Mo. Code Regs. tit. 2 § 70-25.156

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 2 CSR 70-25.156 - [Effective 1/1/2025] Responsibilities of Certified Commercial Applicators or Their Employers; Application Requirements, Qualifications, and Stipulations for Pesticide Technician Trainees and Pesticide Technicians

PURPOSE: This amendment updates pesticide technician stipulations and requirements.

(1) Responsibilities of Certified Commercial Applicators or Their Employers for Pesticide Technicians and Pesticide Technician Trainees.

(A) Prior to employment of pesticide technician trainees, certified commercial applicators or their employers must have an approved training program for each category or subcategory in which pesticide technicians will use or determine the need for the use of pesticides and in accordance with guidelines provided by the director.

(B) Certified commercial applicators or their employers shall notify the director in writing within ten (10) days of the employment and of the discontinued employment of an individual as a pesticide technician or pesticide technician trainee. Notification shall include the applicant's name, last four (4) digits of their Social Security number, license number if applicable, business name and address, and the dates of employment and discontinued employment.

(C) Certified commercial applicators or their employers must submit to the director a Notice of Training form provided by the director.

(D) Certified commercial applicators or their employers shall keep and maintain a copy of the Notice of Training form for a period of three (3) years from the date training was completed. The form shall include the name and business address of the pesticide technician trainee, the name(s) and license number(s) of the person(s) providing training, the title of and time spent on each standard of competence, the dates of training, and signatures of the trainer(s) and the pesticide technician trainee.

(E) Certified commercial applicators or their employers shall keep and maintain a copy of the approved training course used for a period of three (3) years from the last date used.

(2) Application for a Pesticide Technician License.

(A) The director shall provide a pesticide technician license application form upon request. Forms may be requested from the Bureau of Pesticide Control, Missouri Department of Agriculture.

(B) Applications shall be either typed or clearly printed in ink.

(C) The applicant shall attach to the application a clear, fullface, head-and-shoulder photograph of the applicant taken within twelve (12) months prior to the date of application.

(D) Applications are valid for one (1) year from the date received.

(E) If a license expires for more than one (1) year, all documents pertaining to that license may be destroyed.

(F) The applicant shall furnish the director with the following:

1. Name, including any other names under which the applicant has been known;

2. Last four (4) digits of Social Security number;

3. Date of birth;

4. Direct supervisor name;

5. Residential address (no PO Box accepted);

6. Business name and address from which pesticides will be used;

7. Categories in which the applicant requests a license;

8. A list of present and past employers for the three (3) years prior to application;

9. A list of all present and past pesticide licenses, permits, certifications, or registrations;

10. An explanation of any violation of the statutes of Missouri, any state or protectorate of the United States, or of the federal government which resulted in the denial, suspension, revocation, or modification of a pesticide license, permit, certification, or registration or issuance of a civil penalty; and

11. An explanation of any criminal prosecution, whether or not sentence was imposed, in which the applicant was found guilty, entered a plea of guilty or nolo contendere, or is subject to criminal prosecution under the laws of any state or of the United States for the following:

A. Offenses reasonably related to the qualifications, functions, or duties of professions regulated under this chapter;

B. Offenses an essential element of which is fraud, dishonesty, or an act of violence; or

C. Offenses involving moral turpitude.

(3) Qualification Requirements for a Pesticide Technician License.

(A) Applicants for a pesticide technician license shall successfully complete an approved program of verifiable training within one (1) year prior to issuance of a license. This training shall be in accordance with guidelines provided by the director. The on-the-job, practical training shall be in the physical presence and under the direct supervision of a commercial applicator certified in the category(ies) or subcategory(ies) in which the applicant is being trained. The training shall be specific to the following category(ies) or subcategory(ies), defined in 2 CSR 70-25.100, in which the applicant will use pesticides:

1. Category 3-Ornamental and Turf Pest Control;

2. Category 7-Structural Pest Control -

A. Subcategory a-General Structural Pest Control; and

B. Subcategory b-Termite Pest Control.

(B) Pesticide technician training programs must include the following information pertaining to the standards of competence for each category or subcategory of pest control in which the applicant will use pesticides. A pesticide technician training guideline shall be available from the director:

1. Pest identification-identifying pests, their habits and habitats through an understanding of life cycles, basic pest biology, identification of conditions which are favorable to pest infestations, and the pesticide(s) used for pest control;

2. Equipment-the proper use and maintenance of equipment, including proper application techniques and equipment calibration;

3. Pesticides-a basic knowledge of pesticides, including formulations, concentrations, mixing instructions, application rates, manufacturers' brand names, target areas, pests controlled, and basic information about each pesticide used;

4. Alternative control methods-alternative methods to pest control, including sanitation, mechanical, cultural, and biological means, the possible combinations of those means used in effective pest control, and other alternatives to the application of pesticides;

5. Labels-comprehension of basic information found on pesticide labels, including the name and type of pesticide, ingredients, precautionary statements, directions for use, dilution, storage, disposal, and any information required for the use of pesticides;

6. Pesticide hazards and safety-potential hazards to the applicator, environment, or other individuals, including poisoning symptoms and prevention, first aid, use and maintenance of protective clothing and equipment, and special use precautions;

7. Pesticide spills-information regarding the prevention, reporting, and cleanup of pesticide spills; and

8. Pesticide laws-state and federal pesticide laws and regulations.

(4) Stipulations for a Pesticide Technician License.

(A) Pesticide technicians shall not use their licenses as authority to represent more than one (1) business or employer.

(B) Pesticide technicians shall not use their licenses to solicit business from the public, unless the solicitation is for the use or determination of the need for the use of pesticides under the direct supervision of a certified commercial applicator and in the category(ies) or subcategory(ies) in which the pesticide technician is licensed.

(C) Pesticide technicians must display their license in a prominent place at the address printed on the license.

(D) Persons shall not accrue more than forty-five (45) days of experience with the same employer as a pesticide technician trainee in any category or subcategory within a twelve- (12-) month period.

(E) If a pesticide technician is issued a certified commercial applicator license in the same category(ies), or issued a noncertified restricted use pesticide (RUP) applicator license, for the same business location, the pesticide technician license will be canceled.

2 CSR 70-25.156

AUTHORITY: section 281.038, RSMo Supp. 1990.* Original rule filed Aug. 14, 1989, effective July 1, 1990.

Amended by Missouri Register October 15, 2024/volume 49, Number 20, effective 1/1/2025.

The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

*Original authority: 281.035, RSMo 1988.