sb 0317

CHAPTER 215

SB 317 – FINAL VERSION

AN ACT relative to registration of pesticide applicators and rules of the pesticide control board.

SPONSORS: Sen. Below, Dist 5; Sen. Johnson, Dist 2; Sen. Odell, Dist 8

This bill requires that an application accompany the annual pesticide applicator registration fee, and requires the pesticide control board to adopt rules concerning the issuance of administrative orders.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to registration of pesticide applicators and rules of the pesticide control board.

Be it Enacted by the Senate and House of Representatives in General Court convened:

I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration with a fee of $20 shall be collected by the division for each commercial or private applicator registration, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The board shall by rule establish the criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicator, private applicator, and commercial applicator for hire. Each application for registration shall contain such information regarding the applicant's qualifications and proposed operations and other relevant matters as the division may require. Every person applying for a registration certificate shall be required to demonstrate by examination, or by such other means as the board by rule may establish, his competency and ability to use pesticides in accordance with standards of the board. The division shall require from each applicant proof of financial responsibility in amounts to be determined under rules adopted by the board. Registered applicators shall maintain routine operational records pursuant to the rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted by an applicant for renewal of a certificate of registration. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a certificate of registration.

II. No person, other than a commercial applicator, shall apply pesticides in this state without first obtaining a written permit from the division except as provided in RSA 430:46. An annual application for a permit with a fee of $20 shall be collected by the division for each permit, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The division shall require each applicant for a permit to demonstrate, by examination or other procedure prescribed by the board in rules, the applicant's competence and ability to use pesticides in accordance with standards of the board. Permit holders shall maintain routine operational records pursuant to rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted to the division by an applicant for renewal of a permit. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a permit.

215:2 New Subparagraph; Rulemaking. Amend RSA 430:31, IV by inserting after subparagraph (x) the following new subparagraph:

(y) The issuance of any order by the division pursuant to RSA 430:42, II concerning a violation of any provision of this subdivision or violation of any permit or certificate of registration issued under this subdivision.