2006 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 $150.
(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.
History: 1987 c 358 s 73; 1989 c 326 art 5 s 35-37; 1993 c 367 s 8; 1995 c 95 s 2; 1Sp2005
c 1 art 1 s 18