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20-20-208. Licenses — Requirements generally — Exception.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-20-208. Licenses — Requirements generally — Exception.
(a) No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to §§ 20-20-209 — 20-20-211, § 20-20-217, or other restrictions as determined by the State Plant Board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other person, for that specific pesticide use.
(b) No person working under the direct supervision of a certified applicator in accordance with § 20-20-203(26) shall be considered in violation of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-20-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-20-208
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 665d974b0a6cab9aeae24a453da943dfeb2b6ea5f44f4fe1b01c438a35a84dc1
Source location: content.xml paragraph 18835
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20-20-208. Licenses — Requirements generally — Exception.
(a) No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to §§ 20-20-209 — 20-20-211, § 20-20-217, or other restrictions as determined by the State Plant Board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other person, for that specific pesticide use.
(b) No person working under the direct supervision of a certified applicator in accordance with § 20-20-203(26) shall be considered in violation of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-20-203. Definitions.
As used in this subchapter:
(1) “Animal” means all vertebrate and invertebrate species including, but not limited to, humans and other mammals, birds, fish, and shellfish;
(2) “Beneficial insects” means those insects that during their lifecycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial;
(3) “Certified applicator” means any individual who is certified under this subchapter to use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators;
(4) “Commercial applicator” means:
(A) A certified applicator whether or not he or she is a private applicator with respect to some uses who is engaged in the business and uses or supervises the use of any pesticide classified for restricted use or any other pesticide for any purpose on any lands or property other than as provided by this subdivision (4); or
(B) Any person engaged in the business of aerial application of seeds or fertilizers on the lands of another;
(5) “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission;
(6) “Desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;
(7) “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state;
(8) “Environment” includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these;
(9) “EPA” means the United States Environmental Protection Agency;
(10)(A) “Equipment” means any type of ground, water, or
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-20-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-20-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-20-209. Licenses — Commercial applicators — Application.
(a) No commercial applicator shall engage in the business of applying restricted-use pesticide or other pesticides or the aerial application of seed or fertilizers to the lands of another at any time without a commercial applicator's license issued by the State Plant Board. Application for a license shall be made in writing to the board on a designated form obtained from the board. Each application for a license shall contain information regarding the applicant's qualifications, the proposed operations, and the license classification for which the applicant is applying, and the application shall include the following:
(1) The full name of the person applying for the license;
(2) If different from that in subdivision (a)(1) of this section, the full name of the individual qualifying under subsection (b) of this section;
(3) If the applicant is a person other than an individual, the full name of the firm, partnership, association, corporation, or group;
(4) The principal business address of the applicant in this state or elsewhere;
(5)(A) The name and address of a person, who may be the Secretary of State, whose domicile is in this state and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant.
(B) Any nonresident applying for a license under this subchapter shall file a written and certified power of attorney designating an Arkansas resident or the Secretary of State as the agent of the nonresident upon whom service of process may be had in the event of any suit against the nonresident person. The power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of the State of Arkansas over the nonre
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-20-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-20-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-20-211. Licenses — Private applicators.
(a)In General.
(1) No private applicator shall use or supervise the use of any restricted-use pesticide without a private applicator's license issued by the State Plant Board, with the license being conditioned on the applicator's complying with the certification requirements determined by the board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons for the pesticide use.
(2) Application for a license shall be made in writing on a designated form obtained from the board and shall contain the name and address of the applicant, the kind of agricultural commodity to be produced, information regarding the applicant's qualifications and proposed operations, and any other necessary information prescribed by the board.
(b) Certification Standards. Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or types of pesticides the private applicator is to be certified to use shall be relative to hazards involved. In determining these standards, the board shall take into consideration the standards of the United States Environmental Protection Agency and is authorized to adopt these standards by rule.
(c)License Issuance.
(1) If the board finds the applicant competent and if the applicant has paid a minimum application fee of ten dollars ($10.00) for a one-year license or forty-five dollars ($45.00) for a five-year license, the board shall issue a private applicator's license limited to the operation described in the application.
(2) The board shall issue licenses for periods of one (1) year or five (5) years at the option of the applicator. Each license shall expire one (1) year or five (5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-20-211
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-20-211. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-20-217. Inspection and licensing of equipment.
(a) The State Plant Board may inspect any equipment used or intended to be used for application of pesticides and may require repairs or other changes before its further use for pesticide application.
(b) Requirements for equipment may be adopted by rule.
(c) Equipment specified by rule shall be identified by a decal or similar marking furnished by the board. The decal or marking shall be affixed in a location and manner upon the equipment as prescribed by the board.
(d) Fees for the decal or similar marking shall be prescribed by the board in its rules.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-20-217
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-20-217. This identifies an authority to review, not proof of applicability.