Rhode Island General Laws 23-25-12. Licenses for commercial applicators – Rules and regulations
(a) No commercial applicator shall apply any pesticide classified for general use by EPA or the director unless that application is by or under the direct supervision of a person certified under § 23-25-13 or licensed under this section; provided, that the application may be made without compliance with § 23-25-13 or this section on land owned or rented by the applicator or his or her employer.
Terms Used In Rhode Island General Laws 23-25-12
- Commercial applicator: means any person (whether or not that person is a private applicator with respect to some uses), including employees of any federal, state, county or municipal agency, department, office, division, section, bureau, board, or commission, who applies or supervises the application of any pesticide for any purpose or on any property other than as provided by the definition of "private applicator". See Rhode Island General Laws 23-25-4
- Director: means the director of environmental management. See Rhode Island General Laws 23-25-4
- EPA: means the United States Environmental Protection Agency. See Rhode Island General Laws 23-25-4
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Land: means all land and water areas, including airspace, all plants, animals, structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or mobile, including any used for transportation. See Rhode Island General Laws 23-25-4
- Person: means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not. See Rhode Island General Laws 23-25-4
- Pesticide: means :
(i) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and
(ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Rhode Island General Laws 23-25-4
- Under the direct supervision: means that on-site supervision of any pesticide application by an appropriately certified or licensed applicator who is responsible for the application and is capable of dealing with emergency situations which might occur. See Rhode Island General Laws 23-25-4
(b) The director is authorized to adopt rules and regulations, including but not limited to regulations:
(1) Establishing procedures for filing a license application, applicant qualifications, license classifications if necessary, standards, and the scope and types of examinations necessary to carry out the intent of this chapter;
(2) Establishing license fees not to exceed thirty dollars ($30.00);
(3) Establishing the term during which a license remains valid (unless suspended or revoked for cause), expiration dates, credentials, and requirements for renewal (which may include reexamination if deemed necessary);
(4) Enabling the transfer of existing licenses to classifications established under this section with or without re-examination;
(5) Establishing limits of liability covering the applicant’s spraying operations;
(6) Requiring the display of a decal, indicating that the applicant has met the requirements of this chapter, in a prominent place on any vehicle used in the applicant’s spraying operations;
(7) Prescribing exceptions for utility and other employees who are not normally involved in pesticide applications but who may find it necessary when performing their normal tasks to use a general use pesticide to protect themselves from attacks by wasps, hornets, or other biting or stinging insects.
(c) If the director does not qualify an applicant for a license or renewal or suspends or revokes a license for any violation under this chapter, the director shall inform the applicant in writing of the reasons for revocation and, if requested, provide opportunity for a hearing before the director.
History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-12; P.L. 1979, ch. 39, § 1; P.L. 1992, ch. 133, art. 22, § 3.