Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-13 - SALE AND USE OF PESTICIDES › Section 80-1-13-.05 - Dealer License Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before a dealer license as required by
Code of Ala. 1975
, §
									2-27-10, is
				issued to any person who sells, offers for sale or distributes restricted use
				pesticides to purchasers including farmer users, commercial applicators, pest
				control operators, and other users of Restricted Use Pesticides, the dealer or
				person in the dealer's employ shall demonstrate by written examination his
				ability and knowledge for safely handling, keeping, storing, delivering,
				transporting, and selling such products. Written examinations for pesticide
				dealers shall be conducted annually and at other times at various locations
				throughout the State of Alabama. The examination shall be prepared and
				assembled by representatives of the School of Agriculture and the Cooperative
				Extension Service of Auburn University, representatives of the Alabama
				Department of Agriculture and Industries and/or other agencies knowledgeable in
				the subject of pesticides. A passing grade must be scored on the written
				examination before a dealer license will be issued to an applicant. The name of
				the person passing the examination shall be included on the license as may be
				issued and that person shall be responsible for the restricted pesticide sales
				of the licensed dealer. In the event the person who took and passed the
				examination shall cease to be in the employ of the licensed dealer, the license
				shall be void until someone else in the employ of the dealer takes and passes
				the examination. All persons so examined shall take and pass a written
				examination every three years.
In addition to the above mentioned personal qualifications,
				  the dealer's physical premises such as his warehouse, his sales outlet, other
				  handling and keeping facilities shall be subject to inspection and approval by
				  the Commissioner or his authorized representatives of the Department of
				  Agriculture and Industries.
(2) Each dealer selling Restricted Use
				Pesticide shall display the dealer license in a conspicuous location in his
				place of business.
(3) The dealer
				licensee shall maintain accurate and adequate records on forms supplied by the
				Commissioner of Sales of Restricted Use Pesticides to be kept in a post binder
				or similar binder or on a computer database and format approved by the
				Commissioner. The dealer licensee is required to maintain, for a minimum of
				three years, sales records of restricted use pesticides. These records shall
				include:
(a) A log of Restricted Use
				Pesticide sales which shall show:
1. The date
				on which the Restricted Use Pesticide is sold;
2. The trade name of the Restricted Use
				Pesticide, and either the common name, if available, or the chemical
				name;
3. Name and address of person
				to whom delivery is made if other than the permit holder;
4. Restricted Use Pesticide Use Permit
				Number;
5. The amount and
				concentration of product sold; and
6. Name and address of the Pesticide Use
				Permit holder.