32-2311

32-2311. Persons not required to be licensed;
civil penalties; definition

A. This chapter does 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 management or a state agency engaged in research or the study of pest
management.

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 management.
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 management 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 pest management services are needed for
an employee's health and safety in order for the employee to continue performing work
tasks.

8. Except as provided in section 32-2307, volunteers of political subdivisions who
apply herbicides for the purpose of the eradication and control of noxious weeds as
defined in section 3-201 and who are under the immediate supervision of a licensed
applicator. 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) Volunteers of political subdivisions who use application equipment that holds
more than eight gallons of total mixed liquid herbicide.

(d) Volunteers of political subdivisions who use more than twenty-five pounds of a
nonliquid herbicide.

(e) Volunteers of political subdivisions who do not follow label and labeling
directions.

(f) Volunteers of political subdivisions who have not completed an office of pest
management approved herbicide application training program conducted by the political
subdivision.

B. An employee of a political subdivision who engages in pest management:

1. Is not required to be licensed under section 32-2313 or 32-2314.

2. Must be licensed as an applicator under section 32-2312, except as provided by
subsection A, paragraph 4 of this section.

C. 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 management 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.

D. If a person is exempt pursuant to subsection A, paragraph 6 of this section but
does not comply with subsection C of this section or if a person is not licensed under
this chapter and the 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 acting director 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.

E. Volunteers of political subdivisions who are not working under the immediate
supervision of a licensed applicator may be subject to section 32-2304, subsection D,
paragraph 12.

F. For the purposes of this section, "volunteers of political subdivisions" means
persons who work without compensation other than reimbursement of actual expenses
incurred or disbursement of meals or other incidental benefits.