Mo. Rev. Stat. § 281.040 — MO Code / Chapter 281 / Section 281.040
281.040 Private applicator's license, qualifications for — training, review ...
Status: in_force

144.360. (Repealed L. 1978 S.B. 661 § 1) — 1. No private applicator shall use any restricted use pesticide unless the private applicator first complies with the requirements determined pursuant to subsection 3 of this section, as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.

2. No certified private applicator shall knowingly authorize, direct, or instruct 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.

3. The private applicator shall qualify for a certified private applicator's license or a certified provisional private applicator's license by attending an approved certification training program provided by University of Missouri Extension, completing an online certification training program provided by University of Missouri Extension, or by passing the required private applicator certification examination provided by the director on the use, handling, storage, and application of restricted use pesticides in the proper certification categories as specified by regulation. The content of the instruction shall be determined and revised as necessary by the director. Upon completion of the certification training program, completion of the online certification training program, or passage of the required private applicator certification examination, the director shall issue a certified private applicator's license or certified provisional private applicator's license to the applicant. The director shall not collect a fee for the issuance of such license. University of Missouri Extension shall collect reasonable fees for study materials and for enrollment in certification or recertification programs administered in-person or online. Such fees shall be assessed based on the majority decision of a review committee convened every five years or as needed by the director. Such fees shall not exceed seventy-five dollars per program per applicant unless the members of the review committee representing statewide agricultural organizations vote unanimously in favor of setting the fee in an amount in excess of seventy-five dollars. Such committee shall be provided revenue and expense information for the training program from the University of Missouri Extension and information on the content of the instruction and method of delivery from the director. The review committee shall also determine a maximum in-seat training time limit for the training programs. The committee shall report its minutes, fee decisions, time limitation decisions, and its evaluation of the training provided to the chairs of the house of representatives and senate agriculture or equivalent committees. The review committee shall be composed of five members including:

(1) The director;

(2) The director of the University of Missouri Extension, or such director's * designee;

(3) The president of a statewide corn producers organization who actively grows corn, or such president's * designee;

(4) The president of a statewide soybean producers organization who actively grows soybeans, or such president's designee * ; and

(5) The president of the state's largest general farm membership organization, or such president's designee * .

4. A certified private applicator's license shall expire five years from date of issuance and may then be renewed without charge or additional fee. Any certified private applicator holding a valid license may renew that license for the next five years upon successful completion of approved recertification training or by passing the required private applicator certification examination.

5. On the date of the certified provisional private applicator's eighteenth birthday, such certified provisional private applicator's * license shall and will automatically be converted to a certified private applicator license reflecting the original expiration date from issuance. A certified provisional private applicator's license shall expire five years from date of issuance and may then be renewed as a certified private applicator's license without charge or additional fee.

6. If the director does not qualify the private applicator under this section, the director shall inform the applicant in writing of the reasons therefor.

(L. 1974 S.B. 431 § 7, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2005 S.B. 355, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102 *Words "his or her" appear in original rolls of H.B. 476, 2021.