§ 23-25-15 - Licenses for dealers of restricted and limited use pesticides – Renewal – Regulations authorized – Responsibility for acts of employees.
SECTION 23-25-15
§ 23-25-15 Licenses for dealers ofrestricted and limited use pesticides – Renewal – Regulationsauthorized – Responsibility for acts of employees. – (a) It shall be unlawful for any person to act as a pesticide dealer, oradvertise as, or assume or act as a pesticide dealer at any time without firstbecoming licensed under this section and regulations adopted under thissection. A license shall be required for each location or outlet located withinthe state from which the pesticides are distributed; provided, that anyout-of-state manufacturer, registrant, or distributor who distributes thepesticides only through or to a licensed pesticide dealer is not required toobtain a license.
(b) Credentials verifying licensing shall be plainlyexhibited at each location or distribution center situated within the statefrom which "restricted use" or "state limited use" pesticides are distributed.A manufacturer, registrant, or distributor of those pesticides who has no fixeddistribution center within the state but who distributes those pesticidesdirectly to certified applicators within the state shall obtain a license forhis or her principal out-of-state location or distribution center and for eachof his or her representatives who distribute those pesticides within the state.
(c) The director is authorized to adopt regulations,including but not limited to regulations:
(1) Establishing procedures for filing applications forlicensing which shall provide names and full addresses of individuals who aredistributors, members of principals, officers of firms, partnerships,associations, corporations or organized groups who are distributors, and thefull address of each distribution center or outlet, and the name and fulladdress of a person domiciled within the state authorized to receive and acceptservice of summons or legal notices of all kinds for the applicant, and otherinformation found necessary by the director;
(2) Establishing license expiration dates and procedures formaintaining and submitting records of restricted use pesticide distribution asrequired under § 23-25-23;
(3) Requiring, if deemed necessary, any out-of-statedistributor to obtain a permit to ship any "restricted use" or "state limiteduse" pesticide to any location within the state. Information required to obtainthe permit shall include the full name and address of the shipper, the expecteddelivery date, the brand name, EPA registration number, the quantity ofpesticide, the full name and address of the person receiving the shipment, andany other information found necessary by the director. No fee shall be requiredfor the permit;
(4) Requiring a written examination designed to enable theapplicant to demonstrate his or her knowledge of the types of information to befound on a pesticide label and that he or she is familiar with state andfederal laws governing his or her sale, storage, and distribution of "statelimited use" and "restricted use" pesticides;
(5) Establishing annual license fees of not more than thirtydollars ($30.00) for each license issued.
(d) Provisions of this section shall not apply to a certifiedcommercial applicator who sells pesticides only as an integral part of his orher pesticide application service when the pesticides are dispensed onlythrough equipment used for the pesticide application or any federal, state,county, or municipal agency which provides pesticides only for its own programs.
(e) The director shall send a renewal application to eachlicensed pesticide dealer at least thirty (30) days prior to the expirationdate and the director may renew any applicant's license subject to furtherexamination by the director if necessary to show additional knowledge that maybe required to distribute pesticides classified for "restricted use" or "statelimited use".
(f) Licensed pesticide dealers who, in any year, fail to filea renewal application even though they did not receive a mailed renewalapplication prior to an expiration date established by regulation shall losetheir dealer's license as of sixty (60) days later and prior to that date shallbe notified in writing. Those dealers may regain licensing under this sectionby re-examination.
(g) Each licensed pesticide dealer shall be responsible forthe acts of each person employed by him or her in the solicitation and sale ofpesticides and all claims and recommendations for use of pesticides. Thedealer's license shall be subject to denial, suspension, or revocation after ahearing before the director for any violation of this chapter whether committedby the dealer or by the dealer's officer, agent, or employee.