§ 20-20-207 - Licenses -- Classification -- Standards.
20-20-207. Licenses -- Classification -- Standards.
(a) (1) The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to:
(A) Agricultural;
(B) Right-of-way;
(C) Forest;
(D) Aquatic; and
(E) Regulatory pesticide applicators.
(2) Separate subclassifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or as to the use of pesticides to control insects, plant diseases, rodents, or weeds.
(3) Each classification shall be subject to separate testing procedures and requirements.
(b) (1) The board in promulgating regulations under this subchapter shall prescribe standards for the licensing of applicators of pesticides.
(2) The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved.
(3) In determining standards, the board shall consider:
(A) The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;
(B) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;
(C) The relative hazards of patterns of use such as granular soil applications, ultra low volume or dust aerial applications, or air blast sprayer applications; and
(D) The extent of the intended use.
(c) Further, the board is authorized to adopt standards in conformance with and at least equal to those prescribed by the Environmental Protection Agency and such additional standards as it deems necessary.