Changes to Existing Law

Commercial applicator license--Annual fee--Violation as misdemeanor--Civil penalty. No person may engage perform any of the following acts without a commercial applicator's license issued by the secretary, unless exempt under the provisions of this chapter: (1) Engage in the business of applying pesticides to the lands of another, advertise; (2) Advertise as being in the business of applying pesticides to the lands of another at any time, apply; 33 Catchlines are not law. (§ 2-16-13.1) (3) Apply pesticides while in the performance of duties as a governmental employee or otherwise; or (4) Otherwise act as a commercial applicator without an applicator's license issued by the secretary of agriculture, unless exempted under the provisions of this chapter. The secretary shall require a fee of twenty-five thirty-five dollars for each commercial applicator license issued. The secretary of agriculture shall issue an applicator license to government employees without a license fee. The fee exempt license is valid only when the applicator is applying pesticides in the course of employment for the governmental entity. Any A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Private applicator's license--Requirement--Fee--Promulgation of rules--Penalty for violation. No private applicator may use any pesticide without a license and without first complying with the certification requirements determined by the secretary of agriculture as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use. The secretary may require a license fee, to be established by in rules promulgated pursuant to chapter 1-26 not to exceed five twenty-five dollars for each certification. Any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Pesticide dealer's license--Fee--Form of application. Application An application for a pesticide dealer's license shall be accompanied by a fifty seventy-five dollar license fee and shall be on a form prescribed by the secretary of agriculture.

Administration and enforcement of chapter--Promulgation of rules. The secretary of agriculture may establish rules promulgated may promulgate rules pursuant to chapter 1-26 concerning providing for: (1) The inspection of storage and disposal areas; (2) The inspection of application equipment and equipment storage areas; (3) The establishment of restricted pesticide uses or methods of distribution; (4) Standards for the use, transportation, storage, handling, and disposal of pesticides or pesticide containers, rinsate, and application equipment; (5) The reporting of pesticide accidents and incidents; 29 Catchlines are not law. (§ 2-16-13.1) (6) Standards for the certification of applicators of pesticides; (7) Standards for the examination and testing of applicators of pesticides; (8) The establishment of fees for a private applicator certification applicator's license not to exceed five twenty-five dollars per certification license; (9) Pesticide applicator reporting and record keeping requirements; (10) The establishment of state restricted use restricted-use pesticides for designated areas within the state; (11) Pesticide dealers reporting and record keeping requirements; (12) The establishment of certification categories and sub-categories; (13) The classification or sub-classification of certificates or licenses; and (14) The use of pesticides through irrigation systems.

Pesticide regulatory fund--Administration and uses-- Expenditures. Funds collected pursuant to §§ 38-21-17, and 38-21-33.5, and 38-21-43 shall be deposited with the state treasurer in a special revenue fund known as the pesticide regulatory fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the pesticide program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. 23