Section 22-3406 - PESTICIDE DEALERSNo person shall act as a pesticide dealer without first obtaining a pesticide dealer's license issued by the department.
(1) Licensing: (a) Application for a pesticide dealer's license shall be on a form prescribed by the department and shall be accompanied by a fee as prescribed by rule; and(b) an applicant who sells restricted-use pesticides must pass the department's examination and obtain a professional applicator's license in order to demonstrate his knowledge of how to use and handle pesticides in areas relevant to the operation he intends to undertake; and(c) such application shall be due as prescribed by rule; and(d) a license shall be required for each location, outlet, or warehouse from which such pesticides are distributed; and(e) for an applicant selling restricted-use pesticides an examination fee will be charged as prescribed by rule and an additional examination fee of five dollars ($5.00) shall be charged when an exam is requested at other than a regularly scheduled examination date.(2) Records and Reports:(a) Restricted-use pesticides or devices: The director shall require a pesticide dealer to keep accurate sale and distribution records of restricted-use pesticides or devices as prescribed by rule;(i) The director may also require a pesticide dealer to maintain other records and furnish reports for restricted-use pesticides or devices he determines necessary to implement the provisions of this act; and(ii) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and(iii) The dealer shall be required to post total sales of each restricted-use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule.(b) General use pesticides: The director shall require a pesticide dealer to keep accurate sale and distribution records as prescribed by rule of general use pesticides except those exempted in subsection (4) of this section. (i) Records shall be maintained for three (3) years and be available for inspection and reproduction by the director at all reasonable times; and(ii) The dealer shall be required to report total sales of each general use pesticide by county and shall not include detailed customer sales records or customer invoice records. This report shall be furnished to the director no more than two (2) times per year as prescribed by rule; and(iii) The director may require dealers to furnish other reports of these records in the case of emergency as provided by rule.(3) Pesticide dealers shall sell restricted-use pesticides (RUP) only to licensed professional and private applicators, and dealers; however, pesticide dealers may sell an RUP to an unlicensed person provided the application of the RUP is made by a licensed professional applicator or licensed private applicator.(4) Exemptions: (a) A manufacturer's representative or wholesale distributor shall be exempt from subsection (1) of this section provided such representative or distributor does not have a warehouse in Idaho that pesticides are sold, stored or distributed from; and(b) federal, state and other governmental agencies are exempt from the examination and licensing fees of this section; and(c) the director may exempt a pesticide from the provisions of subsection (1) or (2) of this section by rule if it is determined that licensing or recordkeeping is not necessary for selling the pesticide.(5) A user of a pesticide, without obtaining a pesticide dealer's license, may for the exclusive purpose of keeping it from becoming a waste, distribute a properly labeled pesticide to another user who is legally entitled to use that pesticide.[22-3406, added 1976, ch. 190, sec. 2, p. 698; am. 1984, ch. 148, sec. 3, p. 350; am. 1990, ch. 269, sec. 2, p. 762; am. 1992, ch. 43, sec. 1, p. 143; am. 1993, ch. 54, sec. 4, p. 147; am. 1996, ch. 22, sec. 6, p. 52; am. 1999, ch. 69, sec. 5, p. 186; am. 2000, ch. 142, sec. 1, p. 370; am. 2001, ch. 249, sec. 1, p. 901.]