| License Description |
Pest Management Consultant License
Consultant shall mean receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent, any plant disease, and control or eradication of any weed.
Definitions
200 For the purpose of these regulations, the following words, names and terms shall be construed within the meaning and purpose of Miss. Code Ann. §§ 69-25-3 and 69-19-1 through 69-19-11.
1. "Act" shall mean Sections Miss. Code Ann. 69-19-1 through 69-19-11.
2. "Advisory Board" shall mean the board established under the provisions of
Miss. Code Ann. Section 69-25-3.
3. "Bonafide Employee" shall be a person who receives all or part of his/her salary, pay or commission from a licensee or the company employing a licensee and whose salary, pay or commission is regularly reported by the licensee or the company employing a licensee under the Federal Social Security and/or income tax laws. A bona fide employee must be under the direct supervision of a license holder.
4. "Commissioner" shall mean the Commissioner of the Mississippi Department of Agriculture and Commerce.
5. "Bureau" shall mean the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce as set forth under the provisions of Miss. Code Ann. §69- 25-3.
6. "Entomological Work" shall mean receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent.
7. "Insect Pests" shall mean any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, flies and to other allied classes or arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and millipedes.
8. "Licensee" shall mean the person who shall be responsible for fulfillment of professional services to be rendered covered by the Act and these regulations.
9. "Person" shall mean any individual, partnership, corporation, association, company or organized group of persons whether incorporated or not.
10. "Plant Disease" shall mean the pathological condition in or on plants and plant products caused by fungi, bacteria, nematodes, mycoplasma, viroid and viruses.
11. "Plant Pathological Work" shall mean receiving fees for advice or prescriptions for the control or eradication of any plant disease.
12. "Professional Services" shall mean any of the professional services performed as designated by the various categories under Section 203 of this chapter.
13. "Rodent" shall mean any animal belonging to the order Rodentia (such as mice, rats, squirrels and beavers).
14. "Weed" shall mean any plant which grows where not wanted.
15. "Weed Control Work" shall mean receiving fees for advice or prescriptions for control or eradication of any weed.
(Rev. 2008)
Source: Miss. Code Ann. §69-19-1 & Miss. Code Ann. §69-25-7.
License Application; Qualifications
Application for a license shall be submitted on a form furnished by the Bureau. No application for a license shall be accepted unless the applicant shall furnish written proof that he/she meets one of the following requirements; provided that in extraordinary cases, these requirements may be waived by the Advisory Board.
1. Masters or Ph.D. degree from an accredited college or university in the field for which a license is requested.
2. Bachelors degree from an accredited college or university in the field for which a license is requested and one (1) year's experience in said field.
3. Must be graduated from an accredited college or university with at least fifteen (15) semester hours or the equivalent in the field for which a license is requested and one (1) year's experience in said field.
The applicant shall take an examination which shall be written and, in general, cover the subject of the professional services designated in the application.
Examination Dates. Examinations shall be offered either as computer-based at proctored testing centers in Mississippi or written. Written examinations shall be given once each quarter at Mississippi State, Mississippi. The dates for written examinations shall be the second Tuesday in January, April, July, and October of the calendar year. In the event any of these days are unavailable, the applicant will be notified of the rescheduled date at least one (1) testing quarter in advance. If the applicant fails the examination for the first time, the applicant may take the examination again after a period of at least ninety (90) days. If the applicant fails the examination the second time, the applicant shall wait a full year before taking the examination the third time.
Categories in which examinations are to be given and for which licenses will be issued:
1. Entomological Consultant. Categories are as follows:
a. Agricultural Entomology – Crops – Giving advice or prescriptions for the control of insects or rodents of field crops, vegetable crops, pastures and rangeland.
b. Forest Entomology – Giving advice or prescriptions for the control of forest insects or rodents.
c. Household, Structural and Industrial Entomology – Giving advice or prescriptions for the control of household insects or rodents, structural insects (such as termites, powder post beetles, etc.) and industrial insects or rodents (such as insects or rodents in stores, warehouses and transportation facilities including trucks, railroad cars, etc.).
d. Medical, Veterinary and Public Health Entomology – Giving advice or prescriptions for the control of insects or rodents affecting man and other animals.
e. Orchard and Nut Tree Entomology – Giving advice or prescriptions for the control of insects or rodents injurious to fruit and nut tree orchards and/or groves.
f. Ornamental Entomology – Giving advice or prescriptions for the control of insects or rodents injurious to ornamentals, lawns, turf and shade trees.
2. Plant Pathological Consultant. Categories are as follows.
a. Agricultural Plant Pathology – Giving advice or prescriptions for the control of diseases on field crops, vegetable crops, pastures and rangeland.
b. Forest Plant Pathology – Giving advice or prescriptions for the control of diseases injurious to forest plants.
c. Orchard and Nut Tree Plant Pathology – Giving advice or prescriptions for the control of diseases injurious to fruit and nut tree orchards and/or groves.
d. Ornamental and Shade Tree Plant Pathology – Giving advice or prescriptions for the control of diseases injurious to ornamentals, lawns and shade trees.
3. Weed Control Consultants. Categories are as follows:
a. Agricultural Weed Control – Giving advice or prescriptions for the control of weeds in field crops, vegetable crops, pastures and rangeland.
b. Aquatic Weed Control – Giving advice or prescriptions for control of weeds in and around edges of lakes, ponds and streams.
c. Forest and Right-of-Way Weed Control – Giving advice or prescriptions for the control of weeds on rights-of-way, forest lands and drainage ditches.
d. Ornamental and Turf Weed Control – Giving advice or prescriptions for control of weeds in ornamental plants, lawns, golf courses, cemeteries and similar areas.
e. Industrial or Commercial Site Weed Control – Giving advice or prescriptions for control of weeds growing in industrial or commercial sites, such as oil tank storage areas and other areas deemed advisable.
Issuance of a License
If the qualifications and other requirements of the applicant are satisfactory, the Bureau shall then issue a license which shall expire on December 31, following date of issue unless suspended or revoked for cause.
Denial, Suspension or Cancellation of a License; Refusal to Issue or Renew Same
Where the holder of a license commits any of the following acts or omissions, it shall be grounds to suspend, modify, deny, cancel or revoke such license, in addition to those grounds set forth in Miss. Code Ann. §69-19-9, §69-25-51, to wit:
1. Misrepresentation for the purpose of deceiving or defrauding.
2. Making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their detriment.
3. Failure of the licensee to supply the Bureau or its authorized representative, upon request, with true and accurate information concerning methods and materials used, or work performed, or other information essential to the administration and enforcement of the Act or these regulations.
4. Performing work in a category for which the licensee does not hold a license.
5. If repeated inspections by inspectors of the Bureau of Plant Industry reveal that the licensee is not performing services in a satisfactory manner.
6. Conviction in any of the courts of this state of a violation of the Act or these rules and regulations.
Conditions for Renewal of License
In order for a license to be renewed each year, the licensee must submit a request for renewal on a form prescribed by the Bureau and show proof that he/she is knowledgeable of current control recommendations and techniques by either attending an approved training course or passing an examination. No license shall be renewed if the licensee has not engaged in the professional services for a period of three years unless he/she is re-examined. |