281.040. Private applicator's license, qualifications for, duration, renewal--emergency use of restricted pesticides, when authorized.

Private applicator's license, qualifications for, duration,renewal--emergency use of restricted pesticides, whenauthorized.

281.040. 1. No private applicator shall use any restricted-usepesticide unless he first complies with the requirements determinedpursuant to subsection 2 or 5 of this section, as necessary to preventunreasonable adverse effects on the environment, including injury to theapplicator or other persons, for that specific pesticide use.

2. The private applicator shall qualify for a certified privateapplicator's license by either attending a course or completing an on-linecourse of instruction provided by the director on the use, handling,storage and application of restricted-use pesticides. The content of theinstruction shall be determined and revised as necessary by the director.Upon completion of the course, the director shall issue a certified privateapplicator's license to the applicant. The director shall not collect afee for the issuance of such license, but the University of Missouriextension service may collect a fee for the actual cost of the materialsnecessary to complete the course of instruction. However, no fee shall beassessed or collected from an individual completing an on-line course ofinstruction. Both the director of the department and of the University ofMissouri extension service shall review such costs annually.

3. A certified private applicator's license shall expire five yearsfrom date of issuance and may then be renewed without charge or additionalfee. Any certified private applicator holding a valid license may renewthat license for the next five years without additional training unless thedirector determines that additional knowledge related to the use ofagricultural pesticides makes additional training necessary.

4. If the director does not qualify the private applicator under thissection he shall inform the applicant in writing of the reasons therefor.

5. The private applicator may apply to the director, or hisdesignated agent, for a private applicator permit for the one-timeemergency purchase and use of restricted use pesticides. When the privateapplicator has demonstrated his competence in the use of the pesticides tobe purchased and used on a one-time emergency basis, he shall be issued apermit for the one-time emergency purchase and use of restricted usepesticides. The director or his designated agent shall not collect a feefor the issuance of such permit.

(L. 1974 S.B. 431 § 7, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2005 S.B. 355)