reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Recordkeeping, Record access, Pesticide Storage and Transport, Pesticide Tank-mix Sample Tolerances › Section 2-1-3-11-01-113.05

Current through June 25, 2024
Pesticide Tank Mix Sample Tolerances: Values above or
						  below the tank mix concentration stated by the applicator that do not fall
						  within the acceptable range listed in Section 113.06 shall be a use unsuitable,
						  unsafe, or inconsistent with the label. Concentrations and their acceptable
						  ranges are based on Association of American Pesticide Control Officials current
						  guidelines for active ingredients in pesticide formulations and may be subject
						  to change. Concentrations and their acceptable ranges not listed shall be
						  determined through mathematical interpolation from known data
						  points.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Recordkeeping, Record access, Pesticide Storage and Transport, Pesticide Tank-mix Sample Tolerances › Section 2-1-3-11-01-113.06

Current through June 25, 2024
The values expressed shall establish the maximum and
						  minimum tolerance for the analysis of pesticide tank mix samples.
1. Stated concentration is 0.001%.
Acceptable range is 0.00066% to 0.00168%
2. Stated concentration is 0.005%.
Acceptable range is 0.0037% to 0.0077%.
3. Stated concentration is 0.010%.
Acceptable range is 0.0076% to 0.0148%.
4. Stated concentration is 0.06%.
Acceptable range is 0.049% to 0.082%
5. Stated concentration is 0.10%
Acceptable range is 0.083% to 0.13%
6. Stated concentration is 1.0%.
Acceptable range is 0.88% to 1.24%.
7. Stated concentration is 6.0%.
Acceptable range is 5.45% to 7.10%.
8. Stated concentration is 10.0%.
Acceptable range is 9.15% to 11.70%.
9. Stated concentration is 25.0%.
Acceptable range is 23.15% to 28.70%.
10. Stated concentration is 50.0%.
Acceptable range is 46.67% to 56.66%.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-114.01 - Identification

Current through June 25, 2024
1. All non-licensed owners or employees of a
						business soliciting pesticide work or who are involved in pesticide application
						or conduct service inspections must qualify for a registered technician
						identification card to be obtained from the Bureau. The license or permit
						holder shall request in writing all identification cards. He shall provide an
						application, approved by the Bureau.
2. The identification card shall be in the
						possession of the individual at all times when performing work or soliciting
						business and shall be presented on request to the person or persons for whom
						business is performed or solicited.
3. When an identification card holder resigns
						or is discharged the license or permit holder shall return the identification
						card to the Bureau for cancellation.
4. No person employed by a license holder
						shall solicit work, apply pesticides, or conduct service inspections prior to
						obtaining a registered technician identification card unless he is in the
						physical presence of a license or permit holder or a registered technician who
						has held a registered technician identification card for twelve continuous
						months prior to working with said person.
5. No person shall have more than one
						identification card at any given time.
6. An identification card will not be issued
						to any person who has been employed by another operator until his previous card
						has been returned to the Bureau for cancellation, or the Bureau has been
						notified in writing by the former employer that the person is no longer
						employed and that the card was not retrieved from the former employee.
						Notification to the Bureau must be made within ten (10) working days of
						person's final date of employment.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-114.02 - Registered Technician Training Standards

Current through June 25, 2024
Applicants qualifying for a registered technician
						  identification card in the categories "Wood destroying insect control" or
						  "General pest and rodent control" or "Fumigation pest control" as covered by
						  subsection 104.04 (1,3, 7) must:
1.
						Receive training of at least eight hours of verifiable classroom training for
						general pesticide use and eight hours of verifiable classroom training for each
						category in which the technician is to obtain an identification card which
						shall include the following:
a. Eight hours
						general training:
i. Pesticide laws and
						regulations
ii. Pesticide labels
						and label comprehension
iii.
						Pesticide safety, handling, storage, disposal, emergency procedures, and
						cleanup
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-114.03

Current through June 25, 2024
Equipment All vehicles and mobile equipment used by
						  persons while engaged in professional services covered by the Act and these
						  regulations shall be marked for easy identification. This marking shall contain
						  the company name.
Section 115-120 applicable to wood destroying insect
						  licenses and permits, only.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-114.04 - Expiration of a Registered Technician and Conditions for Renewal

Current through June 25, 2024
Registered technicians holding the category "Wood
						  destroying insect control" or "General pest and rodent control" or "Fumigation
						  pest control" shall expire thirty-six months from the date of issuance. To
						  renew said technician card, the licensee or permit holder is responsible for
						  ensuring his/her technician attends an approved training within twelve (12)
						  months of the expiration date. All renewal forms must be maintained by the
						  licensee or permit holder and provided upon request. Failure to attend an
						  approved training will void the registered technician identification
						  card.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-116 - Reporting

Current through June 25, 2024
1. Persons
						operating under a license in the category "Wood destroying insect control" as
						covered by subsection 104.04(1) of this chapter shall by the 20th day of each
						month remit to the Bureau a report, on forms approved by the Bureau, of
						structural pest treatments applied during the previous calendar month. Reports
						must be accurate and legible including the property owner's or contractor's
						name, the physical address of the treated property (including subdivision name,
						lot number, and city for pre-construction), the type of treatment and such
						other information as required by the Bureau. Preventive treatments for all
						pre-construction (defined as structure under construction up to and including
						the installation of the final grade) and preventive and curative treatments for
						all post-construction (defined as after the final grade and not part of the
						construction process) must be reported. Reporting of work for preconstruction
						treatments must be done upon completion of treatment of each construction phase
						(e.g., treatment of footing, treatment of horizontal barrier, treatment of
						dried in phase, treatment of exterior perimeter). Reporting of work for
						post-construction treatments must be done upon completion of treatment. A
						report shall be filed each month even though no work is performed.
Miss.
						  Code Ann. §
													69-19-1 & Miss Code Ann.
						  §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-117.01 - Wood Destroying Insect Report

Current through June 25, 2024
1. All inspection
						reports issued regarding the presence or absence of termites and other wood
						destroying insects in connection with a real estate transaction shall be made
						on a form prescribed and officially adopted by the Bureau. All inspections
						associated with a real estate transaction shall be performed by an individual
						licensed for " Wood destroying insect control" as covered by subsection
						104.04(1) of this chapter or a bona fide employee under his direct
						supervision.
2. The Mississippi
						Official Wood Destroying Insect Report form is adopted by reference, and may be
						examined in the office of the Bureau of Plant Industry, and copies of the form
						may be obtained for reproduction and use from the Bureau of Plant Industry,
						Stone Boulevard, Mississippi State, MS 39762.
3. The inspection shall be based on a
						thorough visual inspection of accessible areas and provide accurate written
						disclosure of presence, absence, previous infestation and damage caused by
						subterranean termites, drywood termites and wood borer beetles and other wood
						destroying insects such as carpenter ants and carpenter bees. The structures
						inspected must be clearly identified. Structures which are attached to or
						contiguous with the structure are considered to be a part of the structure and
						must be inspected and included in the report.
4. Conditions conducive to wood destroying
						insect infestations must be noted.
5. Obstructed or inaccessible areas not
						covered by the inspection must be listed.
6. There is no warranty, express or implied,
						related to the Mississippi Official Wood Destroying Insect Report
						form.
7. Any Mississippi Official
						Wood Destroying Insect Report issued that is not in compliance with the
						Regulations shall be deemed inaccurate, misleading, or fraudulent. The licensee
						and bona fide employee completing the inspection shall be in violation for
						failure to perform a proper inspection.
8. Consumer complaints about alleged
						inaccurate, misleading or fraudulent inspections may be investigated by the
						Bureau. Alterations made to structures that expose insect damage or
						infestation, or consumer delay in notification to the Bureau of alleged
						inaccurate, misleading or fraudulent inspections may prevent the Bureau from
						determining if an inspection is inaccurate, misleading or fraudulent.
9. For each inspection, copies of the
						completed form shall be prepared for the:
a.
						Person who ordered the inspection
b. Title company or mortgagee and
c. Business files of inspecting
						company
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Identification; Operators; Employees; Equipment › Section 2-1-3-11-01-117.02

Current through June 25, 2024
Whenever a licensee performs a wood infestation
						  inspection in connection with a real estate transaction, he is required to make
						  a written report on the Mississippi Official Wood Destroying Insect Report form
						  and provide copies to the mortgagee, the seller, the buyer, and the realtor, if
						  these are known. A licensee may refuse to complete the Mississippi Official
						  Wood Destroying Insect Report form after performing an inspection, provided no
						  fee is assessed.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Approved Pesticides; Minimum Requirements › Section 2-1-3-11-01-118.01 - Acceptable pesticides for control and/or prevention of pests

Current through June 25, 2024
1. All pesticides recommended by the USDA
						Forest Service, Wood Products Insect Research Unit at Starkville, Mississippi,
						and registered by the Bureau will be acceptable for use in structural pest
						control work performed under these regulations.
2. Pesticides applied for control and/or
						prevention of termites and other structural pests shall be applied in
						accordance with the label.
3.
						Pesticides applied for control and/or prevention of termites and other
						structural pests shall not be applied at concentrations or volumes less than
						specified on the label of the pesticide product being applied. Special
						exceptions may be made with prior approval of the Bureau.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Approved Pesticides; Minimum Requirements › Section 2-1-3-11-01-118.03 - Existing Slab Type Construction

Current through June 25, 2024
1. Treat the entire
						perimeter of the slab foundation.
2. Treat all traps, foundation walls, and
						other openings in the slab.
3.
						Treat all expansion joints, visible cracks and other voids in slab by rodding
						under or drilling through slab and thoroughly saturating the area beneath the
						slab where the above stated conditions exist. When the foundation wall or slab
						is drilled or rodded, the holes must not be more than 24 inches apart along the
						above stated areas.
4. Remove all
						non-pressure treated wood contacting soil and building.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Approved Pesticides; Minimum Requirements › Section 2-1-3-11-01-118.04

Current through June 25, 2024
Use of baiting systems in lieu of chemical barrier for
						  control of subterranean termites shall be in accordance with label
						  specifications of product used. All products must be registered by the United
						  States Environmental Protection Agency and the Bureau.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Approved Pesticides; Minimum Requirements › Section 2-1-3-11-01-118.05 - Pretreatment For Termite Control

Current through June 25, 2024
1. All pretreats
						shall be made in accordance with label directions as specified on the label of
						the pesticide being used. All perimeter treatments must be performed within one
						year of treatment of the horizontal barrier. Upon completion of a perimeter
						treatment, the technician shall post a weather resistant durable sign to the
						exterior electrical meter box attached to the structure that was treated. The
						sign shall be a minimum size of 3.5 inches by 1 inch and give company name,
						company address, name of licensee or permit holder, the date of the perimeter
						treatment and a statement that the notice should not be removed. It will be a
						violation of this section for any licensee or their employees to remove or
						deface a posted notice.
(Amended December 04, 2008)
2. Wood treatment alone shall not be used for
						the only termite pretreatment protection. Wood treatment may be used with
						horizontal barrier, vertical barrier and critical areas soil treatment, or when
						used as specified in subsection
						118.06(3) of this
						chapter.
(Amended December 04, 2008)
3. REPEALED
Miss.
						  Code Ann. §
													69-19-1 & Miss Code Ann.
						  §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Approved Pesticides; Minimum Requirements › Section 2-1-3-11-01-118.07 - Special Cases

Current through June 25, 2024
In special cases, where it is apparent that these
						  specifications are either insufficient or more than sufficient to insure
						  adequate protection, the operator shall consult the Bureau for advice before
						  treatment is started.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Wood Destroying Beetles; Requirements › Section 2-1-3-11-01-119.01

Current through June 25, 2024
When Treatment Will Be Permitted After it is
						  determined that an active infestation exists, treatment will be permitted for
						  the control or prevention of reinfestation of the families of beetles which are
						  known to reinfest seasoned wood, i. e., Anobiidae, Lyctidae, Bostrichidae,
						  Cerambycidae (old house borer and flat oak borer only) and Curculionidae.
						  Preventative treatment in the absence of an infestation is not recommended and
						  is prohibited without approval of the Bureau. Treatment is expressly prohibited
						  for the control or prevention of other beetles that may cause damage to
						  seasoned wood in structures such as Ambrosia beetles, Bark beetles, Flat headed
						  borers, long horned borers, Metallic wood borers, Pin worms, Roundheaded borers
						  other than old house and flat oak borers, Timber beetles, and the Siricidae
						  (woodwasps) or Marine borers except with prior approval of the Bureau and
						  specification of the organism involved on the treatment or service
						  proposal.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Wood Destroying Beetles; Requirements › Section 2-1-3-11-01-119.02 - Determining Active Infestations

Current through June 25, 2024
1. Determining the
						activity of Anobiidae (anobiid powder post) beetles in sub structures, attached
						garages or other outbuildings, and stored lumber.
a. The presence of frass the color of fresh
						cut wood will be acceptable as evidence of an active infestation of the
						Anobiidae.
b. The presence of holes
						alone or holes and dull colored frass will not be acceptable evidence of an
						active infestation of the Anobiidae except in such cases where live larvae and
						pupae are found in wood members. NOTE: Where numerous holes alone and/or dull
						colored frass are found in wood members, this should encourage the licensee or
						his representative(s) to check the upper living areas for infestation and to
						recheck the property during the optimum time for frass production by Anobiidae
						(March 15 to July 15). It should be pointed out that Anobiidae beetles usually
						infest products older than ten years and most infestations are confined to
						softwoods such as pine, whereas the Lyctidae only actively infest recently
						processed hardwoods such as domestic oak and pecan or foreign woods such as
						banak, meranti and obeche.
c.
						Numerous other beetles may cause damage in the products that the Anobiidae and
						Lyctidae infest. Identification aids for these beetles are: (1) timber beetles
						and pin worms no frass in tunnels, tunnel walls stained darker than surrounding
						wood, no activity in products older than five years, and (2) bark beetles or
						bostrichids in softwoods holes few in number in or near bark, larval tunnels
						beneath bark scoring bark and wood, some of the frass is same color as inner
						bark.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Wood Destroying Beetles; Requirements › Section 2-1-3-11-01-119.03 - Treatment Procedures

Current through June 25, 2024
1. When wood
						destroying beetles are present at or below the subfloor level, then control
						measures should be applied from underneath the structure using an approved
						pesticide in accordance with label directions.
2. If there is evidence to indicate or
						reasonable cause to suspect that a substantial active infestation of wood
						destroying beetles exists above the subfloor level, then fumigation with an
						approved fumigant is permitted, provided the property owner has been informed
						of other alternative treatments such as removal and replacement of infested
						wood members or treatment of the sub structure only if it is actively infested.
						At least 48 hours prior to the scheduled release of the fumigant, the licensee
						must notify the Bureau of the location and time of treatment and the type of
						infestation present.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Pest Control Advisory Council › Section 2-1-3-11-01-120.01

Current through June 25, 2024
Purpose To advise the Bureau on matters concerning
						  rules and regulations regarding persons licensed in categories (1) and (3) in
						  subsection 104.04 of this chapter.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Pest Control Advisory Council › Section 2-1-3-11-01-120.02 - Members

Current through June 25, 2024
1. This advisory council shall consist of
						five persons, elected as provided for in subsection 120.03, licensed in
						categories (1) and (3) under subsection 104.04 of this chapter. Also, one
						alternate to serve in the absence of another member.
2. Members of the council shall be elected
						one each from the three Supreme Court districts as set forth in Miss. Code Ann.
						9 3 1, two from the state at large and one alternate. Each member of the
						council shall be elected to serve a two-year term. The council members elected
						to represent districts two and three and the alternate council member shall be
						elected during every odd numbered year by the Mississippi Pest Control
						Association at an appropriate assembly as set forth in subsection 120.03 below.
						The council members elected to represent district one and the two at large
						shall be elected during each even numbered year by the Mississippi Pest Control
						Association at an appropriate assembly as set forth in subsection 120.03
						below.
3. In the event that one of
						the council members is removed pursuant to subsection 120.05 below, or is
						otherwise unable to fulfill the two-year term, then in that event the alternate
						will permanently replace the council member so removed for the remainder of the
						replaced members term. The Board of Directors of the Mississippi Pest Control
						Association shall replace the alternate and fill any additional vacancies
						beyond the alternate that may have occurred.
4. The council shall elect officers among its
						members at the regularly scheduled first quarter meeting.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Pest Control Advisory Council › Section 2-1-3-11-01-120.03

Current through June 25, 2024
Election of Members Members shall be elected to
						  represent the following areas, one from each of the three Supreme Court
						  Districts in the State and two from the State at large. Elections will be
						  conducted by the Mississippi Pest Control Association at an appropriate
						  assembly open to all license holders. Persons holding a valid license in
						  categories (1) and (3) of subsection 104.04 of this chapter shall have one
						  vote. Nominations shall be made by the nominating committee named by the Board
						  of Directors of the Mississippi Pest Control Association. Nomination notices
						  shall be sent to all license holders requesting any additional nominations who
						  are qualified and willing to serve. Election results shall be based on popular
						  votes.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Pest Control Advisory Council › Section 2-1-3-11-01-120.04

Current through June 25, 2024
Meetings Will be held quarterly and special meetings
						  as needed.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 01 - Regulations Governing Commercial Insect, Rodent, Plant Disease, and Weed Control Work › Pest Control Advisory Council › Section 2-1-3-11-01-120.05 - Conduct

Current through June 25, 2024
Members may not disclose any names of individuals,
						  companies or situations that might expose those involved in discussions in
						  meetings or information supplied by the Bureau. All members are required to
						  meet at least three of the four meetings each year. Any absence beyond one
						  shall automatically remove the member from the council. No member may succeed
						  himself in consecutive terms but may be re elected after a one year
						  absence.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss Code Ann. §
													69-23-109.
Subchapter 01 was adopted on March 29, 1977. The
							 department amended this subchapter 01 on September 18, 1979, June 25, 1980,
							 December 18, 1984, March 30, 1989, April 3, 1991, March 19, 1993, May 12, 1995,
							 June 5, 1998, July 25, 2000, June 14, 2001, September 1, 2004, April 4, 2005,
							 July 26, 2005, July 5, 2007, July 27, 2008, December 4, 2008, May 20, 2010 and
							 December 19, 2012.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Persons Required to Secure a License › Section 2-1-3-11-02-201

Current through June 25, 2024
Entomological, plant pathological and weed control
						  consultants must secure a license from the Bureau of Plant Industry,
						  Mississippi Department of Agriculture and Commerce, in accordance with
Miss. Code Ann.
Sections
						  69-19-1
						  and
						  69-19-9.
						  No person shall advertise in any manner to render professional services or
						  solicit business as entomological, plant pathological and weed control
						  consultants within the meaning of the Act without first obtaining a
						  license.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss. Code Ann. §
													69-25-7
						  (Rev. 2008).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › License Application; Qualifications › Section 2-1-3-11-02-202

Current through June 25, 2024
Application for a license shall be submitted on a form
						  furnished by the Bureau. No application for a license shall be accepted unless
						  the applicant shall furnish written proof that he/she meets one of the
						  following requirements; provided that in extraordinary cases, these
						  requirements may be waived by the Advisory Board.
1. Masters or Ph.D. degree from an accredited
						college or university in the field for which a license is requested.
2. Bachelors degree from an accredited
						college or university in the field for which a license is requested and one (1)
						year's experience in said field.
3.
						Must be graduated from an accredited college or university with at least
						fifteen (15) semester hours or the equivalent in the field for which a license
						is requested and one (1) year's experience in said field.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss. Code Ann. §
													69-25-7
						  (Rev. 2008).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Examinations; License Categories › Section 2-1-3-11-02-203.01

Current through June 25, 2024
Each person to secure a license in accordance with the
						  Act and this regulation shall be examined as follows: When the firm is under
						  the control of one person who is solely responsible for all recommendations,
						  this person alone shall be required to pass the examination. When more than one
						  person is responsible, then each shall be required to pass the
						  examination.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Examinations; License Categories › Section 2-1-3-11-02-203.02

Current through June 25, 2024
The applicant shall take an examination which shall be
						  written and, in general, cover the subject of the professional services
						  designated in the application.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Examinations; License Categories › Section 2-1-3-11-02-203.03 - Examination Dates

Current through June 25, 2024
Examinations shall be offered either as computer-based
						  at proctored testing centers in Mississippi or written. Written examinations
						  shall be given once each quarter at Mississippi State, Mississippi. The dates
						  for written examinations shall be the second Tuesday in January, April, July,
						  and October of the calendar year. In the event any of these days are
						  unavailable, the applicant will be notified of the rescheduled date at least
						  one (1) testing quarter in advance. If the applicant fails the examination for
						  the first time, the applicant may take the examination again after a period of
						  at least ninety (90) days. If the applicant fails the examination the second
						  time, the applicant shall wait a full year before taking the examination the
						  third time.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Examinations; License Categories › Section 2-1-3-11-02-203.04

Current through June 25, 2024
Categories in which examinations are to be given and
						  for which licenses will be issued:
1.
						Entomological Consultant. Categories are as follows:
a. Agricultural Entomology Crops Giving
						advice or prescriptions for the control of insects or rodents of field crops,
						vegetable crops, pastures and rangeland.
b. Forest Entomology Giving advice or
						prescriptions for the control of forest insects or rodents.
c. Household, Structural and Industrial
						Entomology Giving advice or prescriptions for the control of household insects
						or rodents, structural insects (such as termites, powder post beetles, etc.)
						and industrial insects or rodents (such as insects or rodents in stores,
						warehouses and transportation facilities including trucks, railroad cars,
						etc.).
d. Medical, Veterinary and
						Public Health Entomology Giving advice or prescriptions for the control of
						insects or rodents affecting man and other animals.
e. Orchard and Nut Tree Entomology Giving
						advice or prescriptions for the control of insects or rodents injurious to
						fruit and nut tree orchards and/or groves.
f. Ornamental Entomology Giving advice or
						prescriptions for the control of insects or rodents injurious to ornamentals,
						lawns, turf and shade trees.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Issuance of a License › Section 2-1-3-11-02-204

Current through June 25, 2024
If the qualifications and other requirements of the
						  applicant are satisfactory, the Bureau shall then issue a license which shall
						  expire on December 31, following date of issue unless suspended or revoked for
						  cause.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss. Code Ann. §
													69-25-7
						  (Rev. 2008).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Denial, Suspension or Cancellation of a License; Refusal to Issue or Renew Same › Section 2-1-3-11-02-205.01

Current through June 25, 2024
Where the holder of a license commits any of the
						  following acts or omissions, it shall be grounds to suspend, modify, deny,
						  cancel or revoke such license, in addition to those grounds set forth in
Miss. Code Ann.
§
												69-19-9,
						  §
												69-25-51,
						  to wit:
1. Misrepresentation for the
						purpose of deceiving or defrauding.
2. Making of a false statement with knowledge
						of its falsity for the purpose of inducing others to act thereon to their
						detriment.
3. Failure of the
						licensee to supply the Bureau or its authorized representative, upon request,
						with true and accurate information concerning methods and materials used, or
						work performed, or other information essential to the administration and
						enforcement of the Act or these regulations.
4. Performing work in a category for which
						the licensee does not hold a license.
5. If repeated inspections by inspectors of
						the Bureau of Plant Industry reveal that the licensee is not performing
						services in a satisfactory manner.
6. Conviction in any of the courts of this
						state of a violation of the Act or these rules and regulations.
7. Intentional misrepresentation in any
						application for a license.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Conditions for Renewal of License › Section 2-1-3-11-02-206

Current through June 25, 2024
In order for a license to be renewed each year, the
						  licensee must submit a request for renewal on a form prescribed by the Bureau
						  and show proof that he/she is knowledgeable of current control recommendations
						  and techniques by either attending an approved training course or passing an
						  examination. No license shall be renewed if the licensee has not engaged in the
						  professional services for a period of three years unless he/she is
						  re-examined.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss. Code Ann. §
													69-25-7
						  (Rev. 2008).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Records › Section 2-1-3-11-02-207

Current through June 25, 2024
Licensee shall keep complete and accurate records of
						  all services performed including recommendations for which fees are received
						  and for two (2) years after their expiration. Such records shall be available
						  for examination by employees of the Bureau during reasonable business
						  hours.
Miss. Code Ann.
						  §
													69-19-1
						  & Miss. Code Ann. §
													69-25-7.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 02 - Regulations Governing Entomological, Plant Pathological and Weed Control Consultants › Bonafide Employee › Section 2-1-3-11-02-208

Current through June 25, 2024
Services performed under any section of these
						  regulations must be performed only by the licensee or his/her bonafide
						  employee.
(Subchapter 02 amended Aug. 12,
						  2010.)
Miss. Code Ann.
						  §
													69-19-1
						  & Miss. Code Ann. §
													69-25-7
						  (Rev. 2008).
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 03 - Regulations Governing Commercial Weed Control Work

Current through June 25, 2024
Subchapter 03 was adopted on March 29, 1977. The
						Department amended subchapter 03 on September 18, 1979, May 12, 1995, June 5,
						1998. The Department repealed subchapter 03 on May 21,
						2010.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Definitions › Section 2-1-3-11-04-400

Current through June 25, 2024
For the purpose of these regulations, the following
						  words, names and terms shall be construed within the meaning and purpose of
Miss. Code Ann.
Sections
						  69-19-1
						  through
						  69-19-11.
1. "Act" shall mean
Miss. Code
						Ann
. Sections
						69-19-1
						through
						69-19-11.
2. "Bonafide Employee" shall be a person who
						receives all or part of his salary, pay or commission from a license holder and
						whose salary, pay or commission is regularly reported under Federal Social
						Security and/or income tax laws.
3.
						"Bureau" shall mean the Bureau of Plant Industry of the Mississippi Department
						of Agriculture and Commerce created under the provision of
Miss. Code
						Ann
Section
						69-25-3.
4. "Executive Secretary and/or State
						Entomologist" shall mean the executive secretary and director and/or state
						entomologist of the Bureau of Plant Industry, Mississippi Department of
						Agriculture and Commerce, as set forth in
Miss. Code Ann
Section
						69-25-5.
5. "Horticulturist and/or floriculturist"
						shall mean a person receiving fees for landscaping and setting of plants or for
						the sale of any plants for which the seller contracts to render future
						services.
6. "Licensed operator"
						shall mean the person who shall be responsible for fulfillment of all services
						to be rendered by a company licensed to perform professional services covered
						by these regulations.
7. "Person"
						shall mean any individual, partnership, corporation, association, company or
						organized group of persons whether incorporated or not.
8. "Professional Services" shall mean any of
						the professional services performed as designated by the category listed under
						Subsection 403.02 of this chapter.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › Persons Required to Secure License › Section 2-1-3-11-04-401

Current through June 25, 2024
Horticulturists and/or floriculturists must secure a
						  license from the Bureau of Plant Industry, Mississippi Department of
						  Agriculture and Commerce, in accordance with
Miss. Code Ann
Section
						  69-19-9.
						  No person shall advertise in any manner to render professional services or
						  solicit business within the meaning of the Act without first obtaining a
						  license.
Miss. Code Ann.
						  §
													69-19-1.
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 3 - Bureau of Plant Industry › Chapter 11 - Regulation of Professional Services › Subchapter 04 - Regulations Governing Landscape Horticulturist › License Application; Qualifications › Section 2-1-3-11-04-402

Current through June 25, 2024
Application for license shall be submitted on a
						  regular form furnished by the Bureau in time to be approved ten (10) days prior
						  to regularly scheduled examinations. No application for a license shall be
						  accepted unless the applicant shall furnish written proof that he meets one (1)
						  of the following requirements:
1. Must
						be graduated from an accredited college or university with at least 15 semester
						hours or the equivalent in the field for which he is requesting a
						license;
2. Must have not less than
						two (2) years college or university training with special training in the field
						for which he is requesting a license;
3. Must be at least a high school graduate
						and have had, in addition, at least one (1) year's experience with a licensed
						operator within the past two (2) years; or
4. If the applicant does not have a high
						school education or its equivalence, he must be able to furnish proof that he
						has had at least two (2) year's experience with a licensed operator within the
						past three (3) years.
Miss. Code Ann.
						  §
													69-19-1.