W. Va. Code R. § 61-12B-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12B-5 - Requirements for Pesticide Dealer Business Licensing

5.1. General.

5.1.a. The commissioner shall require any pesticide business which sells, distributes, stores or offers for sale any pesticide in West Virginia to obtain a license as a Restricted Use Pesticide Dealer or as a Regulated Pesticide Dealer.

5.1.b. The commissioner shall require each business operating as a Restricted Use Pesticide Dealer to employ commercial applicators certified in the category of Pesticide Storage and Distribution as described in 61 CSR 12A. The commissioner shall not allow any business location or operation to sell restricted use pesticides without a certified commercial applicator present who shall bear the immediate responsibility for the correct and safe operation of his or her location or operation.

5.1.c. The commissioner shall require each applicant for a license as a Regulated Pesticide Dealer to demonstrate his or her knowledge on the storage, display, distribution and transportation of pesticides.

5.2. Exemption - The following Regulated Pesticide Dealers are exempt from the requirements of this rule.

5.2.a. Retailers of limited quantities of non-restricted use pesticides, including grocery stores, convenience stores, drug stores, veterinarians and other businesses which sell pesticides such as bleaches, disinfectants, aerosols, etc., for limited household or janitorial use.

5.2.b. Delivery services including, but not limited to, the U.S. Postal Service, United Parcel Service, Federal Express, etc., and warehouses temporarily storing products for shipment to retailers.

W. Va. Code R. § 61-12B-5