2005 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.  

    HIST: 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