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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Certification › Section 2-1-3-09-02-204

Current through June 25, 2024
After all requirements have been met by the applicant,
						  said applicant will then be certified by the Bureau. If the certified
						  applicator changes their mailing address, the Bureau must be notified in
						  writing.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Denial; Suspension; Revocation; and Modification › Section 2-1-3-09-02-205.01

Current through June 25, 2024
The Commissioner with the approval of the advisory
						  board may suspend for not more than thirty (30) days, and then after
						  opportunity for a hearing, may deny, suspend, revoke or modify the
						  certification issued under the act if it is determined that the applicant has
						  committed any of the following offenses, each of which is declared to be a
						  violation of this act:
1. Made false
						or fraudulent claims through any media misrepresenting the effect of materials
						or methods to be used.
2. Operated
						in a faulty, careless or negligent manner or knowingly operated faulty or
						unsafe equipment in a manner as to cause damage to property or
						people.
3. Refused or after notice
						neglected to comply with the provisions of this act, the regulations adopted
						hereunder or any lawful order of the Commissioner.
4. Refused or neglected to keep and maintain
						records required by this act or to make reports when required.
5. Made false or fraudulent records, invoices
						or reports.
6. Used fraud or
						misrepresentation in making application for certification or renewal for
						certification.
7. Aided or abetted
						any person in evading the provisions of this act or allowed one's certification
						to be used by an uncertified person.
8. Impersonated any state or federal
						official.
9. Convicted of a
						violation under the Federal Insecticide, Fungicide and Rodenticide
						Act.
10. Convicted for using any
						restricted-use pesticide in a manner which is determined to be inconsistent
						with its labeling.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Denial; Suspension; Revocation; and Modification › Section 2-1-3-09-02-205.02

Current through June 25, 2024
Any person who is denied certification or when
						  certification is suspended, revoked or modified by the Commissioner shall be
						  afforded an opportunity for a fair hearing before the advisory board in
						  connection therewith upon written application to the Commissioner within thirty
						  (30) days after receipt of notice from the Commissioner of such denial,
						  suspension, revocation or modification. The Commissioner shall set a time and
						  place for such hearing and shall convene the board within ten (10) days
						  following receipt of the written application for a hearing. The board shall
						  receive evidence and affirm, modify or reverse the determination of the
						  Commissioner within five (5) days.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Denial; Suspension; Revocation; and Modification › Section 2-1-3-09-02-205.03

Current through June 25, 2024
Any person aggrieved by the determination of the board
						  may petition the chancery court of the county of residence of such person or
						  the Chancery Court of Hinds County for a review with supersedes. The chancellor
						  shall grant a hearing on said petition and may grant such review with
						  supersedes; the appellant may be required to post bond with sufficient sureties
						  in an amount to be determined by the chancellor. Upon the review of any such
						  decision, additional evidence may be received and considered, but any record
						  made or evidence heard before the board or Commissioner may be submitted. Any
						  such petition by either party from the determination of the chancellor shall
						  proceed as otherwise provided by law.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Denial; Suspension; Revocation; and Modification › Section 2-1-3-09-02-205.04

Current through June 25, 2024
When certification has been revoked, said person shall
						  be notified by certified mail.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Reporting › Section 2-1-3-09-02-206

Current through June 25, 2024
Applicators certified under this regulation shall keep
						  complete and accurate records of all work performed for at least two years.
						  Such records shall be available for examination by employees of the Bureau
						  during reasonable business hours. Such records shall include location, type of
						  service performed, date performed, chemical used if any, strength, amount, pest
						  controlled and such other information as may be necessary for a complete
						  record.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Nonresident Commercial Applicators To Designate Secretary of State As Agent For Service of Process › Section 2-1-3-09-02-207

Current through June 25, 2024
Any nonresident commercial applicator applying for a
						  license under the act to operate in the state shall file a written power of
						  attorney designating the secretary of state as the agent of such nonresident
						  upon whom service of process may be had in the event of any suit against said
						  nonresident person, and such power of attorney shall be prepared and in such
						  form as to render effective the jurisdiction of the courts of this state over
						  such nonresident applicant. Provided, however, that any such nonresident who
						  has a duly appointed resident agent upon whom process may be served as provided
						  by law shall not be required to designate the secretary of state as such agent.
						  The secretary of state shall be allowed such fees therefore as provided by law
						  for designating resident agents. The Commissioner shall be furnished with a
						  copy of such designation of the secretary of state or of a resident agent, such
						  copy to be duly certified by the secretary of state.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Issuance of a Certificate › Section 2-1-3-09-02-208

Current through June 25, 2024
After all requirements have been met by the applicant
						  for certification, the Bureau shall then issue said applicant a certificate.
						  Said certificate shall indicate the category or categories under which said
						  applicant is certified. A certificate is not transferable.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Certification, Expiration and Conditions For Renewal › Section 2-1-3-09-02-209

Current through June 25, 2024
A certified applicator's certification shall expire
						  thirty-six (36) months from the date that the certificate was issued. To renew
						  the certificate, the certified applicator must submit a request for renewal on
						  a form prescribed by the Bureau and show knowledge of current control
						  recommendations, techniques, and changing technology and pesticide usage. To
						  meet these requirements, the certified applicator must have attended a training
						  course within the past twelve (12) months that is approved by the Bureau or
						  successfully complete an examination administered by the
						  Bureau.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Reciprocity › Section 2-1-3-09-02-210

Current through June 25, 2024
The examination for certification may be waived if one
						  of the following conditions are met:
1. The applicant is already certified to
						perform the same professional services in a state with standards equal to those
						of Mississippi.
2. A federal
						employee presents a federal form stating that he or she is competent and
						certified under the governmental agency plan.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Exemptions › Section 2-1-3-09-02-211.01

Current through June 25, 2024
Persons conducting laboratory type research involving
						  restricted-use pesticides, and doctors of medicine and doctors of veterinary
						  medicine applying pesticides as drugs or medication during the course of their
						  normal practice are exempt from the certifying provisions of this
						  regulation.
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 09 - Pesticide Application Law › Subchapter 02 - Regulations Governing Certified Applicators Who Are Not Required By Other Mississippi Laws And Regulations To Be Licensed Or Certified › Exemptions › Section 2-1-3-09-02-211.02

Current through June 25, 2024
Public applicators are exempt from requirements set
						  forth in Section 207 of this chapter.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Applicability › Section 2-1-3-10-01-100

Current through June 25, 2024
These regulations are adopted pursuant to the
						  authority granted in
Miss. Code Ann.
69-21-109 and apply to
						  the aerial application of pesticides, fertilizer and see in Mississippi. All
						  persons engaged in such activities must comply with these
						  regulations.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Applicator's License › Section 2-1-3-10-01-102

Current through June 25, 2024
Applicator - Any person who intends to conduct, or
						  engage in the practice of aerial application, as defined above, in the State of
						  Mississippi shall first make application for and obtain an applicator's license
						  from the Department on a form prescribed by the Department and said applicant
						  shall:
1. Designate the name under
						which the applicant will do business;
2. Submit proof of payment of all ad valorem
						and other taxes which might be applicable on aircraft and other equipment to be
						used;
3. Establish proof of
						residency in accordance with Section 106 or appoint a resident agent for
						service of process in accordance with Section 107;
4. File a proposal of intended operation or
						activity;
5. Submit a copy of a
						photographic identification card.
6. Designate a person who will meets serve as
						chief pilot and supervisor of operations, which may be the applicant, or some
						other person;
7. The applicant must
						demonstrate competency by passing a written examination administered by the
						Department. The examination will cover aerial application methods and
						procedures in general, and include the standards for certification of
						applicators as set forth in Code of Federal Regulations, Chapter 40, Section
						171.4 ( 40 CFR § 171.4 ).
8.
						Have available the services of at least one aircraft registered by the
						Department in accordance with Section 202.01(11) and one pilot currently
						licensed by the Department in accordance with Section 103.01;
9. Hold a current agricultural aircraft
						operator's certificate from FAA under FAR Part 137;
10. Submit proof of financial responsibility
						to the Department, and upon obtaining a license, such person shall maintain
						proof of financial responsibility at all times while such license is in effect,
						in accordance with Section 105;
11.
						Register with the Department all aircraft and pilots used in agricultural
						aircraft operations in Mississippi.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Pilot's License › Section 2-1-3-10-01-103.01

Current through June 25, 2024
Pilot - Each person who intends to personally operate
						  an aircraft engaged in agricultural aircraft operations in or over the State of
						  Mississippi shall first make application for and obtain a pilot's license from
						  the Department on a form prescribed by the Department and said applicant
						  shall:
1. Demonstrate that he is
						licensed as, or is employed by, a licensed applicator;
2. Provide the name of the firm for which the
						applicant will act as a pilot;
3.
						Provide his resume;
4. Present a
						copy of a photographic identification card;
5. Demonstrate competency by passing a
						written examination administered by the Department;
6. Present his current commercial or airline
						transport pilot certificate from FAA;
7. Present evidence of his current medical
						date and rating for type of aircraft to be operated; and
8. Present a copy of current biennial flight
						review and current 2nd class medical.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Pilot's License › Section 2-1-3-10-01-103.02

Current through June 25, 2024
Retrospective Application. Any valid pilot license
						  issued or chief pilot designated in accordance with Section
						  69-23-109(4)will
						  be honored by the Department until March 31, 2010.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Chief Pilot Designation › Section 2-1-3-10-01-104

Current through June 25, 2024
Chief Pilot - In order to be designated as a chief
						  pilot by an applicator the designee shall:
1. Be the holder of a current pilot's license
						issued by the department;
2. Have
						at least 500 hours of commercial aerial application flying time as
						pilot-in-command, and two years experience either as a chief pilot or under the
						direct supervision of a chief pilot in accordance with FAR 137 and in
						accordance with governing state laws in the state or states where the
						experience was gained, and be able to show proof thereof. Proof of experience
						may consist of a notarized affidavit from one of the following persons who has
						personal knowledge of the designee's experience: another applicator, a state or
						federal regulatory official, or an officer of a State or National Agricultural
						Aviation Association, or any other person as may be acceptable to the
						Department;
3. Hold a current
						commercial or airline transport pilot certificate from FAA;
4. Hold/possess a Current Second (2d) Class
						medical; and
5. Submit proof from
						FAA that the person has met the knowledge and skill tests requirement and is
						competent to serve as chief pilot in accordance with FAR 137.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Financial Responsibility › Section 2-1-3-10-01-105.01

Current through June 25, 2024
Each applicant for a license as an applicator in
						  Mississippi shall submit proof of financial responsibility to the Department,
						  and upon obtaining a license, such person shall maintain proof of financial
						  responsibility at all times while such license is in effect.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Financial Responsibility › Section 2-1-3-10-01-105.02

Current through June 25, 2024
Proof of financial responsibility shall consist of one
						  of the following:
1. Delivery to the
						Department of a corporate surety bond in favor of any person or persons who may
						suffer damage by reason of the operation of an aerial application service,
						issued by a corporate surety company authorized to do business in this state,
						which surety bond shall be in the amount not less than $300,000 or;
2. Delivery to the Department proof of an
						aircraft liability insurance policy issued by an insurance company authorized
						to do business in this state, insuring the licensee against liability for
						bodily injury or property damage resulting from the aerial application of
						agricultural substances, such insurance policy shall be in the minimum amount
						of $100,000 for bodily injury for any one person, $300,000 for bodily injury
						for any one occurrence and $100,000 for property damage for any one occurrence
						for each aircraft registered with the Department.
Beginning January 1, 2010 all applicators must have in
						  force an annual property damage aggregate limit of not less than $500,000 on
						  all liability insurance polices.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Proof of Residency › Section 2-1-3-10-01-106

Current through June 25, 2024
Resident applicators must establish proof of residency
						  in the State of Mississippi. Proof of residency may be established by any one
						  of the following:
1. A statement from
						the local circuit clerk certifying that the applicant is a qualified elector in
						that county;
2. A statement from
						the local tax assessor certifying that the applicant filed for homestead
						exemption for the current year;
3.
						A statement from the local sheriff certifying that the applicant owns, and
						regularly pays taxes on, real or personal property in his home county. If proof
						of residency cannot be established, it will be necessary for the applicant to
						appoint a resident agent as outlined for non-resident applicants in Section 207
						of this regulation; or
4. Any other
						proof of residency as may be acceptable to the Department.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Licensing of Non-Resident Applicators › Section 2-1-3-10-01-107

Current through June 25, 2024
Any person who is a non-resident of this state shall
						  obtain an applicator's license from the Department before operating as an
						  applicator in Mississippi. In addition to obtaining an applicator's license, a
						  non-resident applicator shall:
1.
						Designate and maintain a resident agent in Mississippi for service of process.
						The applicator shall tender to the Department with his application a copy of
						his Certificate of Authority from the Mississippi Secretary of State indicating
						the name and address of the applicator's resident agent. An unincorporated
						applicator shall tender a document stating the name and address of his resident
						agent, which shall be signed by such resident agent. By engaging in
						agricultural aircraft operations in the State of Mississippi, the applicator
						will be considered to have submitted to the jurisdiction of the courts of said
						state.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Fees for Licenses › Section 2-1-3-10-01-108.01

Current through June 25, 2024
A fee of One Hundred Fifty dollars $(150.00 for each
						  aircraft owned, operated, used and employed in aerial application by an
						  applicator shall be paid to the Department for the issuance or annual renewal
						  of a license for an applicator.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Fees for Licenses › Section 2-1-3-10-01-108.02

Current through June 25, 2024
A fee of One Hundred Fifty dollars $(150.00) for each
						  pilot engaged in aerial application shall be paid to the Department for the
						  issuance or annual renewal of a license for a pilot.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Issuance of Licenses › Section 2-1-3-10-01-109.01

Current through June 25, 2024
Upon receipt and approval of an application with
						  appropriate related documents and payment of the applicable fees, the
						  Department shall issue licenses as set forth below:
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Issuance of Licenses › Section 2-1-3-10-01-109.02

Current through June 25, 2024
Each applicator shall be issued a license as an
						  applicator to conduct agricultural aircraft operations in Mississippi in
						  accordance with and subject to the provisions of
Miss. Code
						  Ann.
§§
												69-21-101
						  through
						  69-21-128
						  and the regulations adopted by the Department.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Issuance of Licenses › Section 2-1-3-10-01-109.03

Current through June 25, 2024
Each aircraft shall be identified at all times by a
						  decal supplied to the applicator by the Department.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Issuance of Licenses › Section 2-1-3-10-01-109.04

Current through June 25, 2024
Each pilot shall be issued a license, which will also
						  serve as an identification card, identifying him or her as a registered pilot
						  and/or chief pilot as the case may be. Each pilot shall have this card in his
						  or her possession at all times when engaged in aerial application
						  activities.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Issuance of Licenses › Section 2-1-3-10-01-109.05

Current through June 25, 2024
All licenses shall expire on the 31st of March of the
						  year following their issuance and may be renewed for the ensuing year on or
						  before that date.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Additional Aircraft and Pilots, Deletions, and Transfers › Section 2-1-3-10-01-110

Current through June 25, 2024
Licensed applicators may add or delete aircraft and
						  pilots, or transfer the registration fee to substitute aircraft, at any time
						  during the license period in accordance with these guidelines:
1. Additional aircraft may be added by filing
						a form to register additional aircraft, paying the applicable registration fee,
						and submitting proof of financial responsibility;
2. Aircraft may be deleted by notifying the
						Department;
3. The registration fee
						for a deleted aircraft may be transferred to a substitute or replacement
						aircraft by requesting such transfer on a form prepared for that purpose and
						paying a transfer fee of $10.00 for a new decal for the substitute or
						replacement aircraft;
4. The
						registration fee and decal for an aircraft may be transferred to a new owner by
						requesting such transfer on a form prepared for that purpose and paying a
						transfer fee of $10.00, provided the new owner is a currently registered
						applicator. The registration fee and decal cannot be transferred to a person
						who is not a currently registered applicator;
5. Additional pilots may be added by filing a
						request with the Department on a form prepared for that purpose, provided that
						the applicant is currently licensed and registered with the Department. If the
						applicant does not hold a current license from the Department, the form for
						adding additional pilots must be accompanied by an application for a pilot's
						license as outlined in Section 103.01, along with the documentary evidence of
						compliance and the appropriate fee. 6. A new chief pilot may be designated at
						any time by filing a designation with the Department on a form prepared for
						that purpose, provided the new chief pilot is qualified to serve in that
						capacity.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Renewal of Licenses › Section 2-1-3-10-01-111

Current through June 25, 2024
Licenses shall be effective for a period not to exceed
						  one (1) year. Any licensee wishing to have a license renewed must submit an
						  application for renewal with the Department at least thirty (30) days before
						  the expiration of the license. If the applicant submits a timely and complete
						  application for renewal, and the Department, through no fault of the applicant,
						  fails to reissue the license on or before the expiration date of the existing
						  license, the existing license shall remain in effect until final action on the
						  renewal application is taken by the Department. Licenses are subject to
						  modification, revocation or suspension for cause at any time during the
						  effective dates of the license. In addition to submitting an application, a
						  licensee shall:
1. Pay the applicable
						fees;
2. Provide proof of
						maintenance of certification on an annual basis, which may consist of
						attendance at an approved training session, or retesting, to be determined by
						the Department;
3. Provide proof of
						financial responsibility (applies only to applicators);
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Processing of Application, Denial of License › Section 2-1-3-10-01-112

Current through June 25, 2024
Upon receipt of an application for a license, the
						  Department shall review the application for compliance with the act and these
						  regulations, and either approve or disapprove the application. If the
						  Department disapproves the application, the applicant shall be notified in
						  writing of the reasons therefore, and given an opportunity to amend the
						  application. The Department shall be afforded an opportunity and reasonable
						  time to investigate or verify any information or claims made on an application,
						  and may ask the applicant for additional supporting information in order to
						  assure that these regulations and the law are complied with.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Records › Section 2-1-3-10-01-113.01

Current through June 25, 2024
Applicators shall keep and maintain for two years all
						  records of any applications of agriculture substances, which shall contain the
						  following information:
1. The date the
						application was made;
2. The brand
						name of the agricultural substances applied and the rate of application (lb
						/acre;quarts/acre);
3. The
						crop/site to which the application was made;
4. The target pest, if applicable;
5. Number of acres sprayed;
6. Location of site and owner;
7. Wind direction and speed;
8. Name of pilot and N No. of
						aircraft;
9. Any accidents, aborted
						loads, or unusual circumstances or occurrences during the application;
						and
10. EPA registration number of
						pesticide being applied
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Records › Section 2-1-3-10-01-113.02

Current through June 25, 2024
All applicators applying glyphosate prior to January
						  1, 2010 in the following counties: Bolivar, Carroll, Coahoma, DeSoto, Grenada,
						  Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower,
						  Tallahatchie, Tate, Tunica, Warren, Washington and Yazoo must utilize in each
						  registered aircraft an on-board differentially corrected Global Positioning
						  System (GPS) capable of electronically recording and post processing into hard
						  copies flight information related to each application of glyphosate products.
						  The information recorded shall include the following data:
1. Date and time of day of each
						application
2. Swath
						width
3. Physical location
						(latitude and longitude)
4.
						Altitude
5. Complete tracking of
						aircraft from take-off to landing
6. Spray on/off delineation - coordinated on
						application map
7. Job
						location/file name
8. Aircraft
						registration number
9. Pilot
						identification
Beginning with date of January 1, 2010, this subsection
						  will apply to applications of any and all pesticides applied anywhere in the
						  State of Mississippi.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Records › Section 2-1-3-10-01-113.03

Current through June 25, 2024
The data described in this section shall be provided
						  to the Department in electronic and hard copy format upon request of the
						  Department. Data shall be archived for 24 months from date of
						  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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Records › Section 2-1-3-10-01-113.04

Current through June 25, 2024
Any applicator who applies glyphosate must maintain a
						  written record of the following information stating the conditions under which
						  all glyphosate applications will be made, for purposes of demonstrating
						  compliance with Section 116.01(2) of this Regulation:
1. specific nozzle type and size, directions
						of spray as it leaves the nozzle (i.e. straight back =
						00; down-and-back at 450
						= 450; straight down =
						900; etc.);
2. boom pressure, (psi);
3. the name(s) and amount(s) of any additives
						(amount per 100 gallons of spray) in the spray tank;
4. aircraft speed (mph) while spraying
						field(s);
5. swath width
						(ft.);
6. number of nozzles
						delivering spray; and
7. VMD and
						source of VMD information.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › License and Pesticide Violations › Section 2-1-3-10-01-114

Current through June 25, 2024
It shall be unlawful for any person to:
1. Act, operate, or do business as an
						applicator or pilot, or to engage in agricultural aircraft operations, without
						first obtaining an applicator's or pilot's license from the
						Department;
2. Act, operate, or do
						business as an applicator or pilot in violation of any rule or regulation
						adopted by the Department in accordance with
Miss. Code Ann.
Section
						69-21-109(1);
						or
3. Violate the provisions of any
						other applicable law or regulation.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Disciplinary Actions for Violations › Section 2-1-3-10-01-115

Current through June 25, 2024
If any person shall violate the terms of
Miss.
						  Code Ann. §§
69-21-101 through 69-21-128 or any of the
						  regulations promulgated thereunder, the administrative procedures described in
Miss. Code Ann.
§§
												69-25-51
						  to
						  69-25-63
						  shall be followed. Disciplinary action may be taken by the Department if it
						  finds that a person has committed any of the following acts or omissions,
						  to-wit:
1. Has made a misrepresentation
						for the purpose of defrauding;
2.
						Has made false a statement or representation in his application for issuance or
						renewal of a license;
3. Has
						violated any aerial application law or the regulations promulgated by the
						Department;
4. Has made any
						application in a careless or negligent manner;
5. Has used or applied any pesticide in a
						manner which is inconsistent with its labeling;
6. Has neglected or refused to keep and
						maintain records required by these regulations, or refused or neglected to make
						reports when required or refused to make such records available to the
						department.
7. Has made false or
						fraudulent records, invoices, or reports;
8. Has aided or abetted any person in evading
						the provisions of any law or regulation, or allowed his license to be used by
						an unlicensed person;
9. Has
						violated the Federal Insecticide, Fungicide and Rodenticide Act;
10. Has performed work in a category for
						which he is not licensed;
11. Has
						been convicted in any of the courts of this state for a violation of any aerial
						application law or these regulations;
12. Has refused to yield an agricultural
						substance sample to the Department or its employees;
13. Has failed to renew the bond or insurance
						required in these regulations to maintain financial responsibility;
						or
14. Has applied an agricultural
						substance in such a manner that allowed it to drift from a target site to a
						non-target site.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Spray Equipment › Section 2-1-3-10-01-116.01

Current through June 25, 2024
In order to minimize spray drift via the
						  wingtip/rotortip vortex, the distance between the outermost nozzles shall not
						  exceed seventy percent (70%) of the wingspan/rotorspan, except for aircraft
						  equipped for standard mosquito control applications and helicopters equipped
						  with nozzles delivering sprays with a 750 micron or larger volume median
						  diameter according to the USDA ARS College Station, TX models, or data from
						  nozzle manufacturers.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Spray Equipment › Section 2-1-3-10-01-116.02

Current through June 25, 2024
Only equipment, operating conditions, and tank mixes
						  that will produce a volume median diameter droplet size of 300 microns
						  ([MICRO]m) or larger as determined by use of the appropriate USDA ARS (College
						  Station, TX) atomization model (
http://apmru.usda.gov/downloads/downloads.htm
),
						  or data from nozzle manufacturers, without consideration of any tank mix
						  adjuvants, will be allowed for applications of glyphosate. This rule does not
						  apply to standard mosquito control applications.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Application of Pesticides › Section 2-1-3-10-01-117.01

Current through June 25, 2024
Unless otherwise restricted by regulation or labeling,
						  the application of non-hormone type herbicides is prohibited when the wind
						  speed is over ten (10) miles per hour.
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Application of Pesticides › Section 2-1-3-10-01-117.02

Current through June 25, 2024
Any pilot who applies glyphosate products with a fixed
						  wing aircraft must have at least 500 hours of commercial agricultural aerial
						  application flying 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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Application of Pesticides › Section 2-1-3-10-01-117.03

Current through June 25, 2024
All applicators and/or pilots shall have
						  meteorological equipment at each base of operation capable of physically
						  measuring and recording (1) the location of the application site (latitude and
						  longitude), (2) wind speed, (3) wind direction, and (4) temperature or have
						  access to a recognized meteorological reporting station, within a 10 nautical
						  mile radius of each base of operation, for the purpose of providing (1)
						  physical measurement of the station location (latitude and longitude), (2) wind
						  speed, (3) wind direction and (4) temperature and shall record all applications
						  of agricultural substances utilizing such equipment.
Miss. Code Ann.
						  §
													69-21-109
						  (Rev. 2009).
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 10 - Crop Spraying and Licensing of Aerial Applicators › Subchapter 01 - Regulation of Application by Aircraft of Agricultural Substances › Hormone-Type Herbicide Applications Specifications and Inspection of Spray Equipment on Aircraft for Hormone Type Herbicides › Section 2-1-3-10-01-118.01

Current through June 25, 2024
The spray equipment on an aircraft must have a
						  positive cockpit-operated cutoff control at the tank and the same or equivalent
						  (diaphragm check) at each nozzle and be equipped with functional bleed back
						  systems where booms extend past the last operating nozzle, and must be kept in
						  good operating condition. "Nozzles must be a type and configuration that will
						  deliver a droplet with a volume median diameter of 300 microns or larger". The
						  number of nozzles shall be sufficient to deliver not less than five gallons of
						  water solutions per acre for applications made from April 1 to September 30, or
						  three gallons per acre for applications made from October 1 to March 31. When
						  more than five gallons per acre are to be applied, this may be done by
						  increasing the number of nozzles or the diameter of the orifice openings. So as
						  to reduce the amount of spray drawn into the wing tip vortices, the distance
						  between the outermost nozzles shall not exceed 70% of the fixed wing span or
						  rotor diameter.