2005 Idaho Code - 22-3404 — PESTICIDE AND CHEMIGATION APPLICATORS -- CLASSIFICATION LICENSING REQUIREMENTS

                                  TITLE  22
                         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.