206.6 - LICENSE FOR COMMERCIAL APPLICATORS.
206.6 LICENSE FOR COMMERCIAL APPLICATORS.
1. Commercial applicator. No person shall engage in the
business of applying pesticides to the lands or property of another
at any time without being licensed by the secretary. The secretary
shall require an annual license fee of not more than twenty-five
dollars for each license. Application for a license shall be made in
writing to the department on a designated form obtained from the
department. Each application for a license shall contain information
regarding the applicant's qualifications and proposed operations,
license classification or classifications for which the applicant is
applying.
2. Nonresident applicator. Any nonresident applying for a
license under this chapter to operate in the state shall file a
written power of attorney designating the secretary of state as the
agent of such nonresident upon whom service of process may be had in
the event of any suit against said nonresident person, and such power
of attorney shall be so prepared and in such form as to render
effective the jurisdiction of the courts of this state over such
nonresident applicants. A nonresident who has a duly appointed
resident agent upon whom process may be served as provided by law
shall not be required to designate the secretary of state as such
agent. The secretary of state shall be allowed such fees as provided
by law for designating resident agents. The secretary shall be
furnished with a copy of such designation of the secretary of state
or of a resident agent, such copy to be certified by the secretary of
state.
3. Examination for commercial applicator license. The
secretary of agriculture shall not issue a commercial applicator
license until the individual engaged in or managing the pesticide
application business and employed by the business to apply pesticides
is certified by passing an examination to demonstrate to the
secretary the individual's knowledge of how to apply pesticides under
the classifications the individual has applied for, and the
individual's knowledge of the nature and effect of pesticides the
individual may apply under such classifications. The applicant
successfully completing the certification requirement shall be a
licensed commercial applicator.
4. Renewal of applicant's license. The secretary of
agriculture shall renew any applicant's license under the
classifications for which such applicant is licensed, provided that
all of the applicant's personnel who apply pesticides are certified
commercial applicators.
5. Issue commercial applicator license.
a. The secretary shall approve an application and issue a
commercial applicator license to the applicant as follows:
(1) The applicant is qualified as found by the secretary to apply
pesticides in the classifications for which the applicant has
applied.
(2) The applicant must furnish to the department evidence of
financial responsibility as required under section 206.13.
(3) An applicant applying for a license to engage in aerial
application of pesticides must meet all of the requirements of the
federal aviation administration, the United States department of
transportation, and any other applicable federal or state laws or
regulations to operate the equipment described in the application.
b. The secretary shall adopt by rule, additional requirements
for issuing a license to a person who is a nonresident of this state
engaged in the aerial application of pesticides, which may include
but is not limited to conditions for the operation of the aircraft
and the application of the pesticides under the supervision of a
person who is a resident of this state and licensed as a commercial
applicator under this section or as a pesticide dealer under section
206.8. The secretary shall not adopt rules concerning the operation
of aircraft when a nonresident person is not engaged in the
commercial application of pesticides.
c. The secretary shall issue a commercial applicator license
limited to the classifications for which the applicant is qualified,
which shall expire at the end of the calendar year of issue unless it
has been revoked or suspended by the secretary for cause. The
secretary may limit the license of the applicant to the use of
certain pesticides, or to certain areas, or to certain types of
equipment if the applicant is only so qualified. If a license is not
issued as applied for, the secretary shall inform the applicant in
writing of the reasons.
6. Public applicator.
a. All state agencies, counties, municipal corporations, and
any other governmental agency shall be subject to the provisions of
this chapter and rules adopted thereunder concerning the application
of pesticides.
b. Public applicators for agencies listed in this subsection
shall be subject to certification requirements as provided for in
this section. The public applicator license shall be valid only when
such applicator is acting as an applicator applying pesticides used
by such entities. Government research personnel shall be exempt from
this licensing requirement when applying pesticides only to
experimental plots. Public agencies or municipal corporations
licensed pursuant to this section shall be licensed public
applicators.
c. Such agencies and municipal corporations shall be subject
to legal recourse by any person damaged by such application of any
pesticide, and such action may be brought in the county where the
damage or some part thereof occurred. Section History: Early Form
[C66, 71, 73, § 206.5; C75, 77, 79, 81, § 206.6] Section History: Recent Form
83 Acts, ch 101, § 35, 36; 87 Acts, ch 225, § 215--217; 2008 Acts,
ch 1045, §1--3; 2009 Acts, ch 133, §80
Referred to in § 206.11, 206.13, 206.17, 206.18, 206.23A, 558A.4