Signed by Governor Mike Parson

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits any person from using or supervising the use of pesticides that are cancelled or suspended.

Highlights:

• Classifies a "certified provisional private applicator," as any individual who is 16 or 17 years of age, an immediate family member of a certified private applicator, and certified by the director to use any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the individual's immediate family member, as long as the following requirements are met (Sec. 281.020.e):

• The restricted-use pesticide is not a fumigant;

• The restricted-use pesticide does not contain sodium cyanide or sodium fluoroacetate;

• The individual does not apply any restricted use pesticide using aerial application equipment;

• The individual does not supervise the use of any restricted-use pesticide; and

• The individual does not purchase any restricted-use pesticide.

• Authorizes the director of the Department of Revenue to deny, suspend, revoke, or modify the provisions of any license or certification if the director finds that the applicant or the holder of a license or certification has violated any provision of this law or has been convicted or subject to a final order imposing a civil or criminal penalty according to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (Sec. 281.060-1),

• Establishes the following are unlawful acts to be unlawful acts:

• It is unlawful to recommend for use, cause to use, use, or [to] supervise the use of any pesticide in a manner inconsistent with its labeling required by labeling requirements of FIFRA, the Missouri pesticide use act or the Missouri pesticide registration act;

• It is unlawful for any [individual] person to misuse any pesticide;

• It is unlawful for any person to use or supervise the use of pesticides that are cancelled or suspended;

• It is unlawful for any person not holding a valid certified applicator license in proper certification categories or a valid pesticide dealer license to purchase or acquire restricted use pesticides; and

• It is unlawful to make any false or misleading statements during the course of an investigation into the sale, distribution, use, or misuse of any pesticide.

• Prohibits a person from being granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the county, town, city, or village, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizens of the county, town, city or village (Sec. 311.060-1).

• Requires the following of pesticide technicians in order for them to use pesticides (Sec. 281.038-7):

• A certified commercial applicator will be licensed to work from the same physical location as the pesticide technician; and

• The licensed certified commercial applicator will be certified in the same use categories as the pesticide technician as specified by regulation.

• Prohibits a certified private applicator from knowingly authorizing, directing, or instructing any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional private applicator (Sec. 281.040-2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits any person from using or supervising the use of pesticides that are cancelled or suspended.

Highlights:

• Classifies a "certified provisional private applicator," as any individual who is 16 or 17 years of age, an immediate family member of a certified private applicator, and certified by the director to use any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the individual's immediate family member, as long as the following requirements are met (Sec. 281.020.e):

• The restricted-use pesticide is not a fumigant;

• The restricted-use pesticide does not contain sodium cyanide or sodium fluoroacetate;

• The individual does not apply any restricted use pesticide using aerial application equipment;

• The individual does not supervise the use of any restricted-use pesticide; and

• The individual does not purchase any restricted-use pesticide.

• Authorizes the director of the Department of Revenue to deny, suspend, revoke, or modify the provisions of any license or certification if the director finds that the applicant or the holder of a license or certification has violated any provision of this law or has been convicted or subject to a final order imposing a civil or criminal penalty according to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (Sec. 281.060-1),

• Establishes the following are unlawful acts to be unlawful acts:

• It is unlawful to recommend for use, cause to use, use, or [to] supervise the use of any pesticide in a manner inconsistent with its labeling required by labeling requirements of FIFRA, the Missouri pesticide use act or the Missouri pesticide registration act;

• It is unlawful for any [individual] person to misuse any pesticide;

• It is unlawful for any person to use or supervise the use of pesticides that are cancelled or suspended;

• It is unlawful for any person not holding a valid certified applicator license in proper certification categories or a valid pesticide dealer license to purchase or acquire restricted use pesticides; and

• It is unlawful to make any false or misleading statements during the course of an investigation into the sale, distribution, use, or misuse of any pesticide.

• Prohibits a person from being granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the county, town, city, or village, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizens of the county, town, city or village (Sec. 311.060-1).

• Requires the following of pesticide technicians in order for them to use pesticides (Sec. 281.038-7):

• A certified commercial applicator will be licensed to work from the same physical location as the pesticide technician; and

• The licensed certified commercial applicator will be certified in the same use categories as the pesticide technician as specified by regulation.

• Prohibits a certified private applicator from knowingly authorizing, directing, or instructing any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional private applicator (Sec. 281.040-2).

Full Bill Text