A. A noncommercial applicator shall not use a restricted use or state restricted use pesticide without having a valid current noncommercial applicator license issued by the department for the license use categories and subcategories in which the pesticide application is made.
B. Application for an original or renewal license shall be on a form prescribed by the department. An annual prescribed fee shall be charged for each noncommercial applicator license issued.
C. The department shall not issue a noncommercial applicator license until the applicant has passed a written certification examination to demonstrate to the department the applicant's knowledge of how to apply pesticides under the classifications for which the applicant has applied and the applicant's knowledge of the nature and effect of pesticides the applicant may apply under such classifications.
D. The department shall renew any applicant's license under the classification for which the applicant is certified; provided that the applicant's license is not under a suspension or revocation order and the applicant has complied with the provisions of the Pesticide Control Act.
E. Nothing in this section shall imply the right to apply pesticides for hire without first having obtained a commercial applicator license.
History: Laws 1979, ch. 394, § 8; 2009, ch. 101, § 3; 2009, ch. 109, § 3.
The 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted the phrase "Any person who is not a private applicator, commercial applicator or public applicator, except a person working under their direct supervision" and added the phrase "A noncommercial applicator".
Laws 2009, ch. 101, § 3 and Laws 2009, ch. 109, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 109, § 3. See 12-1-8 NMSA 1978.
Structure New Mexico Statutes
Section 76-4-2 - Enforcing agency.
Section 76-4-5 - Prohibited acts.
Section 76-4-6 - Registration.
Section 76-4-7 - Experimental use permits.
Section 76-4-8 - Refusal to register; cancellation; suspension.
Section 76-4-9.1 - State preemption.
Section 76-4-10 - Sampling and examination of pesticides or devices; residue analysis.
Section 76-4-11 - "Stop sale, use or removal" order.
Section 76-4-12 - Judicial action after "stop sale, use or removal" order.
Section 76-4-13 - Pesticide dealer license.
Section 76-4-14 - Pest management consultant.
Section 76-4-15 - Public pest management consultant.
Section 76-4-16 - Examinations for pest management consultant license.
Section 76-4-17 - Commercial pesticide applicator license.
Section 76-4-18 - Operator license.
Section 76-4-19 - Application of act to governmental entities; public applicator's license required.
Section 76-4-20 - Private applicators.
Section 76-4-20.1 - Noncommercial applicator license.
Section 76-4-21 - Expiration date of licenses.
Section 76-4-24 - Surety bond or insurance required of commercial pesticide applicators.
Section 76-4-26 - Inspection of equipment.
Section 76-4-27 - License plates or decals for apparatus.
Section 76-4-28 - Farmer or rancher exemption.
Section 76-4-30 - Discarding and storing of pesticides and pesticide containers.
Section 76-4-31 - Access to public or private premises.
Section 76-4-32 - Classification of licenses.
Section 76-4-35 - Persons exempted from certain penalties.
Section 76-4-37 - Publication of information.