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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Registrations › Section 2-1-3-08-01-109.02

Current through June 25, 2024
Federal experimental use permits must be registered;
						  however, no fee is necessary unless the product is to be sold to the cooperator
						  or participant in the state. A copy of the EPA approved labeling, permit and
						  restrictions must be submitted with the application for registration. Also, a
						  list of cooperators and participants must be made available to the Bureau of
						  Plant Industry prior to the actual application of the
						  pesticide.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Registrations › Section 2-1-3-08-01-109.03

Current through June 25, 2024
Any 2,4-D or dicamba products labeled and intended for
						  in-crop use on 2,4-D- or dicamba-tolerant cotton or soybeans shall be
						  classified and registered as "state-restricted use."
Miss. Code Ann.
						  §
													69-23-9
						  and
						  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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Registrations › Section 2-1-3-08-01-109.04

Current through June 25, 2024
Any product containing dicamba as a sole active
						  ingredient in one gallon containers or larger and labeled for agricultural uses
						  shall be classified and registered as "state restricted use."
Miss. Code Ann.,
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Requirements For Pesticides Distributed in Bulk Containers › Section 2-1-3-08-01-110.01

Current through June 25, 2024
Bulk containers, including mobile tanks on wheels,
						  must be labeled with appropriate labeling required under Sections
						  69-23-3
						  through
						  69-23-7
						  and represent the contents thereof.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Requirements For Pesticides Distributed in Bulk Containers › Section 2-1-3-08-01-110.02

Current through June 25, 2024
All bulk containers must contain sample ports from
						  which samples representing the contents can be procured. Necessary equipment to
						  agitate the contents so as to insure that a representative sample can be
						  obtained must be part of the tank system.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Requirements For Pesticides Distributed in Bulk Containers › Section 2-1-3-08-01-110.03

Current through June 25, 2024
All bulk tanks must have locking and seal mechanisms
						  to prevent tampering of the contents by unauthorized persons.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Special Requirements For Pesticides Distributed in Bulk Containers › Section 2-1-3-08-01-110.04

Current through June 25, 2024
Locations where bulk containers are refilled must be
						  registered as "Pesticide producing establishments" by the
						  EPA.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Post-Deprivation Hearing › Section 2-1-3-08-01-111

Current through June 25, 2024
Any stop sale order issued under the terms of the act
						  or these regulations shall be served upon the vendor personally and upon the
						  manufacturer and distributor, if their identity is known, by certified mail.
						  The vendor, manufacturer or distributor ("accused parties") shall then have
						  thirty (30) days after service of the said order upon them within which to
						  request an informal administrative review before the Director of the Bureau of
						  Plant Industry in the Department, or his designee, who shall act as reviewing
						  officer. The accused parties and the Bureau may submit documents in support of
						  their respective positions, as there will be no evidentiary hearing held
						  concerning the charges at the initial stage. This initial informal
						  administrative review will be conducted in accordance with the provisions of
Miss. Code Ann.
§
												69-25-51,
						  except that the stop sale order shall serve as the complaint. If the accused
						  parties do not request an informal administrative review within said time, then
						  they will be deemed to have waived their right to same. After the reviewing
						  officer has made his decision, the parties shall have the same rights of appeal
						  and shall follow the same procedures as set forth in
Miss. Code
						  Ann.
§§
												69-25-51,
et seq
.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Post-Deprivation Hearing › Section 2-1-3-08-01-112 - Reserved

Current through June 25, 2024
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Pesticide Management and Disposal › Section 2-1-3-08-01-113.01

Current through June 25, 2024
Federal Pesticide Management and Disposal Rule, Scope
						  and Definitions, 40 C.F.R. §§ 165.1 -.3, Adopted by Reference. The
						  Department adopts herein by reference the current versions of 40 C.F.R.
						  §§ 165.1 -.3. A copy of the C.F.R. can be accessed online at
www.gpoaccess.gov/cfr
or
						  obtained by emailing the Department at publiccomments@mdac.state.ms.us [File
						  Link Not Available].
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 08 - Pesticide Law Regulations › Subchapter 01 - Regulations Governing Registration of Pesticides and Pesticide Products › Pesticide Management and Disposal › Section 2-1-3-08-01-113.02

Current through June 25, 2024
Federal Pesticide Management and Disposal Rule,
						  Standards for Pesticide Containment Structures, 40 C.F.R., Part 165, Subpart E,
						  Adopted by Reference. The Department adopts herein by reference the current
						  version of 40 C.F.R. Part 165, Subpart E, as the State standards for pesticide
						  containment structures. A copy of the C.F.R. can be accessed online at
www.gpoaccess.gov/cfr
or
						  obtained by emailing the Department at publiccomments@mdac.state.ms.us [File
						  Link Not Available].
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Definitions › Section 2-1-3-08-02-200

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
						  69-23-1 through
						  69-23-27.
1. "Act" shall mean
Miss. Code
						Ann.
Sections
						69-23-1 through
						69-23-27.
2. "Commissioner" shall mean the Commissioner
						of the Mississippi Department of Agriculture and Commerce.
3. "Competent" shall mean one properly
						qualified to perform functions associated with distributing, offering for sale
						and/or selling Restricted Use Pesticides, the degree of capability required
						being directly related to the nature of the activity and the associated
						responsibility.
4. "Dealer License"
						shall mean a document issued by the Bureau indicating that a person is
						competent to distribute, offer for sale and/or sell Restricted Use
						Pesticides.
5. "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.
6. "Person" shall mean any individual,
						partnership, corporation, association, company or organized group of persons
						whether incorporated or not.
7.
						"Restricted Use Pesticide" shall mean any pesticide classified for restricted
						use by the U.S. Environmental Protection Agency or by the
						Commissioner.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Persons Required To Be Licensed › Section 2-1-3-08-02-201

Current through June 25, 2024
A license shall be required for each location or
						  outlet located within the state from which Restricted Use Pesticides are
						  distributed, sold or offered for sale. Any dealer who has no pesticide outlet
						  licensed within this state who distributes Restricted Use Pesticides directly
						  into this state shall obtain a pesticide dealer license for his principal
						  out-of-state location or outlet. Pesticide applicators selling Restricted Use
						  Pesticides shall be required to secure a dealer license when such sales are not
						  an integral part of their application service.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › License Application › Section 2-1-3-08-02-202

Current through June 25, 2024
Application for a pesticide dealer license shall be
						  submitted on a regular form furnished by the Bureau.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Examination › Section 2-1-3-08-02-203.01

Current through June 25, 2024
Competence in the use and handling of pesticides shall
						  be determined by written examination. The examination shall include but not be
						  limited to pesticide safety, handling, storage, disposal, transportation and
						  applicable state and federal laws and regulations.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Examination › Section 2-1-3-08-02-203.02

Current through June 25, 2024
Examination Dates and Locations - Examination dates
						  and locations shall be specified by the Bureau.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Issuance of License › Section 2-1-3-08-02-204

Current through June 25, 2024
After all requirements have been met by the applicant,
						  said applicant will then be issued a pesticide dealer license by the
						  Bureau.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Records › Section 2-1-3-08-02-205.01

Current through June 25, 2024
Licensed pesticide dealers shall keep complete and
						  accurate records of all transactions involving Restricted Use Pesticides.
						  Records shall include information pertaining to the sale of all Restricted Use
						  Pesticides including:
1. Date of
						sale;
2. Dates Received;
3. Name and address of licensed applicator or
						authorized purchase agent purchasing the pesticide product;
4. Certification number of the
						applicator;
5. Brand name and EPA
						registration number of each product sold;
6. Size and number of containers of each
						product sold; and
7. Quantities
						returned to the formulator or manufacturer with an invoice, receipt or similar
						document of a proof;
8. Quantities
						lost due to theft, spillage or other reasons. In cases where Restricted Use
						Pesticides are stolen the Bureau shall be notified immediately upon discovery
						of theft.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Records › Section 2-1-3-08-02-205.02

Current through June 25, 2024
The information listed shall be recorded at the time
						  of sale and may be incorporated into billing invoices or other business
						  transaction records.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Records › Section 2-1-3-08-02-205.03

Current through June 25, 2024
All required information shall be retained for a
						  period of two (2) years in a manner that is readily accessible by authorized
						  Bureau representatives.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Nonresident Dealers To Designate Agent For Service Or Process › Section 2-1-3-08-02-206

Current through June 25, 2024
Any nonresident pesticide dealer applying for a
						  license under the act and these
Regulations 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 Bureau 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.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Denial, Suspension, Revocation and Modification › Section 2-1-3-08-02-207.01

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 license
						  issued under the act if he finds that the applicant has knowingly and
						  consistently committed any of the following applicable to him, each of which is
						  declared to be a violation of the act and these regulations.
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 in an unsafe manner that
						would cause damage to property or person;
3. Refused or after notice neglected to
						comply with the provisions of the act, these regulations, or any lawful order
						of the Commissioner;
4. Refused or
						neglected to keep and maintain records required by the act or these
						regulations;
5. Made false or
						fraudulent records, invoices or reports;
6. Use fraud or misrepresentation in making
						application for a license or renewal for a license;
7. Aided or abetted any person in evading the
						provisions of the act, allowed one's license to be used by a non-licensed
						person;
8. Impersonated any state
						or federal official;
9. Convicted
						for using or causing another person to use any restricted use pesticide in a
						manner which is determined to be inconsistent with its labeling;
10. Distribute, sell or offer for sale any
						pesticide labeled for restricted use to any person, or his agent who is not
						certified to use or purchase such pesticide;
11. Consistently handled, transported,
						stored, displayed, distributed or disposed of any pesticide or container in
						such a manner as to endanger man and his environment;
12. Sold or offered for sale any pesticide on
						which a stop sale notice has been issued by 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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Denial, Suspension, Revocation and Modification › Section 2-1-3-08-02-207.02

Current through June 25, 2024
Any person who is denied a license or when a license
						  is suspended, revoked or modified by the Bureau shall be afforded an
						  opportunity for fair hearing before the advisory board in connection therewith
						  upon written application to the Bureau within thirty (30) days after receipt of
						  notice from the Bureau of such denial, suspension, revocation or modification.
						  The Bureau shall set a time and place for such hearing and shall convene the
						  board within five (5) days following receipt of the written application for a
						  hearing. The board shall receive evidence and affirm, modify or reverse the
						  determination of the Bureau 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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Denial, Suspension, Revocation and Modification › Section 2-1-3-08-02-207.03

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 a 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 by 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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Denial, Suspension, Revocation and Modification › Section 2-1-3-08-02-207.04

Current through June 25, 2024
When a license has been revoked, said person shall be
						  notified by certified mail.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › License Expiration and Conditions For Renewal › Section 2-1-3-08-02-208

Current through June 25, 2024
Licenses for pesticide dealers will expire on December
						  31 of each year and must be renewed annually. Application for renewal shall be
						  submitted on a regular form furnished by the Bureau.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Reciprocity › Section 2-1-3-08-02-209

Current through June 25, 2024
The examination for a license may be waived if the
						  applicant is licensed to perform the same services in a state with standards
						  equal to those of Mississippi and that state will honor the Mississippi
						  examination.
Miss. Code Ann.
						  §
													69-23-9.
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 08 - Pesticide Law Regulations › Subchapter 02 - Regulations Governing Persons Distributing or Offering for Sale Restricted Use Pesticides › Exemptions › Section 2-1-3-08-02-210

Current through June 25, 2024
Persons exempt from the requirements of the act and
						  these regulations are (a) licensed pesticide applicators who sell pesticide
						  only as an integral part of their pesticide application service where such
						  pesticides are applied by said applicator; (b) any federal, state, county, or
						  municipal agency which provides pesticides only for its own
						  programs.
Miss. Code Ann.
						  §
													69-23-9.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Definitions › Section 2-1-3-09-01-100

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
						  69-23-101
						  through
						  69-23-133.
1. "Advisory Board" shall mean the Advisory
						Board as defined in Section
						69-25-3.
2. "Agricultural Commodity" shall mean any
						plant, or part thereof, animal or animal product, produced by a person
						(including farmers, ranchers, vineyardists, plant propagators, Christmas tree
						growers, aquaculturists, floriculturists, orchardists, foresters, or other
						comparable persons) primarily for sale, consumption, propagation, or other use
						by man or animal.
3. "Applicant"
						shall mean an individual who submits an application for certification as a
						private applicator.
4. "Bureau"
						shall mean the Bureau of Plant Industry, Mississippi Department of Agriculture
						and Commerce, created under the provisions of
Miss. Code Ann.
Section
						69-25-3.
5. "Certificate" shall mean a license or
						permit.
6. "Certification" shall
						mean the recognition by the Bureau that a person is competent and thus
						authorized to use or supervise the use of "restricted use"
						pesticides.
7. "Certified Private
						Applicator" shall mean any individual who has been found competent to purchase
						and use "restricted use" pesticides covered by his certification.
8. "Commissioner" shall mean the Commissioner
						of Agriculture and Commerce of the State of Mississippi.
9. "EPA" shall mean the United States
						Environmental Protection Agency.
10. "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.
11. "FIFRA" shall mean the Federal
						Insecticide, Fungicide, and Rodenticide Act, as amended.
12. "Person" shall mean any individual,
						partnership, association, corporation or organized group of persons, whether
						incorporated or not.
13. "Pest"
						shall mean:
a. Any insects, rodents,
						nematodes, fungi and/or weeds;
b.
						Other forms of terrestrial or aquatic plant or animal life or viruses, or
						viroids, bacteria, or other microorganism (except viruses, bacteria or other
						microorganism on or in living man or other living animals) which the
						Commissioner declares to be a pest.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Persons Required To Be Certified › Section 2-1-3-09-01-101

Current through June 25, 2024
Any person who uses or supervises the use of any
						  "restricted use" pesticide for the purpose of producing an agricultural
						  commodity on property owned or rented by him or his employer or (if applied
						  without compensation other than trading of personal services between producers
						  of agricultural commodities) on the property of another person shall be
						  certified as a private applicator.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Certification Application; Qualifications › Section 2-1-3-09-01-102.01

Current through June 25, 2024
Application for certification shall be submitted on a
						  regular form furnished by 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 09 - Pesticide Application Law › Subchapter 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Certification Application; Qualifications › Section 2-1-3-09-01-102.02

Current through June 25, 2024
Persons who wish to be certified as private pesticide
						  applicators must be 18 years old prior to participating in a certification
						  option. In hardship cases individuals below the age of 18 may be certified by
						  the Board on an individual basis when they demonstrate to the Board by written,
						  or written and oral examination their qualifications as a private pesticide
						  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 09 - Pesticide Application Law › Subchapter 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Certification Application; Qualifications › Section 2-1-3-09-01-102.03

Current through June 25, 2024
Persons who wish to be certified as private pesticide
						  applicators must verify that they are actively engaged in farming in the State
						  of Mississippi and will use the pesticides purchased under this certification
						  in the production of agricultural commodities.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Certification Methods › Section 2-1-3-09-01-103.01

Current through June 25, 2024
Training with examination. Competence in the use and
						  handling of pesticides shall be determined by written examination. This
						  examination will be based upon standards as set forth in the U.S. Environmental
						  Protection Agency's Code of Federal Regulations.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Certification Methods › Section 2-1-3-09-01-103.02

Current through June 25, 2024
Examination without training. An Applicant may request
						  and be allowed to take an examination provided by the Bureau for certification.
						  If he satisfactorily passes the examination, he will be
						  certified.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Records › Section 2-1-3-09-01-104

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:
1. The brand or product name;
2. The EPA registration number;
3. Total amount applied;
4. The size of the area treated;
5. The crop, commodity, stored product or
						site;
6. The date of the
						application; and
7. The location of
						application.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Issuance of Certificate › Section 2-1-3-09-01-105

Current through June 25, 2024
If all qualifications and other requirements of the
						  applicant are satisfactory, the Bureau shall issue a certificate. A certificate
						  must be presented to the dealer when purchasing a "restricted use"
						  pesticide.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Invalidation of a Certificate › Section 2-1-3-09-01-106

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 provisions of
						  any certificate or permit issued under the act if he finds that the applicant
						  or licensee had committed any of the following:
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 person;
3. Refused, or after notice neglected to
						comply with the provisions of the act, these regulations, or any lawful order
						of the Commissioner;
4. Used fraud
						or misrepresentation in making application for a certificate or renewal of a
						certificate;
5. Aided or abetted
						any person in evading the provisions of the act, allowed one's certificate to
						be used by an uncertified person;
6. Impersonated any state or federal
						official;
7. Convicted of a
						violation under FIFRA; or
8.
						Convicted for using any restricted use pesticide in a manner which is
						determined to be inconsistent with its label or labeling.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Renewal of Certification › Section 2-1-3-09-01-107

Current through June 25, 2024
All certificates shall be renewed every five (5)
						  years. The certified applicator must complete one of the certification methods
						  in Section 103 of this chapter within the past twelve (12) months in order for
						  it to be renewed.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Enforcement › Section 2-1-3-09-01-108

Current through June 25, 2024
For the purpose of carrying out the provisions of this
						  article the Commissioner or his employees may enter upon any public or private
						  premises at reasonable times in order to have access for the purpose of
						  inspection, sampling, and observation subject to this
						  article.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Penalties › Section 2-1-3-09-01-109

Current through June 25, 2024
Any person violating the provisions of the act or
						  these regulations shall be guilty of a misdemeanor, and upon conviction shall
						  be punishable by a fine or imprisonment as provided for in the Mississippi
						  Pesticide Law and/or the Mississippi Pesticide Application
						  Law.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Reciprocity › Section 2-1-3-09-01-110

Current through June 25, 2024
The examination for certification may be waived if one
						  of the following conditions are met:
The applicant is already certified in a state with
						  standards equal to those of Mississippi. 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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Exemptions › Section 2-1-3-09-01-111.01

Current through June 25, 2024
Any person duly licensed and certified under
Miss. Code Ann.
Sections
						  69-19-1
						  through
						  69-19-11,
						  Sections 69-21-1 through 69-21-27, and Sections
						  69-21-101
						  through
						  69-21-125
						  is exempt from the certification provisions of these
						  regulations.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Exemptions › Section 2-1-3-09-01-111.02

Current through June 25, 2024
Persons exempt from certification requirements by
						  federal regulations promulgated under FIFRA are exempted from certification
						  under these regulations.
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 01 - Regulations Governing the Certification of Private Applicators To Use "Restricted Use" Pesticides › Use and Application of Certain Auxin-based Herbicides › Section 2-1-3-09-01-112

Current through June 25, 2024
No application of any 2,4D or dicamba product labeled
						  and intended for in-crop use on 2,4-D- or dicamba-tolerant cotton or soybeans
						  and classified as a state restricted use pesticide under Chapter 8, Section
						  109.3 of these regulations shall be made in wind speeds in excess of 10 miles
						  per hour.
Miss. Code Ann.
						  §§
													69-23-9
						  and
						  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 › Definitions › Section 2-1-3-09-02-200

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
						  69-23-101
						  through
						  69-23-133
1. "Act" shall mean
Miss. Code
						Ann.
Sections
						69-23-101
						through
						69-23-133.
2. "Bureau" shall mean the Bureau of Plant
						Industry of the Mississippi Department of Agriculture and Commerce created
						under the provisions of
Miss. Code Ann.
Section
						69-25-3.
3. "Certificate" shall mean a document issued
						by the Bureau indicating that a person is competent to use or supervise the use
						of a restricted-use pesticide under the categories listed on said
						document.
4. "Certification" shall
						mean the recognition by a certifying agency that a person is competent and thus
						authorized to use or supervise the use of a restricted-use pesticide.
5. "Certified Applicator" shall mean any
						person who is certified to use or supervise the use of a restricted-use
						pesticide covered by certification.
6. "Commissioner" shall mean the Commissioner
						of the Mississippi Department of Agriculture and Commerce.
7. "Competent" shall mean properly qualified
						to perform functions associated with pesticide application, with the degree of
						capability required being directly related to the nature of the activity and
						the associated responsibility.
8.
						"Person" shall mean any individual, partnership, corporation, association,
						company or organized group of individuals whether incorporated or
						not.
9. "Public Applicator' shall
						mean any person who applies a restricted-use pesticide as an employee of a
						state agency, municipal corporation, public utility or other governmental
						agency. This term does not include employees who work under direct "on-the-job"
						supervision of a public applicator.
10. "Restricted-Use Pesticide" shall mean any
						pesticide classified for restricted use by the U.S. Environmental Protection
						Agency or by the Commissioner.
11.
						"Under the Direct Supervision of" shall mean the act or process whereby
						application of a pesticide is made by a competent person acting under the
						instruction and control of a certified applicator who is responsible for the
						actions of that person and who is available if and when needed, even though
						such certified applicator is not physically present at the time and place the
						pesticide is applied.
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 › Persons Required To Be Certified › Section 2-1-3-09-02-201

Current through June 25, 2024
All persons engaging in the supervision, application
						  or use of any pesticide that is restricted by the U.S. Environmental Protection
						  Agency or the Bureau are required to be certified unless exempt in Section 211
						  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 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 Application › Section 2-1-3-09-02-202

Current through June 25, 2024
Application for certification shall be submitted on a
						  regular form furnished by the Bureau. All applicants must be at least eighteen
						  (18) years of age.
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 and Categories › Section 2-1-3-09-02-203.01

Current through June 25, 2024
Competence in the use and handling of pesticides shall
						  be determined by written examinations. These examinations will be based upon
						  standards as set forth in the U.S. Environmental Protection Agency's Code of
						  Federal Regulations.
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 and Categories › Section 2-1-3-09-02-203.02

Current through June 25, 2024
Examination dates and locations shall be specified by
						  the Bureau of Plant Industry, Mississippi State, 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 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 and Categories › Section 2-1-3-09-02-203.03

Current through June 25, 2024
Categories in which examinations are to be given for
						  certification:
1. Agricultural Plant
						and Animal Pest Control
2. Forest
						Pest Control
3. Ornamental and Turf
						Pest Control
4. Seed
						Treatment
5. Aquatic Pest
						Control
6. Right-of-Way Pest
						Control
7. Industrial,
						Institutional, Structural and Health-Related Pest Control
8. Public Health Pest Control
9. Regulatory Pest Control
10. Demonstration and Research Pest
						Control
11. Aerial
						Application
12. Wood Preservation
						and Products Treatment
13.
						Antifoulant Paint
14.
						Metam-Sodium
Miss. Code Ann.
						  §
													69-23-109.