AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
INSECT PESTS AND PLANT DISEASES
430:35 Pesticide Dealer License.
I. No person shall act in the capacity of a pesticide dealer or shall engage in the business of, advertise as, or assume to act as a pesticide dealer unless he has obtained an annual license from the division, which shall expire on December 31 of each year. A license shall be required for each location or outlet from which such pesticides are distributed, sold, held for sale, or offered for sale.
II. Application for a license shall be accompanied by a $20 annual license fee. Dealer applications for renewal received beyond the December 31 deadline shall be subject to a $10 late registration fee. Application for a license shall be on a form prescribed by the division and shall include the full name of the person applying for such license. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the division; provided that the provisions of this section shall not apply to a pesticide applicator who sells pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through apparatuses used for such pesticide application; provided, further, that the provisions of this section shall not apply to any federal, state, or county agency which provides pesticides for their own programs.
III. Each applicant shall satisfy the division as to his knowledge of the laws and rules governing the use and sale of pesticides and his responsibility in carrying on the business of a pesticide dealer through examination. In addition, each employee or agent of a pesticide dealer who sells or recommends restricted-use pesticides or state restricted-use pesticides shall obtain a pesticide dealer license. Each application for initial examination for a dealer license shall be accompanied by an examination fee of $5. When an applicant has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a fee of $5.
IV. Each pesticide dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subdivision, whether committed by the dealer, or by the dealer's officer, agent, or employee.
V. Every licensed pesticide dealer who changes his address or place of business shall immediately notify the division.
Source. 1985, 72:1; 375:3, eff. July 1, 1985.