Nebraska § 2-2642 - Commercial, noncommercial, and private applicator licenses; expiration; renewal; procedure; noncertified applicator; restrictions.

§ 2-2642. Commercial, noncommercial, and private applicator licenses; expiration; renewal; procedure; noncertified applicator; restrictions.

(1) Each commercial, noncommercial, and private applicator license shall expire on April 15 following the third year in which it was issued.

(2) Except as provided by subsection (3) of this section, a person having a valid commercial or noncommercial applicator license may renew the license for another three-year period by:

(a) Paying to the department an amount equal to the license fee required by section 2-2638 for commercial applicator licenses or section 2-2639 for noncommercial applicator licenses, if any; and

(b)(i) Undertaking the training approved by the department; or

(ii) Submitting to retesting prior to renewal of the license.

(3) Any person who allows his or her commercial or noncommercial applicator license to expire shall be required to submit to testing prior to the renewal of the license.

(4) A noncertified applicator required by the Pesticide Act to be a licensed certified commercial or noncommercial applicator may use general-use pesticides as a noncertified applicator prior to obtaining an initial license for only one consecutive sixty-day period of time if:

(a) The individual or his or her employer applies to the department for a license as a licensed certified applicator within ten days of making the first pesticide use. Such license application shall include the name and license number of the licensed certified applicator who is supervising the noncertified applicator;

(b) All pesticide uses made by an individual as a noncertified applicator are made under the direct supervision of a licensed certified applicator meeting the requirements of 40 C.F.R. 171.201;

(c) The noncertified applicator has received training meeting the requirements of 40 C.F.R. 171.201; and

(d) The supervising certified applicator remains accessible by voice or electronic means to provide further instructions at all times during the noncertified applicator's use of the pesticide and is able to be physically on the site, should the need arise, where the pesticide use or storage is taking place within a reasonable period of time as established by the director by rules and regulations. Both the licensed certified applicator and noncertified applicator shall be responsible for the acts of the noncertified applicator and each shall be subject to all fines, license actions, and other enforcement actions prescribed by the Pesticide Act for violations under the act. The department may deny or suspend the use of pesticides by a noncertified applicator if it has reasonable cause to believe that such person may not become eligible to become a licensed certified applicator or uses any pesticide in violation of the act.

(5) A noncertified applicator required by the Pesticide Act to be a licensed certified commercial or noncommercial applicator may use a restricted-use pesticide which is not a fumigant, sodium cyanide, or sodium fluoroacetate as a noncertified applicator prior to obtaining an initial license for only one consecutive sixty-day period of time if:

(a) The noncertified applicator complies with the requirements of subsection (4) of this section; and

(b) The noncertified applicator does not apply the restricted-use pesticides aerially.

(6) A noncertified applicator required by the Pesticide Act to be a licensed certified private applicator may apply restricted-use pesticides for the purpose of producing agricultural commodities on property owned or rented by his or her immediate family for one consecutive twenty-four-month period if:

(a) The noncertified applicator is at least sixteen years of age and working under the direct supervision of a licensed private applicator who is an immediate family member;

(b) The noncertified applicator has received training through a training session meeting the requirements of 40 C.F.R. 171.201; and

(c) The supervising certified applicator is in compliance with the requirements of 40 C.F.R. 171.201.