4.10.503 PESTICIDE DEALERS REQUIREMENTS AND STANDARDS
(1) Licensed pesticide dealers may purchase, sell, offer for sale, or distribute any pesticide classified as general or restricted use registered in that state. Dealers will not be allowed to handle certain restricted pesticides which are registered for use, sale, or distribution by government agencies only.
(2) New applicants for a dealer license must pass a written examination prior to issuance of a license by the department. An applicant not receiving a passing score on the first examination and upon notification of failure, may retake the examination seven days after notification. Applicants failing the second examination and upon notification of failure, may retake the examination 15 days after notification. Applicants failing the third examination shall not be allowed to retake the examination until the next licensing period beginning January 1 the next year. Applicants may be reexamined at the department's Helena office or the applicant may make arrangements for reexamination at other locations in the state or in other states at the convenience and approval of the department.
(3) Competency of applicants by written examination shall be determined by their knowledge of the subjects and materials set forth in the (Pesticide Applicator Certification Core Manual), including future revisions and any other manual, guide, or materials required by the department. Examination questions will be derived from these manuals. Their degree of difficulty will be based upon the degree of importance established by the department for the various subjects. The examination must consist of but not be limited to questions on pesticide legislation; regulations and guidelines; safety and toxicology; disposal; storage and transportation; effects on animals, plants, and environment; fish and wildlife; alternatives to chemicals; pollinating insects; selection of control methods; factors affecting pesticide applications; classification and formulations of insecticides; fungicides, herbicides, and other pesticides and their uses; definitions; and recommendations for use of pesticides. The minimum passing examination score for applicants to be licensed as dealers shall be 80%.
(4) Dealers shall be required to requalify for licensing prior to December 31, 1986, and by the end of every fourth year thereafter. Dealer requalification must be accomplished by either passing a dealer examination or by attending 12 hours of training approved by the department. Courses must be either six, five, four, three, or two hours of training. A dealer attending pesticide training courses must have written verification of his/her attendance.
(a) Dealers licensed prior to April 30, 2010 who did not receive a score of 80% or higher on their core pesticide examination must retest or have obtained 12 hours of recertification training approved by the department before April 30, 2011.
(5) The department retains the right to approve or disapprove training courses relative to meeting the qualifications for relicensing. Training course sponsors must petition the department for approval of their courses 30 days prior to being held. The petition must include dates, time, location, projected attendance, speakers, and synopsis of their presentations.
(6) The department may require dealers to pass an examination during any licensing period on new pesticide technology.
(7) A dealer, not renewing and maintaining his license and qualification, within the established qualification period shall be required to retake and pass the examination prior to the issuance of a new license at the beginning of the next qualification period. The dealer may maintain his qualifications by attending approved requalification programs for a time period not to exceed four years. The dealer will be required to maintain his records of requalification for submission to the department for relicensing. The department will not maintain qualification data for persons that have not relicensed. The department reserves the right to require special examination(s) on new requirements or technology.
(8) A licensed dealer changing his employment to another company or business within a licensing period shall be required to submit to the department the license and any employee credentials for cancellation by the department. The dealer, by submission of a written request or application, may request the issuance of a new license. If the dealer paid the license fee, the department will issue the license. If a dealership or company originally employing the dealer paid the license fee, the department shall not reissue the license to the dealer or the dealer's new employer. If the company paid for the licensing fee, the department will credit the fee to the company for issuance of another dealer's license by the department within the same licensing period, provided that the license must not be issued until the applicant passes the required written examination or is already a licensed dealer. Licenses and license fees must not be transferable between licensing periods.
(9) A licensed dealer or employees supervised by the dealer shall only sell restricted-use pesticides to other dealers, certified commercial, public utility, or governmental applicators, to noncommercial certified applicators, or to certified farm applicators or their credentialed family members or employees. The dealer or dealer's employees shall only sell to a certified applicator the pesticide or pesticides within the group or class of pesticides stated on the license or permit.
(10) Dealers are allowed to sell restricted-use pesticides to persons possessing proper identification or credentials issued by the department. These credentials will state that the person is purchasing the pesticide under the name and license or permit number of a certified applicator and that the certified applicator supervises the use of the pesticide by that person. Sale of restricted-use pesticides to any person other than certified applicators or persons with departmental credentials is illegal. Such sales to any person must subject a dealer to immediate revocation of the license.
History: 80-8-105, MCA; IMP, 80-8-105, 80-8-207, 80-8-208, MCA; NEW, Eff. 7/5/76; AMD, 1978 MAR p. 152, Eff. 4/25/78; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2010 MAR p. 909, Eff. 4/16/10.