Missouri Revised Statutes
Chapter 281 - Pesticides
Section 281.040 - Private applicator's license, qualifications for — training, review committee — duration, renewal — provisional license, automatic conversion to permanent license, when.

There are multiple enactments of 281.040
Effective - 01 Jan 2024, 2 histories
281.040. Private applicator's license, qualifications for — training, review committee — duration, renewal — provisional license, automatic conversion to permanent license, when. — 1. No private applicator shall use any restricted use pesticide unless the private applicator first complies with the requirements determined pursuant to subsection 3 of this section, as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.
2. No certified private applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional private applicator.
3. The private applicator shall qualify for a certified private applicator's license or a certified provisional private applicator's license by attending an approved certification training program provided by University of Missouri Extension, completing an online certification training program provided by University of Missouri Extension, or by passing the required private applicator certification examination provided by the director on the use, handling, storage, and application of restricted use pesticides in the proper certification categories as specified by regulation. The content of the instruction shall be determined and revised as necessary by the director. Upon completion of the certification training program, completion of the online certification training program, or passage of the required private applicator certification examination, the director shall issue a certified private applicator's license or certified provisional private applicator's license to the applicant. The director shall not collect a fee for the issuance of such license. University of Missouri Extension shall collect reasonable fees for study materials and for enrollment in certification or recertification programs administered in-person or online. Such fees shall be assessed based on the majority decision of a review committee convened every five years or as needed by the director. Such fees shall not exceed seventy-five dollars per program per applicant unless the members of the review committee representing statewide agricultural organizations vote unanimously in favor of setting the fee in an amount in excess of seventy-five dollars. Such committee shall be provided revenue and expense information for the training program from the University of Missouri Extension and information on the content of the instruction and method of delivery from the director. The review committee shall also determine a maximum in-seat training time limit for the training programs. The committee shall report its minutes, fee decisions, time limitation decisions, and its evaluation of the training provided to the chairs of the house of representatives and senate agriculture or equivalent committees. The review committee shall be composed of five members including:
(1) The director;
(2) The director of the University of Missouri Extension, or such director's* designee;
(3) The president of a statewide corn producers organization who actively grows corn, or such president's* designee;
(4) The president of a statewide soybean producers organization who actively grows soybeans, or such president's designee*; and
(5) The president of the state's largest general farm membership organization, or such president's designee*.
4. A certified private applicator's license shall expire five years from date of issuance and may then be renewed without charge or additional fee. Any certified private applicator holding a valid license may renew that license for the next five years upon successful completion of approved recertification training or by passing the required private applicator certification examination.
5. On the date of the certified provisional private applicator's eighteenth birthday, such certified provisional private applicator's* license shall and will automatically be converted to a certified private applicator license reflecting the original expiration date from issuance. A certified provisional private applicator's license shall expire five years from date of issuance and may then be renewed as a certified private applicator's license without charge or additional fee.
6. If the director does not qualify the private applicator under this section, the director shall inform the applicant in writing of the reasons therefor.
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(L. 1974 S.B. 431 § 7, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2005 S.B. 355, A.L. 2021 H.B. 476 merged with S.B. 26)
Effective 1-01-24, see § 281.102
*Words "his or her" appear in original rolls of H.B. 476, 2021.

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.