206.8 - PESTICIDE DEALER LICENSE.
206.8 PESTICIDE DEALER LICENSE.
1. It shall be unlawful for any person to act in the capacity of
a pesticide dealer, or advertise as, or assume to act as a pesticide
dealer at any time without first having obtained a license from the
secretary which shall expire at the end of the calendar year of
issue. A license shall be required for each location or outlet
located within this state from which such pesticides are distributed.
Any manufacturer, registrant, or distributor who has no pesticide
dealer outlet licensed within this state and who distributes such
pesticides directly into this state shall obtain a pesticide dealer
license for the manufacturer's, registrant's, or distributor's
principal out-of-state location or outlet.
2. A pesticide dealer shall pay by June 30 of each year to the
department an annual license fee based on the gross retail sales of
all pesticides sold for use in this state by the dealer in the
previous year. The license fee shall be set as follows:
a. (1) A pesticide dealer with less than one hundred thousand
dollars in gross retail pesticide sales shall have the option to pay
a license fee based on one-tenth of one percent of the gross retail
pesticide sales in the previous year or to pay a license fee
according to the following:
(a) Twenty-five dollars, if the annual gross retail pesticide
sales are less than twenty-five thousand dollars.
(b) Fifty dollars, if the annual gross retail pesticide sales are
twenty-five thousand dollars or more but less than fifty thousand
dollars.
(c) Seventy-five dollars, if the annual gross retail pesticide
sales are fifty thousand dollars or more but less than seventy-five
thousand dollars.
(d) One hundred dollars, if the annual gross retail pesticide
sales are seventy-five thousand dollars or more but less than one
hundred thousand dollars.
(2) The secretary shall provide for a three-month grace period
for licensure and shall impose a late fee of ten dollars upon the
licensure of a dealer applying for licensure during the month of
October, a late fee of fifteen dollars upon the licensure of a dealer
applying for licensure during the month of November, a late fee of
twenty-five dollars upon the licensure of a dealer applying for
licensure during the month of December, and a late fee of twenty-five
dollars upon the licensure of a dealer applying for licensure for
each month after the month of December.
b. (1) A pesticide dealer with one hundred thousand dollars
or more in gross retail pesticide sales shall pay a license fee based
on one-tenth of one percent of the gross retail pesticide sales in
the previous year.
(2) The secretary shall provide for a three-month grace period
for licensure and shall impose a late fee of two percent of the
license fee upon the licensure of a dealer applying for licensure
during the month of October, a late fee of four percent of the
license fee upon the licensure of a dealer applying for licensure
during the month of November, a late fee of five percent of the
license fee upon the licensure of a dealer applying for licensure
during the month of December, and a late fee of five percent upon the
licensure of a dealer applying for licensure for each month after the
month of December.
3. Up to twenty-five dollars of each annual license fee shall be
retained by the department for administration of the program, and the
remaining moneys collected shall be deposited in the agriculture
management account of the groundwater protection fund.
4. Application for a license required for manufacturers and
distributors who are not engaged in the retail sale of pesticides
shall be accompanied by a twenty-five dollar fee for each business
location within the state required to be licensed, and shall be on a
form prescribed by the secretary.
5. This section does not apply to either of the following:
a. A pesticide applicator who applies pesticides which are
owned and furnished to the pesticide applicator by another person, if
the pesticide applicator does not charge for the sale of the
pesticides.
b. A federal, state, county, or municipal governmental entity
which provides pesticides only for its own programs. Section History: Early Form
[C75, 77, 79, 81, § 206.8] Section History: Recent Form
87 Acts, ch 225, § 219, 220; 88 Acts, ch 1156, § 1; 91 Acts, ch
89, §1; 93 Acts, ch 176, § 37; 2009 Acts, ch 41, §84
Referred to in § 206.6, 206.10, 206.12, 455E.11