  Pesticide dealer's license required, fee, qualifications — grounds for suspension or revocation — restricted use of pesticides, sale or transfer, to whom, exception — records to be kept — change of address, notice of. — 1.  No individual shall act in the capacity of a pesticide dealer or shall engage in the business of, advertise as, or assume to act as a pesticide dealer unless the individual has obtained a license from the director that shall expire one year from date of issuance.  Each pesticide dealership location or outlet from which  restricted use pesticides are distributed, sold, held for sale, or offered for sale at retail or wholesale direct to the end user shall have at least one individual licensed as a pesticide dealer.  Any individual possessing restricted use pesticides and selling or holding and offering for sale restricted use pesticides at retail or wholesale from a motor vehicle shall be licensed as a pesticide dealer.  For the purposes of this subsection, "selling or holding and offering for sale" shall not include solely transporting product in commerce.  No individual shall be issued more than one pesticide dealer license.

  2.  Application for a pesticide dealer's license shall be made on a designated form obtained from the department.  The director shall collect a fee of thirty-five dollars for the issuance of each license.  The provisions of this section shall not apply to a pesticide applicator who sells pesticides only as an integral part of the applicator's pesticide application service when such pesticides are dispensed only through apparatuses used for such pesticide applications.  The provisions of this section shall not apply to any federal, state, or county agency that provides pesticides for its own programs.

  3.  Each applicant shall satisfy the director as to the applicant's knowledge of the laws and regulations governing the use and sale of pesticides and the applicant's responsibility in carrying on the business of a pesticide dealer by passing a pesticide dealer examination provided by the director.  Each licensed pesticide dealer shall be responsible for ensuring that all of the dealer's employees and agents who sell or recommend restricted use pesticides have adequate knowledge of the laws and regulations governing the use and sale of such restricted use pesticides.

  4.  Each pesticide dealer shall be responsible for the acts of each person employed by the dealer in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides.  The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of sections 281.010 to 281.115 whether committed by the dealer, or by the dealer's officer, agent or employee.

  5.  No pesticide dealer shall sell, give away or otherwise make available any restricted use pesticides to anyone but certified commercial applicators, certified noncommercial applicators, certified public operators, or to certified private applicators holding valid certifications in proper certification categories or to other licensed pesticide dealers, except that pesticide dealers may allow the designated representative of such certified applicators to take possession of restricted use pesticides when those restricted use pesticides are purchased by and for use by or under the direct supervision of such certified applicator.

  6.  The director shall require the pesticide dealer, or the dealer's employer, to maintain books and records with respect to sales of restricted use pesticides at each dealership location or outlet.  Such relevant information as the director may deem necessary may be specified by regulation.  Such records shall be kept for a period of three years from the date of sale of the restricted use pesticide to which such records refer, and the director shall upon request in writing be furnished with a copy of such records by any licensed pesticide dealer or the dealer's employer.

  7.  Every licensed pesticide dealer who changes the dealer's address or place of business shall immediately notify the director.

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(L. 1974 S.B. 431 § 9, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26)

Effective 1-01-25, see § 281.102