| License Description |
For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of Miss. Code Ann. Sections 69-23101 through 69-23-133.
1. Advisory Board shall mean the Advisory Board as defined in Section 69-253.
2. Agricultural Commodity shall mean any plant, or part thereof, animal or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animal.
3. Applicant shall mean an individual who submits an application for certification as a private applicator.
4. Bureau shall mean the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce, created under the provisions of Miss. Code Ann. Section 69-25-3.
5. Certificate shall mean a license or permit.
6. Certification shall mean the recognition by the Bureau that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.
7. Certified Private Applicator shall mean any individual who has been found competent to purchase and use restricted use pesticides covered by his certification.
8. Commissioner shall mean the Commissioner of Agriculture and Commerce of the State of Mississippi.
9. EPA shall mean the United States Environmental Protection Agency.
10. Executive Secretary and/or State Entomologist shall mean the executive secretary and director and/or state entomologist of the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce as set forth in Miss. Code Ann. Section 69-25-5.
11. FIFRA shall mean the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.
12. Person shall mean any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
13. Pest shall mean: a. Any insects, rodents, nematodes, fungi and/or weeds; b. Other forms of terrestrial or aquatic plant or animal life or viruses, or viroids, bacteria, or other microorganism (except viruses, bacteria or other microorganism on or in living man or other living animals) which the Commissioner declares to be a pest.
14. Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
15. Private Applicator shall mean a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
16. Restricted Use Pesticide shall mean any pesticide classified for restricted use by EPA or by the Commissioner.
17. Under the Direct Supervision of shall mean the act or process whereby application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.
18. Unreasonable Adverse Effects on the Environment shall mean any unreasonable risk to man or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide. Source: Miss. Code Ann. §69-23-109.
Persons Required To Be Certified
101 Any person who uses or supervises the use of any restricted use pesticide for the purpose of producing an agricultural commodity on property owned or rented by him or his employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person shall be certified as a private applicator. Source: Miss. Code Ann. §69-23-109.
Certification Application; Qualifications
102.01 Application for certification shall be submitted on a regular form furnished by the Bureau.
102.02 Persons who wish to be certified as private pesticide applicators must be 18 years old prior to participating in a certification option. In hardship cases individuals below the age of 18 may be certified by the Board on an individual basis when they demonstrate to the Board by written, or written and oral examination their qualifications as a private pesticide applicator. 102.03 Persons who wish to be certified as private pesticide applicators must verify that they are actively engaged in farming in the State of Mississippi and will use the pesticides purchased under this certification in the production of agricultural commodities. Source: Miss. Code Ann. §69-23-109.
Certification Methods
103.01 Training with examination. Competence in the use and handling of pesticides shall be determined by written examination. This examination will be based upon standards as set forth in the U.S. Environmental Protection Agency's Code of Federal Regulations.
103.02 Examination without training. An Applicant may request and be allowed to take an examination provided by the Bureau for certification. If he satisfactorily passes the examination, he will be certified. Source: Miss. Code Ann. §69-23-109.
Records
104 Applicators certified under this regulation shall keep complete and accurate records of all work performed for at least two years. Such records shall be available for examination by employees of the Bureau during reasonable business hours. Such records shall include:
1. The brand or product name;
2. The EPA registration number;
3. Total amount applied;
4. The size of the area treated;
5. The crop, commodity, stored product or site;
6. The date of the application; and
7. The location of application.
Source: Miss. Code Ann. §69-23-109.
Issuance of Certificate
105 If all qualifications and other requirements of the applicant are satisfactory, the Bureau shall issue a certificate. A certificate must be presented to the dealer when purchasing a restricted use pesticide. Source: Miss. Code Ann. §69-23-109.
Invalidation of a Certificate
106 The Commissioner with the approval of the advisory board may suspend for not more than thirty (30) days, and then after opportunity for a hearing may deny, suspend, revoke or modify the provisions of any certificate or permit issued under the act if he finds that the applicant or licensee had committed any of the
following:
7. Convicted of a violation under FIFRA; or
8. Convicted for using any restricted use pesticide in a manner which is determined to be inconsistent with its label or labeling.
Source: Miss. Code Ann. §69-23-109.
Renewal of Certification
107 All certificates shall be renewed every five (5) years. The certified applicator must complete one of the certification methods in Section 103 of this chapter within the past twelve (12) months in order for it to be renewed.
Source: Miss. Code Ann. §69-23-109.
|
