AGRICULTURE
AND HORTICULTURE
CHAPTER 34
PESTICIDES AND CHEMIGATION
22-3406.Pesticide dealers. No person shall act as a pesticide dealer
without first obtaining a pesticide dealer’s license issued
by the department.
(1) Licensing:
(a) Application
for a pesticide dealer’s license shall be on a form prescribed
by the department and shall be accompanied by a fee as prescribed
by rule; and
(b) an applicant
who sells restricted-use pesticides must pass the department’s
examination and obtain a professional applicator’s license in
order to demonstrate his knowledge of how to use and handle pesticides
in areas relevant to the operation he intends to undertake; and
(c) such
application shall be due as prescribed by rule; and
(d) a license
shall be required for each location, outlet, or warehouse from which
such pesticides are distributed; and
(e) for
an applicant selling restricted-use pesticides 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.
(2) Records
and Reports:
(a) Restricted-use
pesticides or devices: The director shall require a pesticide dealer
to keep accurate sale and distribution records of restricted-use pesticides
or devices as prescribed by rule;
(i) The
director may also require a pesticide dealer to maintain other records
and furnish reports for restricted-use pesticides or devices he determines
necessary to implement the provisions of this act; and
(ii) Records
shall be maintained for three (3) years and be available for inspection
and reproduction by the director at all reasonable times; and
(iii) The dealer
shall be required to post total sales of each restricted-use pesticide
by county and shall not include detailed customer sales records or
customer invoice records. This report shall be furnished to the director
no more than two (2) times per year as prescribed by rule.
(b) General
use pesticides: The director shall require a pesticide dealer to keep
accurate sale and distribution records as prescribed by rule of general
use pesticides except those exempted in subsection (4) of this section.
(i) Records
shall be maintained for three (3) years and be available for inspection
and reproduction by the director at all reasonable times; and
(ii) The
dealer shall be required to report total sales of each general use
pesticide by county and shall not include detailed customer sales
records or customer invoice records. This report shall be furnished
to the director no more than two (2) times per year as prescribed
by rule; and
(iii) The director
may require dealers to furnish other reports of these records in the
case of emergency as provided by rule.
(3) Pesticide
dealers shall sell restricted-use pesticides (RUP) only to licensed
professional and private applicators, and dealers; however, pesticide
dealers may sell an RUP to an unlicensed person provided the application
of the RUP is made by a licensed professional applicator or licensed
private applicator.
(4) Exemptions:
(a) A manufacturer’s
representative or wholesale distributor shall be exempt from subsection
(1) of this section provided such representative or distributor does
not have a warehouse in Idaho that pesticides are sold, stored or
distributed from; and
(b) federal,
state and other governmental agencies are exempt from the examination
and licensing fees of this section; and
(c) the
director may exempt a pesticide from the provisions of subsection
(1) or (2) of this section by rule if it is determined that licensing
or recordkeeping is not necessary for selling the pesticide.
(5) A user
of a pesticide, without obtaining a pesticide dealer’s license,
may for the exclusive purpose of keeping it from becoming a waste,
distribute a properly labeled pesticide to another user who is legally
entitled to use that pesticide.
Idaho Statutes