Missouri Revised Statutes
Chapter 281 - Pesticides
Section 281.038 - Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee.

There are multiple enactments of 281.038
Effective - 01 Jan 2024, 3 histories
281.038. Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee. — 1. No individual working under the direct supervision of a certified commercial applicator shall determine the need for the use of or use any general use pesticide or minimum risk pesticide in categories as specified by regulation, unless and until the individual has met the requirements of sections 281.010 to 281.115.
2. Application for a pesticide technician's license shall be submitted to the director on a designated form obtained from the department. Each application shall include such information as prescribed by the director by regulation and shall be received by the director within forty-five days of employment of the pesticide technician or pesticide technician trainee.
3. The director shall not issue a pesticide technician's license until the individual has demonstrated the applicant's competence by completion of an approved training program to the satisfaction of the director.
4. The director may renew any pesticide technician's license under the classification for which that applicant is licensed subject to completion of an additional approved training program to the satisfaction of the director as prescribed by regulation.
5. The director shall collect a fee of thirty-five dollars for each pesticide technician license issued.
6. If the director finds the applicant qualified to use pesticides in the classification for which application has been made, the director shall issue a pesticide technician's license limited to the classifications for which the applicant is qualified, which shall expire one year from date of issuance unless the license has been revoked or suspended prior thereto by the director for cause. The director may limit the license of the applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified. If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons for such denial of license.
7. In order for pesticide technicians to use or determine the need for the use of any general use pesticide:
(1) A certified commercial applicator shall and must be licensed to work from the same physical location as the pesticide technician; and
(2) The licensed certified commercial applicator shall and must be certified in the same use categories as the pesticide technician as specified by regulation.
8. A pesticide technician may complete retraining requirements and renew the technician's license without a certified commercial applicator working from the same physical location.
­­--------
(L. 1988 H.B. 1384, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26)
Effective 1-01-24, see § 281.102

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVII - Agriculture and Animals

Chapter 281 - Pesticides

Section 281.005 - Preemption of all ordinances and rules of political subdivisions.

Section 281.010 - Short title.

Section 281.015 - Director of agriculture to administer.

Section 281.015 - Director of agriculture to administer.

Section 281.020 - Definitions.

Section 281.020 - Definitions.

Section 281.023 - Director may enter into cooperative agreements with political subdivisions.

Section 281.025 - Director may issue regulations — notice, how given — list of restricted use pesticides, adoption of — public hearings, when — rulemaking procedure.

Section 281.025 - Director may issue regulations — notice, how given — list of restricted use pesticides, adoption of — public hearings, when — rulemaking procedure.

Section 281.030 - Classification of licenses, how made — rulemaking powers — fees.

Section 281.030 - Classification of licenses, how made — rulemaking powers — fees.

Section 281.035 - Certified commercial applicator's license required when, annual fee — application for license, how made — examinations — records to be kept — incapacity of sole certified applicator, effect of — display of license — change of addres...

Section 281.035 - Certified commercial applicator's license required when, annual fee — application for license, how made — examinations — records to be kept — incapacity of sole certified applicator, effect of.

Section 281.037 - Certified noncommercial applicator's license, when required — application for license, examination, fee — scope of license — records to be kept — display of license — change of address, notice.

Section 281.037 - Certified noncommercial applicator's license, when required — application for certified noncommercial applicator's license, examination, fee — scope of license — records to be kept.

Section 281.038 - Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee.

Section 281.038 - Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee.

Section 281.040 - Private applicator's license, qualifications for — training, review committee — duration, renewal — provisional license, automatic conversion to permanent license, when.

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

Section 281.045 - Certified operator license, when required — application, requirements, examination — maintenance of records — liability of governmental agencies — display of license — change of address, notice — volunteers, use of pesticides withou...

Section 281.045 - Certified operator license, when required — application, requirements, examination — maintenance of records — liability of governmental agencies.

Section 281.048 - Noncertified RUP applicator license — application, issuance and renewal, fee — authority of licensee, limitation by director, when — notification by licensee of changes — retraining — display of license.

Section 281.050 - Pesticide dealer's license required, fee, qualifications — grounds for suspension or revocation — restricted use of pesticides, sale or transfer, to whom, exception — records to be kept — change of address, notice of.

Section 281.050 - Pesticide dealer's license required, fee, qualifications — grounds for suspension or revocation — restricted use of pesticides, sale or transfer, to whom, exception — records to be kept — change of address, notice of.

Section 281.055 - Late renewal of license, penalty, reexamination, when — director to provide guideline book, fee for book.

Section 281.055 - Late renewal of license, penalty, reexamination, when — director to provide guideline book, fee for book.

Section 281.060 - Sanctioning of license, when — civil penalty, when, amount, enforcement of.

Section 281.060 - Revocation, suspension or modification of license, when — civil penalty, when, amount, enforcement of.

Section 281.061 - Inspection with consent of owner of premises — search warrant to issue, when — director may bring action to enjoin, when.

Section 281.063 - Director may subpoena witnesses and documents, when.

Section 281.063 - Director may subpoena witnesses and documents, when.

Section 281.065 - Bond or insurance required, amount — deductible clause accepted, when — new surety, when — liability, effect of chapter on.

Section 281.065 - Bond or insurance required — deductible clause accepted, when — new surety, when — liability, effect of chapter on.

Section 281.070 - Damage claims to be filed with director, when due — duties of director — failure to file, effect of — investigation or hearing, powers of director.

Section 281.070 - Damage claims to be filed with director, when due — duties of director — failure to file, effect of — investigation or hearing, powers of director.

Section 281.075 - Reciprocal licensing authorized, when.

Section 281.075 - Reciprocal licensing authorized, when — agent to be designated by nonresidents.

Section 281.080 - Exemptions.

Section 281.085 - Pesticide containers, regulation of, handling of.

Section 281.085 - Pesticide containers, regulation of, handling of.

Section 281.090 - Stop orders, when — effect of.

Section 281.095 - Appeals, how taken.

Section 281.100 - Instructional courses, how conducted.

Section 281.101 - Unlawful acts.

Section 281.101 - Unlawful acts.

Section 281.102 - Delayed effective date.

Section 281.105 - Penalty for violations.

Section 281.110 - Authorization to accept federal aid.

Section 281.115 - Director's rules, ratification of.

Section 281.116 - Inspectors for wood-destroying insects, licenses required.

Section 281.120 - Herbicides, use on crops not labeled for — definitions — civil penalties, when — complaint investigation — rulemaking authority.

Section 281.210 - Citation of law — administration by director of agriculture.

Section 281.220 - Definitions.

Section 281.230 - Rules and regulations, authority.

Section 281.240 - Conditions under which pesticides may be sold, distributed or transported — other acts prohibited.

Section 281.250 - Exemptions.

Section 281.260 - Registration of pesticides — renewal — fees — powers of director — cancellation of registration on notice and hearing — experimental use permit issued when — revocation.

Section 281.265 - Pesticide education fund created, use of moneys.

Section 281.270 - Inspection, limitations — search warrant may be issued, when — violations, prosecuting attorney's duties.

Section 281.280 - Examination of samples — noncompliance with regulations, notice, opportunity to present views — violation, director's powers and duties.

Section 281.290 - Cooperation and agreements with agencies, states, political subdivisions and the United States, authorized.

Section 281.300 - Seizure and condemnation of unlawful pesticides — director's powers and duties.

Section 281.310 - Penalties for violations.