§ 23-25-12. Licenses for commercial applicators — Rules and regulations.
(a) No commercial applicator shall apply any pesticide classified for general use by EPA or the director unless that application is by or under the direct supervision of a person certified under § 23-25-13 or licensed under this section; provided, that the application may be made without compliance with § 23-25-13 or this section on land owned or rented by the applicator or his or her employer.
(b) The director is authorized to adopt rules and regulations, including but not limited to regulations:
(1) Establishing procedures for filing a license application, applicant qualifications, license classifications if necessary, standards, and the scope and types of examinations necessary to carry out the intent of this chapter;
(2) Establishing license fees not to exceed thirty dollars ($30.00);
(3) Establishing the term during which a license remains valid (unless suspended or revoked for cause), expiration dates, credentials, and requirements for renewal (which may include reexamination if deemed necessary);
(4) Enabling the transfer of existing licenses to classifications established under this section with or without re-examination;
(5) Establishing limits of liability covering the applicant’s spraying operations;
(6) Requiring the display of a decal, indicating that the applicant has met the requirements of this chapter, in a prominent place on any vehicle used in the applicant’s spraying operations;
(7) Prescribing exceptions for utility and other employees who are not normally involved in pesticide applications but who may find it necessary when performing their normal tasks to use a general use pesticide to protect themselves from attacks by wasps, hornets, or other biting or stinging insects.
(c) If the director does not qualify an applicant for a license or renewal or suspends or revokes a license for any violation under this chapter, the director shall inform the applicant in writing of the reasons for revocation and, if requested, provide opportunity for a hearing before the director.
History of Section.P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-12; P.L. 1979, ch. 39, § 1; P.L. 1992, ch. 133, art. 22, § 3.
Structure Rhode Island General Laws
Chapter 23-25 - Pesticide Control
Section 23-25-1. - Short title.
Section 23-25-2. - Enforcing official.
Section 23-25-3. - Declaration of purpose.
Section 23-25-4. - Definitions. [Effective until January 1, 2024.]
Section 23-25-5. - Misbranded.
Section 23-25-6. - Registration.
Section 23-25-6.1. - Registration fee — Surcharge.
Section 23-25-7. - Experimental use permits.
Section 23-25-8. - Refusal to register — Cancellation — Suspension — Legal recourse.
Section 23-25-10. - Applicator categories for certification — Standards.
Section 23-25-11. - Prohibitions for applicators.
Section 23-25-12. - Licenses for commercial applicators — Rules and regulations.
Section 23-25-13. - Certification of commercial applicators — Renewal — Regulations.
Section 23-25-14. - Certification of private applicators — Renewal — Regulations.
Section 23-25-16. - Monitoring of environment.
Section 23-25-19. - Storing and disposal of pesticides and pesticide containers.
Section 23-25-20. - Enforcement.
Section 23-25-21. - “Stop sale, use, or removal” order.
Section 23-25-22. - Judicial action after “stop sale, use, or removal” order.
Section 23-25-24. - Cooperation with other agencies.
Section 23-25-25. - Publication of information.
Section 23-25-26. - Reports of pesticide accidents or incidents.
Section 23-25-27. - Subpoenas.
Section 23-25-28. - Penalties.
Section 23-25-29. - Protection of trade secrets and other information.
Section 23-25-30. - Delegation of director’s duties.
Section 23-25-31. - Reciprocal agreements.
Section 23-25-32. - Budget — Receipt and disposition of funds.
Section 23-25-33. - Severability.
Section 23-25-34. - Prior liability.
Section 23-25-35. - Repeal of inconsistent acts.
Section 23-25-36. - Protective clothing and equipment.
Section 23-25-37. - Pesticide applications and notification of pesticide applications at schools.
Section 23-25-39. - Report on lawn care pesticide use.
Section 23-25-40. - Neonicotinoids restricted. [Effective January 1, 2024.]