1999 Minnesota Statutes

     18B.31 Pesticide dealer license. 

    Subdivision 1.    Requirement.  (a) Except as provided 
 in paragraph (b), no fixed location may offer for sale or sell a 
 restricted use or bulk pesticide to a pesticide end user without 
 a pesticide dealer license. 

    (b) A pesticide dealer license is not required for:  

    (1) a licensed commercial applicator, noncommercial 
 applicator, or structural pest control applicator who uses 
 restricted use pesticides only as an integral part of a 
 pesticide application service; 

    (2) a federal, state, county, or municipal agency using 
 restricted use pesticides for its own programs; 

    (3) a licensed pharmacist, physician, dentist, or 
 veterinarian when administering or dispensing a restricted use 
 pesticide for use in the pharmacist's, physician's, dentist's, 
 or veterinarian's practice; or 

    (4) a person at a fixed location that is not used to offer 
 for sale or sell restricted use or bulk pesticides including, 
 but not limited to, warehouses or other storage sites. 

    (c) A licensed pesticide dealer may sell restricted use 
 pesticides only to an applicator licensed or certified by the 
 commissioner, unless a sale is allowed by rule. 

    (d) A pesticide dealer license is required for an 
 individual not located in Minnesota who offers for sale or sells 
 a restricted use or bulk pesticide to a pesticide end user 
 located in Minnesota.  

    (e) Only one pesticide dealer license is required per fixed 
 location from which a restricted use or bulk pesticide is 
 offered for sale or sold to a pesticide end user.  

    Subd. 2.    Responsibility.  A pesticide dealer is 
 responsible for the acts of a person who assists the dealer in 
 the solicitation and sale of restricted use pesticides.  

    Subd. 3.    License.  A pesticide dealer license:  

    (1) expires on December 31 of each year unless it is 
 suspended or revoked before that date; 

    (2) is not transferable to another location; and 

    (3) must be prominently displayed to the public in the 
 pesticide dealer's place of business.  

    Subd. 4.    Application.  (a) A person must apply to the 
 commissioner for a pesticide dealer license on the forms and in 
 the manner required by the commissioner.  

    (b) The commissioner may require an additional 
 demonstration of dealer qualification if the dealer has had a 
 license suspended or revoked, or has otherwise had a history of 
 violations of this chapter.  

    Subd. 5.    Application fee.  (a) An application for a 
 pesticide dealer license must be accompanied by a nonrefundable 
 application fee of $50. 

    (b) If an application for renewal of a pesticide dealer 
 license is not filed before January 1 of the year for which the 
 license is to be issued, an additional fee of $20 must be paid 
 by the applicant before the license is issued. 

    HIST: 1987 c 358 s 73; 1989 c 326 art 5 s 35-37; 1993 c 367 s 
 8; 1995 c 95 s 2