2005 Arizona Revised Statutes - Revised Statutes §32-2311  Persons not required to be licensed; civil penalties

A. This article and articles 1 and 3 of this chapter do not apply to:

1. Persons licensed or certified pursuant to title 3, chapter 2, article 6.

2. Persons applying pesticides on property that they own and occupy.

3. Authorized representatives of any educational institution engaged in research in the study of pest control or a state agency engaged in research or the study of pest control.

4. Employees of political subdivisions or their designated agents while performing emergency response or rescue services.

5. Persons using a nonrestricted, ready to use disinfectant, sanitizer or deodorizer.

6. Except as provided in section 32-2307, persons who are conducting lawn, garden, shrub or tree maintenance and who apply herbicides for the purpose of weed control. This exemption does not apply to:

(a) The use of herbicides that are labeled with the words "restricted use" or "danger" and that are not commercially available to the general public.

(b) The use of sterilants.

(c) Persons who offer weed control as their primary service.

(d) Persons who use application equipment that holds more than eight gallons of total mixed liquid herbicide.

(e) Persons who use more than twenty-five pounds of a nonliquid herbicide.

(f) Persons who do not follow label and labeling directions.

7. A utility and the utility's employees if both of the following apply:

(a) Pest control services are immediately needed for an employee's health and safety in order for the employee to continue performing work tasks.

(b) A qualifying party ensures that employees who conduct pest control services are properly trained, supervised and equipped.

B. A person who is exempt pursuant to subsection A, paragraph 6 of this section shall provide treatment records to each customer on application of herbicides for the purpose of weed control and shall retain records containing the same information provided to customers. For the purposes of this subsection, Treatment records shall include all of the following:

1. The address of the location of the herbicide application.

2. The date of the herbicide application.

3. The trade name or common name of the herbicide applied.

C. If a person is exempt pursuant to subsection A, paragraph 6 of this section but does not comply with subsection B of this section or if a person is not exempt pursuant to subsection A, paragraph 6 of this section as a result of doing something prescribed in subsection A, paragraph 6, subdivisions (a) through (f) of this section, the commission shall:

1. On a first violation, issue a written notice of correction that contains a warning and a copy of this section and that provides full notice of the exemption requirements.

2. On a second violation, impose a civil penalty of not more than two hundred fifty dollars.

3. On a third or any subsequent violation, impose a civil penalty of not more than five hundred dollars.