§ 17-37-208 - Licensing standards.
17-37-208. Licensing standards.
(a) In promulgating regulations under this chapter, the State Plant Board shall prescribe standards for the licensing of applicators of pesticides.
(b) The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved.
(c) (1) In determining standards, the board shall consider the characteristics of the pesticide formulation such as:
(A) The acute dermal and inhalation toxicity;
(B) The persistence, mobility, and susceptibility to biological concentration;
(C) The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;
(D) The relative hazards of patterns of use such as granular soil applications, ultra low volume or dust aerial applications, or air blast sprayer applications; and
(E) The extent of the intended use.
(2) Further, the board shall take into consideration standards of the Environmental Protection Agency and is authorized to adopt these standards by regulation.