Missouri § 281.045 - Certified operator license, when required — application, requirements, examination — maintenance of records — liability of governmental agencies — display of license — change of address, notice — volunteers, use of pesticides without a license.

§ 281.045. Certified operator license, when required — application, requirements, examination — maintenance of records — liability of governmental agencies — display of license — change of address, notice — volunteers, use of pesticides without a license.

1.  All agencies of the state of Missouri and the political subdivisions thereof, and any other governmental agency shall be subject to the provisions of sections 281.010 to 281.115 and rules adopted thereunder concerning the use of restricted use pesticides.

2.  Public operators for agencies listed in subsection 1 of this section shall not use, or supervise the use of, any restricted use pesticides on any land or structure without a certified public operator license issued by the director.  The certified public operator shall not use or supervise the use of any restricted use pesticide for any purpose unless the certified public operator has demonstrated the certified public operator's competence to use pesticides for that purpose by being certified by the director in the proper certification category.

3.  No certified public operator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures unless such individual is licensed as a noncertified RUP applicator while working under the direct supervision of a certified public operator so authorizing, directing, or instructing, in which case the certified public operator shall be liable for any use of a restricted use pesticide by an individual operating under the certified public operator's direct supervision.

4.  Application for a certified public operator license shall be submitted to the director on a designated form obtained from the department.  Each application shall include all information prescribed by the director by regulation.

5.  The director shall not issue a certified public operator license until the applicant is certified by passing an examination provided by the director to demonstrate to the director the applicant's competence and knowledge of the proper use of pesticides under the classifications for which the applicant has applied, and the applicant's knowledge of the standards prescribed by regulations for the certification of public operators.

6.  If the director finds the applicant qualified to use pesticides in the classification for which the applicant has applied, the director shall issue a license, without a fee, to the certified public operator who has so qualified.  The certified public operator license shall be valid only when the operator is acting as an operator using, or supervising the use of, restricted use pesticides in the course of the operator's employment.  A certified public operator license shall expire three years from the date of issuance unless the license has been revoked or suspended prior thereto by the director for cause.  The director may limit the license of the applicant to the use of certain restricted use pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified.  If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.

7.  The director may renew any certified public operator license under the classification for which that applicant is licensed upon successful completion of approved recertification training or reexamination for additional knowledge that may be required to use pesticides safely and properly either manually or with equipment the applicant has been licensed to operate.

8.  The director shall require the certified public operator, or the certified public operator's employer, to maintain records with respect to applications of restricted use pesticides.  Any relevant information which the director may deem necessary may be required by regulation.  Such records shall be kept for a period of three years from the date of the application of the pesticide to which such records refer, and the director shall, upon request in writing, be furnished with a copy of such records by any certified public operator or the certified public operator's employer.

9.  Agencies listed in subsection 1 of this section shall be subject to a legal action by any person damaged by any use of any pesticide, which may be brought in the county where the damage or any part thereof occurred.

10.  Every certified public operator shall display the certified public operator's license in a prominent place at the site, location, or office from which the certified public operator will operate as a certified public operator, that place, location, or office being at the address printed on the license.

11.  Every certified public operator who changes the address from which the certified public operator will operate as a certified public operator shall immediately notify the director.  The director shall immediately issue a revised license upon which shall be printed the changed address.  The director shall not collect a fee for the issuance of a revised license.  The expiration date of the revised license shall be the same as the expiration date for the original license.

12.  Any person who volunteers to work for a public agency may use general use pesticides without a license under the supervision of the public agency on lands owned or managed by the state agency, political subdivision, or governmental agency.

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(L. 1974 S.B. 431 § 8, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26)

Effective 1-01-25, see § 281.102

---- end of effective  01 Jan 2025 ----

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