2006 Minnesota Statutes

18B.34 NONCOMMERCIAL APPLICATOR LICENSE.
    Subdivision 1. Requirement. (a) Except for a licensed commercial applicator, certified
private applicator, a licensed aquatic pest control applicator, or licensed structural pest control
applicator, a person, including a government employee, may not use a restricted use pesticide
in performance of official duties without having a noncommercial applicator license for an
appropriate use category.
(b) A licensed noncommercial applicator may not apply pesticides into or on surface waters
without an aquatic pest control license, except an aquatic pest control license is not required for
licensed noncommercial applicators applying pesticides for the purposes of:
(1) mosquito and black fly control operations;
(2) pest control on rights-of-way;
(3) pest control operations for purple loosestrife control;
(4) application of piscicides; and
(5) pest control for silvicultural operations.
(c) A licensee must have a valid license identification card when applying pesticides and must
display it upon demand by an authorized representative of the commissioner or a law enforcement
officer. The license identification card must contain information required by the commissioner.
    Subd. 2. License. A noncommercial applicator license:
(1) expires on December 31 of the year for which it is issued unless suspended or revoked
before that date;
(2) is not transferable; and
(3) must be prominently displayed to the public in the noncommercial applicator's place of
business.
    Subd. 3. Application. A person must apply to the commissioner for a noncommercial
applicator license on forms and in the manner required by the commissioner. The commissioner
must prescribe and administer a closed-book, monitored examination, or equivalent measure to
determine if the applicant is eligible to acquire a noncommercial applicator license.
    Subd. 4. Renewal. (a) A person must apply to the commissioner to renew a noncommercial
applicator license. The commissioner may renew a license subject to reexamination, attendance at
workshops approved by the commissioner, or other requirements imposed by the commissioner
to provide the applicator with information regarding changing technology and to help assure
a continuing level of competence and ability to use pesticides safely and properly. The
commissioner may require an additional demonstration of applicator qualification if the applicator
has had a license suspended or revoked or has otherwise had a history of violations of this chapter.
(b) An applicant that meets renewal requirements by reexamination instead of attending
workshops must pay the equivalent workshop fee for the reexamination as determined by the
commissioner.
(c) An applicant has 12 months to renew the license after expiration without having to meet
initial testing requirements.
    Subd. 5. Fees. (a) A person initially applying for or renewing a noncommercial applicator
license must pay a nonrefundable application fee of $50, except an applicant who is a government
or Minnesota Conservation Corps employee who uses pesticides in the course of performing
official duties must pay a nonrefundable application fee of $10.
(b) A license renewal application received after March 1 in the year for which the license is
to be issued is subject to a penalty fee of 50 percent of the application fee. The penalty fee must
be paid before the renewal license may be issued.
(c) An application for a duplicate noncommercial applicator license must be accompanied by
a nonrefundable application fee of $10.
History: 1987 c 358 s 76; 1989 c 326 art 5 s 42-44; 1993 c 283 s 4,5; 1996 c 330 s 7;
1Sp2005 c 1 art 1 s 22