AGRICULTURE
AND HORTICULTURE
CHAPTER 34
PESTICIDES AND CHEMIGATION
22-3404.Pesticide and chemigation applicators -- Classification licensing
requirements. (1) The director may classify pesticide applicator licenses issued
under this act. Such classifications may include, but are not limited
to, professional and private applicators. Separate licensing requirements
and testing procedures may be utilized for each classification.
(2) Professional
Applicators -- no person shall act as a professional applicator without
first obtaining a professional applicator’s license issued by
the department.
(a) Application
for a license shall be on a form prescribed by the department and
shall be accompanied by a fee as prescribed by rule; and
(b) on the
application for a license to perform chemigation, the applicant must
certify that the equipment and system he plans to use for chemigation
meet department standards and that the owner and persons operating
the equipment have read the Idaho rules for chemigation and that the
owner intends to operate and maintain the chemigation system according
to the rules. On the application for licensure, the department may
require other information as it deems necessary; and
(c) an applicant
must be at least eighteen (18) years of age and must pass the department’s
examination in order to demonstrate his knowledge of how to apply,
use and handle pesticides or chemicals in areas relevant to the operations
he intends to undertake, or proper equipment and methods for injecting
chemicals through irrigation systems; and
(d) show
proof of financial responsibility as prescribed by rule; and
(e) an examination
fee will be charged as prescribed by rule and an additional examination
fee of five dollars ($5.00) shall be charged when an exam is requested
at other than a regularly scheduled examination date; and
(f) if at
any time a licensed professional applicator fails to maintain the
financial responsibility required by paragraph (d) of this subsection,
his license shall be automatically suspended until the department
receives verification that he is in compliance with paragraph (d)
of this subsection.
(3) Private
Applicator -- no person shall act as a private applicator without
first obtaining a private applicator license issued by the department.
(a) Application
for a license shall be on a form prescribed by the department; and
(b) on the
application for a license to perform chemigation, the applicant must
certify that the equipment and system he plans to use for chemigation
meet department standards and that the owner and persons operating
the equipment have read the Idaho rules for chemigation and that the
owner intends to operate and maintain the chemigation system according
to the rules. On the application for licensure, the department may
require other information as it deems necessary; and
(c) an applicant
must be at least eighteen (18) years of age and must pass the department’s
examination in order to demonstrate his knowledge of how to apply,
use and handle pesticides or chemicals in areas relevant to the operations
he intends to undertake or proper equipment and methods for injecting
chemicals through irrigation systems; and
(d) an applicant
must pay a license fee as prescribed by rule.
(4) If the
director finds an applicant qualified for a professional or private
applicator’s license; and if an applicant applying for a license
to engage in the application of pesticides or chemicals has met all
of the requirements of any applicable federal or state laws, regulations
and rules, the director shall issue the license. The license or permit
may restrict the applicant to the use of a certain type or types of
equipment, pesticides or chemicals. If a license or permit is not
issued as applied for, the department shall inform the applicant in
writing of the reasons therefor.
(5) The
director may by rule require professional applicators to maintain
and furnish records forthwith pertaining to the application of pesticides
and other relevant information as he may deem necessary.
(6) Licenses
issued to dealers, professional and private applicators shall expire
as designated by the director unless suspended or revoked as provided
for in section 22-3409, Idaho
Code. (7) Exemptions:
(a) The
following persons are exempt from subsections (2), (3) and (4) of
this section unless the person is applying chemicals through an irrigation
system:
1. Any person
applying pesticides other than restricted-use pesticides for himself
or on an exchange of service basis, and who does not publicly hold
himself out as a professional applicator; and
2. any person
using hand-powered equipment to apply pesticides other than restricted-use
pesticides to lawns, or to ornamental trees and shrubs owned by such
person, or as an incidental part of his business of taking care of
yards for remuneration, and is not holding himself out as a professional
applicator; and
3. any industry,
governmental, University of Idaho research personnel and extension
research personnel who apply pesticides other than restricted-use
pesticides to experimental plots or to demonstrate the use of pesticides;
and
4. any veterinarian
who applies pesticides as an integral part of his business and does
not publicly hold himself out as a professional applicator.
(b) Federal,
state, and other governmental agencies are exempt from the licensing
fees provision of subsections (2) and (3) of this section.
(c) Professional
applicators who do not apply pesticides may receive an exemption from
the proof of financial responsibility required in subsection (2)(d)
of this section, upon submitting a completed form prescribed by the
department.
Idaho Statutes