Chapter 2: Agriculture

Article 24: Pest Control

Statute 2-2443a: Same; examination; reciprocity; fees; subjects included in examination. An applicant for a commercial applicator's certificate shall show upon written examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides in the categories or subcategories for which the applicant has applied. A commercial applicator who holds a current certificate to apply pesticides commercially in any other state or political subdivision of the United States may be exempted from examination for certification in this state upon approval of the secretary and payment of a $75 fee per category, unless a fee not to exceed $75 is established in rules and regulations adopted by the secretary.

      Applicants shall submit with each application a fee per examination taken, including each category, subcategory and general core examination. The examination fee shall be fixed by rules and regulations adopted by the secretary, except that such fee shall not exceed $45 per examination, except that on and after July 1, 2015, such fee shall not exceed $35 per examination. Applicants who fail to pass the examination may reapply and take another examination upon paying another examination fee, which fee shall be fixed by rules and regulations adopted by the secretary, except that such fee shall not exceed $45 per examination, except that on and after July 1, 2015, such fee shall not exceed $35 per examination. The general core examination shall include, but is not limited to, the following:

      (a)   The proper use of the equipment.

      (b)   The hazards that may be involved in applying the pesticides, including:

      (1)   The effect of drift of the pesticides on adjacent and nearby lands and other non-target organisms;

      (2)   the proper meteorological conditions for the application of pesticides and the precautions to be taken with such application;

      (3)   the effect of the pesticides on plants or animals in the area, including the possibility of damage to plants or animals or the possibility of illegal pesticide residues resulting on them;

      (4)   the effect of the application of pesticides to wildlife in the area, including aquatic life;

      (5)   the identity and classification of pesticides used and the effects of their application in particular circumstances; and

      (6)   the likelihood of contamination of water or injury to persons, plants, livestock, pollinating insects and vegetation.

      (c)   Calculating the concentration of pesticides to be used.

      (d)   Identification of common pests to be controlled and damages caused by such pests.

      (e)   Protective clothing and respiratory equipment for handling and application of pesticides.

      (f)   General precautions to be followed in the disposal of containers as well as the cleaning and decontamination of the equipment which the applicant proposes to use.

      (g)   Applicable state and federal pesticide laws and regulations.

      (h)   Any other subject which the secretary deems necessary.

      History:   L. 1977, ch. 3, § 4; L. 1982, ch. 4, § 10; L. 2002, ch. 181, § 6; L. 2004, ch. 85, § 6; L. 2009, ch. 128, § 17; July 1.