The department shall not issue a commercial pesticide applicator license until the applicant has furnished evidence of financial responsibility with the department consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. However, the surety bond or liability insurance policy need not apply to damages or injury to land being worked upon by the applicant. The department shall not accept a surety bond or liability insurance policy except from authorized insurers or surplus line brokers authorized to do business in the state.
A. The amount of the surety bond or liability insurance as provided for in this section shall be set by the board. The surety bond or liability insurance shall be maintained, at a sum not less than that specified by the board, at all times during the license period. The department shall be notified ten days prior to any reduction made at the request of the applicant or cancellation of the surety bond or liability insurance by the surety or insurer. The department may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount prescribed by the board. If the applicant has not satisfied the requirements of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the department unless the applicant furnishes the department with a surety bond or liability insurance which shall satisfy the amount of the deductible pertaining to all claims that may arise in his application of pesticides.
B. The applicator license shall, whenever the surety bond or insurance policy of the licensee is reduced below the requirements of the Pesticide Control Act and regulations adopted pursuant thereto, be automatically suspended until the surety bond or insurance policy again meets these requirements. The department may retrieve the license plates or decal of the licensee during the period of automatic suspension and return them only when the licensee has furnished the department with written proof that he is again in compliance.
C. Nothing in the Pesticide Control Act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides, even though such use conforms to the rules and regulations of the board.
History: 1953 Comp., § 45-25-24, enacted by Laws 1973, ch. 366, § 24.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 C.J.S. Agriculture § 101.
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.