| License Description |
Entomologists, Pathologists and persons performing weed control work must secure a license from the Bureau of Plant Industry, Mississippi Department of Agriculture and Commerce in accordance with Miss. Code Ann. Section 69-19-9. No person shall advertise in any manner to render professional services or solicit business, or receive a fee for performing these services within the meaning of the Act without first obtaining a license.
Definitions
100 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 69-19-1 through 69-19-11.
1. Act shall mean Miss. Code Ann. Sections 69-19-1 through 69-19-11.
2. Bona fide Employee shall be a person who receives all or part of his 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 licensee or a permit holder.
3. Branch Office shall mean any place of business other than the office, as defined in these regulations, that has at least one employee capable of answering questions and from which a pest control firm carries out its pest control activities. The maintenance of personnel, pesticides and equipment at these locations, where pest control activities are carried out, constitutes a branch office under this chapter. The branch office must be managed by a license holder or permit holder in which any type of pest control services are offered. A home office may be a branch office. A telephone answering service is not a branch office.
4. Bureau shall mean the Bureau of Plant Industry of the Mississippi Department of Agriculture and Commerce created under the provision of Miss. Code Ann. Section 69-25-3.
5. Commissioner shall mean the commissioner of the Mississippi Department of Agriculture and Commerce.
6. Fumigation shall mean the use of a substance or mixture of substances which exist in the gaseous state or from which a gas or gases are liberated or emitted, for the purpose of destroying pests. Aerosols are excluded from this definition.
7. Office shall mean the primary place of business managed by a license holder where any types of pest control services are performed.
8. Person shall mean any individual, partnership, corporation, association, company or organized group of persons whether incorporated or not.
9. Pest shall mean any insect, rodent, nematode, fungus, weed, bacteria, virus, mycoplasma, viroid (except viruses, bacteria, or other microorganisms on or in living man or other living animals) that either compete with humans for natural resources or transmit disease to humans.
10. Professional Services shall mean any of the professional services performed as designated by the various categories listed under subsection 104.04.
Application for a license shall be submitted on a regular form furnished by the Bureau, in time to be approved ten (10) days prior to regular scheduled examinations. No application for a license shall be accepted unless the applicant shall furnish written proof that he meets one of the following requirements:
1. Must be graduated from a recognized college or university with at least 15 semester hours or the equivalent in the category for which applicant is requesting a license.
2. Must have no less than two years college or university training with special training in the category for which applicant is requesting a license.
3. Must be at least a high school graduate or equivalent and have had, in addition, at least four years experience with a licensed operator within the past six years, if qualifying for categories 'Wood destroying insect control' or 'General pest and rodent control' or 'Fumigation pest control' as covered by subsection 104.04(1, 3, 7 ) of this chapter.
4. Must be at least a high school graduate or equivalent, and having had, in addition, at least one years experience with a licensed operator within the past two years, if qualifying for categories 'Utility pole pest control' or 'Orchard pest control' or 'Mosquito and biting fly control' or 'Horticultural pest control' or 'Domestic animal pest control' or 'Agricultural pest control' or 'Agricultural weed control' or 'Aquatic weed control' or 'Right-of-way weed control' or Horticultural weed control" as covered by subsection 104.04(1, 2, 4, 5, 6, 8, 9,10,11,12) of
this chapter.
5. If applicant is not a high school graduate or equivalent,
proof of at least two years experience working with a licensed operator within the past three years is required if qualifying for categories 'Agricultural weed control' or 'Aquatic weed control' or 'Right-of-way weed control' or 'Horticultural weed control' as covered by subsection 104.04(9,10,11,12) of this chapter.
6. In special cases where an applicant can submit proof of education, relevant experience and training equal to or exceeding the requirements, as covered by this section, he shall be allowed to take the required examinations.
(Amended May 20, 2010 and December 19, 2012).
License; Examination; Categories
104.01 Each person required to secure a license in accordance with the Act shall be examined as follows: When the firm is under the control of one person who is solely responsible for the work, this person alone shall be required to pass the examination. When more than one person is responsible, then each shall be required to pass the examination. A person may designate an employee who is regularly and actively in charge to take the examination and the license will be issued naming the employee as supervisor. Both the employee and the person to whom the license is issued will be held responsible for the professional services rendered.
104.02 The license applicant shall take and pass a written examination. This examination will cover the professional services designated in the application and include the general standards for certification of commercial applicators as set forth in the Environmental Protection Agency Code of Federal Regulations, Title 40, Section 171.4.
104.03 Examination dates. Examinations shall be offered either as computer-based at proctored testing centers in Mississippi or written. Written examinations shall be given at least 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 scheduled exams are unavailable, the applicant will be notified by the Bureau of Plant Industry at its earliest convenience. If the applicant fails the examination twice in consecutive attempts, the applicant shall wait a full year before taking the examination again. Applicants who have failed any licensing exam twice in consecutive attempts must submit a new application and meet the requirements of subsection 103 of this chapter.
(Amended June 27, 2008, November 9, 2020, and December 9, 2022)
104.04 Categories in which examinations are to be given and for which licenses will be issued:
1. Wood destroying insect control (WDIL) - This category includes persons engaged in control of termites, beetles, or other wood destroying insects in buildings and other structures, including homes, warehouses, stores, docks and/or other structures. Control of Formosan termites attacking trees is included in this category. An examination may be given and a license issued to include only control of insect pests of utility poles (UPL).
2. Orchard pest control (ORPL) - This category includes persons engaged in the control of insect pests, plant diseases or pest animals of various fruit and nut trees, brambles, vineyards and all plants normally classed as nut trees or fruit orchards.
3. General pest and rodent control (GRCL) - This category includes persons engaged in control of insect pests or pest animals which may invade homes, restaurants, stores and other buildings, attacking their contents or furnishings or being a general nuisance, but do not normally attack the building itself, as for example: roaches, silverfish, ants, flies, mosquitoes, carpet beetles, clothes moths, fleas, stored food insects, rats, mice, centipedes, etc. It includes services in the mosquito and biting fly category as set forth in subsection 104.04(4) of this chapter. Individuals issued the general pest and rodent control license may request MBFL as a separate license without taking the exam, PROVIDED, that the licensee submits an application that the license is needed to operate a company solely for performing mosquito and biting fly control services.
4. Mosquito and biting fly control (MBFL) – This category includes persons engaged solely in control of mosquitoes and biting flies including mosquito misting systems and back pack applications.
5. Horticultural pest control (HCPL) - This category includes persons engaged in control of insect pests, plant diseases, or pest animals of ornamental plants, shade trees (which may include nut or fruit trees if used as ornamental plants or shade trees) and lawns in residential, commercial, public, industrial and manufacturing areas.
6. Domestic animal pest control (DAPL) - This category includes persons engaged in control of insect pests of domestic animals.
7. Fumigation pest control (FUML) - This category includes persons engaged in control of pests by fumigation. A person holding a license or permit shall be present at the time fumigant is released.
8. Agricultural pest control (AGPL) - This category includes persons engaged in control of insect pests, plant diseases, or animal pests of agricultural crops during production. This category includes anyone soliciting and/or receiving a fee for these services who utilize ground application equipment.
9. Agricultural weed control (AGWL) - This category includes control of weeds in field crops, vegetable crops, pastures and rangeland. This category includes anyone soliciting and/or receiving a fee for these services who utilize ground application equipment.
10. Aquatic weed control (AQWL) - This category includes control of weeds in and around edges of lakes, ponds and streams.
11. Right-of-way weed control (ROWL) - This category includes control of weeds of rights-of-way, forest lands and drainage ditches.
12. Horticultural weed control (HCWL) - This category includes control of weeds in ornamental plants and turf in residential, commercial, public, industrial and manufacturing areas.
(Amended May 20, 2010 and December 19, 2012)
Source: Miss. Code Ann. §69-19-1 & Miss Code Ann. §69-23-109.
Issuance of a License
105.01 If the qualifications and other requirements of the license applicant are satisfactory, the Bureau shall then require that said applicant submit a detailed statement of the methods he will employ. He must submit in writing his proposed company name for approval. No license shall be issued for two companies with the same or similar names. To avoid the likelihood of confusion, the following are examples of when a requested name will be considered "not distinguishable from" and therefore "same or similar with" regarding an existing name:
1. Names are not distinguishable if the only difference is "a," "an," or "the" at the beginning of the name. "The Kudzu Pest Control" is similar and not distinguishable from "Kudzu Pest Control."
2. "&" and "and" do not make names distinguishable. "A & B Pest Control" is not distinguishable from "A and B Pest Control." And "A and B Pest Control" or "A & B Pest Control" is not distinguishable from "AB Pest Control" or "A.B. Pest Control."
3. Punctuation does not make names distinguishable. "A.B.C Pest Control" is not distinguishable from "ABC Pest Control."
4. Plural forms of the same word do not make names distinguishable.
5. A suffix added to a word or any other deviation from or derivative of the same word does not make names distinguishable.
6. Names are not distinguishable if the only difference is the abbreviation of a word in the name. "MS Pest Control" is not distinguishable from "Mississippi Pest Control."
7. Names are not distinguishable if the only difference is a phonetic spelling of the same word. "Boyz Pest Control" is not distinguishable from "Boys Pest Control."
8. Names are not distinguishable if the only difference includes any of the following terms or combination of terms: "Pest," "Control," "Solutions," "Management," "Exterminating," "Exterminator," "Fumigator," "Services," or "Inc.," "LLC or L.L.C.," "LP." "Mississippi Exterminating" is not distinguishable from "Mississippi Pest Control."
9. Names shall not be considered too similar solely because they contain a name or term common to the Industry as long as they are accompanied by an identifiable term or name not related to the Industry. "Mosquito Joe," "Mr. Mosquito," "Mosquito …," "Trutech Wildlife Removal," "Nations Wildlife Removal," "Wildlife Removal Northeast Mississippi."
If these are approved, said applicant shall then furnish a bond in the proper amount as set forth in subsection 112.01 of this chapter in conformity to Miss. Code Ann. Section 69-19-9. After all requirements have been met by the applicant for licensing, the Bureau shall then issue said applicant a license, PROVIDED, that no license shall be issued any person who fails to disclose to the Bureau the ingredients used in his practice, or who uses any material or method which has not been approved by the Bureau. A license is not transferable. When there is a change in a licensee's status, ninety (90) days shall be allowed for a qualified person to meet the requirements of section 102 of this chapter. When the death or disability of a licensee occurs, the Bureau may extend the period for qualifying a new licensee an additional 90 days before revoking or canceling the work of the operation.
(Amended June 27, 2008, December 19, 2012, and November 9, 2020)
105.02 Persons requesting a license must have passed the required examination within the past year or have been actively engaged in related work with no regulatory violations since passing the examination, or be reexamined before the license can be issued or reissued.
105.03 An individual shall not have more than one (1) license to perform the same service at any given time.
105.04 When a license holder changes his mailing address, physical location, or company name, the Bureau must be notified in writing within ten (10) working days and required documents for reissuance of license must be submitted.
105.05 When the status of a license holder changes, the license shall be returned to the Bureau within ten (10) working days.
(Amended May 20, 2010, December 19, 2012, and November 9, 2020)
Source: Miss. Code Ann. §69-19-1 & Miss Code Ann. §69-23-109.
Expiration of a License or a Permit and Conditions for Renewal
110.01 All licenses and permits shall expire thirty-six months from the date of issuance. To renew said license or permit, the holder of same shall submit a request for renewal on a form prescribed by the Bureau and show that he is knowledgeable of current control recommendations, techniques and abreast of changing technology and pesticide usage. To meet these requirements, the licensee or permit holder shall have attended a training course approved by the Bureau within the past twelve (12) months or successfully complete an examination administered by the Bureau. It is the responsibility of the licensee or permit holder to know when his/her license or permit expires and to get the license or permit renewed prior to the expiration date.
(Amended May 20, 2010 and December 19, 2012)
Source: Miss. Code Ann. §69-19-1 & Miss Code Ann. §69-23-109.
Denial, Suspension or Cancellation of a License, Permit or Identification Card;
Refusal to Issue or Renew Same
111.01 Where the holder of a license, permit or identification card commits any of the following acts or omissions, it shall be grounds to suspend, modify, deny, cancel or revoke such license, permit or identification card, in addition to those grounds set forth in Miss. Code Ann. §69-19-9, §69-25-51, to-wit:
9. Convicted in a court of law of a violation under the Federal Insecticide, Fungicide and Rodenticide Act;
10. Convicted in a court of law for using any pesticide in a manner which is determined to be inconsistent with its labeling;
16. Convicted in any of the courts of this state of a violation of the Act or these rules and regulations.
Bond and Insurance Requirements
112.01 Before a license shall be issued or reissued to engage in the control of any kind of pests, a surety bond must be furnished on a form provided by the Bureau. This bond shall be conditioned so that the principal therein named shall conduct honestly such business in accordance with the laws and regulations of this state, and shall faithfully perform all his professional service contracts. Bonding requirements are based on the category of pest control to be performed. For categories involving insect, rodent and plant disease control work this bond shall not be less than $5,000. For categories involving weed control work this bond shall not be less than $2,500.00. If insect, rodent, plant disease and weed control work are to be performed the bond shall not be less than $5,000. No surety bond shall be accepted except from companies approved by the Commissioner of Insurance of Mississippi.
112.02 Insurance is not required for licensees engaged in the control of weeds. Before a license shall be issued or reissued to engage in the control of insect, rodent and plant diseases, proof of general liability insurance must be furnished on a form provided by the Bureau. This insurance shall insure against negligent or careless acts of the insured. This insurance shall not be less than $100,000.00 per occurrence, with a minimum annual aggregate of $200,000.00 for all occurrences. No insurance shall be accepted except from companies admitted to do business in Mississippi, companies that are non-admitted but approved to do business in Mississippi, or risk retention and purchasing groups registered by the Commissioner of Insurance of Mississippi. This $200,000.00 minimum coverage shall include coverage for pollution and contamination, property damage, personal injury and errors and omissions. Those licensed for wood destroying insect control as defined by subsection 104.04(1) of this chapter shall have insurance to include (1) errors and omissions on Mississippi Official Wood Destroying Insect Reports as defined by subsection 100(15) of this chapter and (2) damages caused by structural pests.
Licensed operators shall keep complete and accurate records of all work performed including copies of contracts issued for as long as they are current and for two (2) years after their expiration. Such records shall be available for examination by employees of the Bureau during reasonable business hours. No records shall be maintained at an out-of-state location unless the licensee submits a plan of access for such records on a form prescribed by the Bureau and that plan is approved by the Bureau. Such records shall include location, kind of services performed, date performed, the pest controlled, brand name and EPA registration number of pesticide used, total amount of product used, the pesticide dilution rate, the total volume of diluted pesticide applied, and where applicable, sufficient information to determine termiticide volume and such other information as may be necessary for a complete record.
|