State Codes and Statutes

Statutes > Missouri > T17 > C281 > 281_050

Pesticide dealer's license required, fee, qualifications--grounds forsuspension or revocation--restricted use of pesticides, sale ortransfer, to whom, exception--records to be kept--change of address,notice of.

281.050. 1. No individual shall act in the capacity of apesticide dealer or shall engage in the business of, advertiseas, or assume to act as a pesticide dealer unless he has obtaineda license from the director which shall expire one year from dateof issuance. An individual shall be required to obtain a licensefor each location or outlet from which such pesticides aredistributed, sold, held for sale, or offered for sale at retailor wholesale direct to the end user. Pesticide dealers may bedesignated by the director as agents of the state for the purposeof issuing permits for restricted use pesticides to privateapplicators.

2. Application for a pesticide dealer's license shall bemade on a designated form obtained from the director's office.The director shall collect a fee of twenty-five dollars for theissuance of each license. The provisions of this section shallnot apply to a pesticide applicator who sells pesticides only asan integral part of his pesticide application service when suchpesticides are dispensed only through apparatuses used for suchpesticide applications. The provisions of this section shall notapply to any federal, state, or county agency which providespesticides for its own programs.

3. Each applicant shall satisfy the director as to hisknowledge of the laws and regulations governing the use and saleof pesticides and his responsibility in carrying on the businessof a pesticide dealer. Each licensed pesticide dealer shall beresponsible for insuring that all of his employees and agents whosell or recommend restricted use pesticides have adequateknowledge of the laws and regulations governing the use and saleof such restricted use pesticides.

4. Each pesticide dealer shall be responsible for the actsof each person employed by him in the solicitation and sale ofpesticides and all claims and recommendations for use ofpesticides. The dealer's license shall be subject to denial,suspension, or revocation after a hearing for any violation ofsections 281.010 to 281.115 whether committed by the dealer, orby the dealer's officer, agent or employee.

5. No pesticide dealer shall sell, give away or otherwisemake available any restricted use pesticides to anyone butcertified applicators or operators, or to private applicators whohave met the requirements of subsection 5 of section 281.040, orto other pesticide dealers, except that pesticide dealers mayallow the designated representative of such certifiedapplicators, operators or private applicators to take possessionof restricted use pesticides when those restricted use pesticidesare purchased by and for use by or under the direct supervisionof such certified applicator, operator or private applicator.

6. The director shall require the pesticide dealer, or hisemployer, to maintain books and records with respect to sales ofrestricted use pesticides. Such relevant information as thedirector may deem necessary may be specified by regulation. Suchrecords shall be kept for a period of three years from the dateof sale of the restricted use pesticide to which such recordsrefer, and the director shall upon request in writing befurnished with a copy of such records by any licensed pesticidedealer or his employer.

7. Every licensed pesticide dealer who changes his addressor place of business shall immediately notify the director.

(L. 1974 S.B. 431 § 9, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90

State Codes and Statutes

Statutes > Missouri > T17 > C281 > 281_050

Pesticide dealer's license required, fee, qualifications--grounds forsuspension or revocation--restricted use of pesticides, sale ortransfer, to whom, exception--records to be kept--change of address,notice of.

281.050. 1. No individual shall act in the capacity of apesticide dealer or shall engage in the business of, advertiseas, or assume to act as a pesticide dealer unless he has obtaineda license from the director which shall expire one year from dateof issuance. An individual shall be required to obtain a licensefor each location or outlet from which such pesticides aredistributed, sold, held for sale, or offered for sale at retailor wholesale direct to the end user. Pesticide dealers may bedesignated by the director as agents of the state for the purposeof issuing permits for restricted use pesticides to privateapplicators.

2. Application for a pesticide dealer's license shall bemade on a designated form obtained from the director's office.The director shall collect a fee of twenty-five dollars for theissuance of each license. The provisions of this section shallnot apply to a pesticide applicator who sells pesticides only asan integral part of his pesticide application service when suchpesticides are dispensed only through apparatuses used for suchpesticide applications. The provisions of this section shall notapply to any federal, state, or county agency which providespesticides for its own programs.

3. Each applicant shall satisfy the director as to hisknowledge of the laws and regulations governing the use and saleof pesticides and his responsibility in carrying on the businessof a pesticide dealer. Each licensed pesticide dealer shall beresponsible for insuring that all of his employees and agents whosell or recommend restricted use pesticides have adequateknowledge of the laws and regulations governing the use and saleof such restricted use pesticides.

4. Each pesticide dealer shall be responsible for the actsof each person employed by him in the solicitation and sale ofpesticides and all claims and recommendations for use ofpesticides. The dealer's license shall be subject to denial,suspension, or revocation after a hearing for any violation ofsections 281.010 to 281.115 whether committed by the dealer, orby the dealer's officer, agent or employee.

5. No pesticide dealer shall sell, give away or otherwisemake available any restricted use pesticides to anyone butcertified applicators or operators, or to private applicators whohave met the requirements of subsection 5 of section 281.040, orto other pesticide dealers, except that pesticide dealers mayallow the designated representative of such certifiedapplicators, operators or private applicators to take possessionof restricted use pesticides when those restricted use pesticidesare purchased by and for use by or under the direct supervisionof such certified applicator, operator or private applicator.

6. The director shall require the pesticide dealer, or hisemployer, to maintain books and records with respect to sales ofrestricted use pesticides. Such relevant information as thedirector may deem necessary may be specified by regulation. Suchrecords shall be kept for a period of three years from the dateof sale of the restricted use pesticide to which such recordsrefer, and the director shall upon request in writing befurnished with a copy of such records by any licensed pesticidedealer or his employer.

7. Every licensed pesticide dealer who changes his addressor place of business shall immediately notify the director.

(L. 1974 S.B. 431 § 9, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T17 > C281 > 281_050

Pesticide dealer's license required, fee, qualifications--grounds forsuspension or revocation--restricted use of pesticides, sale ortransfer, to whom, exception--records to be kept--change of address,notice of.

281.050. 1. No individual shall act in the capacity of apesticide dealer or shall engage in the business of, advertiseas, or assume to act as a pesticide dealer unless he has obtaineda license from the director which shall expire one year from dateof issuance. An individual shall be required to obtain a licensefor each location or outlet from which such pesticides aredistributed, sold, held for sale, or offered for sale at retailor wholesale direct to the end user. Pesticide dealers may bedesignated by the director as agents of the state for the purposeof issuing permits for restricted use pesticides to privateapplicators.

2. Application for a pesticide dealer's license shall bemade on a designated form obtained from the director's office.The director shall collect a fee of twenty-five dollars for theissuance of each license. The provisions of this section shallnot apply to a pesticide applicator who sells pesticides only asan integral part of his pesticide application service when suchpesticides are dispensed only through apparatuses used for suchpesticide applications. The provisions of this section shall notapply to any federal, state, or county agency which providespesticides for its own programs.

3. Each applicant shall satisfy the director as to hisknowledge of the laws and regulations governing the use and saleof pesticides and his responsibility in carrying on the businessof a pesticide dealer. Each licensed pesticide dealer shall beresponsible for insuring that all of his employees and agents whosell or recommend restricted use pesticides have adequateknowledge of the laws and regulations governing the use and saleof such restricted use pesticides.

4. Each pesticide dealer shall be responsible for the actsof each person employed by him in the solicitation and sale ofpesticides and all claims and recommendations for use ofpesticides. The dealer's license shall be subject to denial,suspension, or revocation after a hearing for any violation ofsections 281.010 to 281.115 whether committed by the dealer, orby the dealer's officer, agent or employee.

5. No pesticide dealer shall sell, give away or otherwisemake available any restricted use pesticides to anyone butcertified applicators or operators, or to private applicators whohave met the requirements of subsection 5 of section 281.040, orto other pesticide dealers, except that pesticide dealers mayallow the designated representative of such certifiedapplicators, operators or private applicators to take possessionof restricted use pesticides when those restricted use pesticidesare purchased by and for use by or under the direct supervisionof such certified applicator, operator or private applicator.

6. The director shall require the pesticide dealer, or hisemployer, to maintain books and records with respect to sales ofrestricted use pesticides. Such relevant information as thedirector may deem necessary may be specified by regulation. Suchrecords shall be kept for a period of three years from the dateof sale of the restricted use pesticide to which such recordsrefer, and the director shall upon request in writing befurnished with a copy of such records by any licensed pesticidedealer or his employer.

7. Every licensed pesticide dealer who changes his addressor place of business shall immediately notify the director.

(L. 1974 S.B. 431 § 9, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90