Missouri Statute | Act | Code |Agriculture And Animals| US Code - US Statute

Sections 281.210 to 281.310 and sections 281.005 to 281.115
shall preempt all ordinances, rules and regulations of political
subdivisions relating to the use of subjects covered by said sections.
(L. 1992 H.B. 1764)

Sections 281.010 to 281.115 shall be known as the "Missouri
Pesticide Use Act". (L. 1974 S.B. 431 § 1, A.L. 1977 H.B. 665)

Sections 281.005 to 281.115 shall be administered by the
director of the department of agriculture of the state of Missouri,
hereafter referred to as the "director". (L. 1974 S.B. 431 § 2, A.L. 1992
H.B. 1764)

As used in sections 281.010 to 281.115, the following terms mean:

(1) "Animal", all vertebrate and invertebrate species, including but not
limited to man and other mammals, birds, fish, and shellfish;

(2) "Applicator, operator or technician":

(a) "Certified commercial applicator", any individual, whether or not he
is a private applicator with respect to some uses, who is certified by
the director as authorized to use, supervise the use of, or determine the
need for the use of, any pesticide, whether classified for restricted use
or for general use, while he is engaged in the business of using
pesticides on the lands of another as a direct service to the public in
exchange for a fee or compensation;

(b) "Certified noncommercial applicator", any individual, whether or not
he is a private applicator with respect to some uses, who is certified by
the director as authorized to use, or to supervise the use of, any
pesticide which is classified for restricted use only on lands owned or
rented by him or his employer;

(c) "Certified private applicator", any individual who is certified by
the director as authorized to use, or to supervise the use of, any
pesticide which is classified for restricted use for purposes of
producing any agricultural commodity on property owned or rented by him
or his employer or on the property of another person, if used without
compensation other than trading of personal services between producers of
agricultural commodities, on the property of another person;

(d) "Certified public operator", any individual who is certified by the
director as authorized to use, or to supervise the use of, any pesticide
classified for restricted use in the performance of his duties as an
official or employee of any agency of the state of Missouri or any
political subdivision thereof, or any other governmental agency;

(e) "Private applicator", any person not holding a certified private
applicator's license who shall be required to obtain a permit for the use
of any restricted use pesticide for the purposes of producing any
agricultural commodity on property owned or rented by him or his employer
or on the property of another person, if used without compensation other
than trading of personal services between producers of agricultural
commodities, such permit shall authorize the one-time emergency purchase
of a restricted use pesticide for the purpose of a one-time emergency use
of that pesticide;

(f) "Pesticide technician", any individual working under the direct
supervision of a commercial applicator certified in categories as
specified by regulation, and who having met the competency requirements
of this chapter, is authorized by the director to determine the need for
the use of any pesticide as well as to the use of any pesticide;

(g) "Pesticide technician trainee", any individual working in the
physical presence and under the direct supervision of a certified
commercial applicator to gain the required on-the-job training in
preparation for obtaining a pesticide technician's license;

(3) "Beneficial insects", those insects which, during their life cycle,
are effective pollinators of plants, are parasites or predators of pests,
or are otherwise beneficial;

(4) "Defoliant", any substance or mixture of substances intended for
causing the leaves or foliage to drop from a plant, with or without
causing abscission;

(5) "Desiccant", any substance or mixture of substances intended for
artificially accelerating the drying of plant tissue;

(6) "Determining the need for the use of any pesticide", the act of
inspecting land for the presence of pests for the purpose of contracting
for their control or prevention through the use of pesticides in
categories as specified by regulation;

(7) "Device", any instrument or contrivance, other than a firearm, which
is intended for trapping, destroying, repelling, or mitigating any pest
or any other form of plant or animal life, other than man and other than
bacteria, viruses, or other microorganisms on or in living man or other
living animals, but not including equipment used for the application of
pesticides when sold separately therefrom;

(8) "Environment" includes water, air, land, and all plants and man and
other animals living therein, and the interrelationships which exist
among these;

(9) "Equipment" means any type of ground, water or aerial equipment or
contrivance using motorized, mechanical or pressurized power and used to
apply any pesticide on land and anything that may be growing, habitating
or stored on or in such land, but shall not include any pressurized
hand-sized household apparatus used to apply any pesticide, or any
equipment or contrivance of which the person who is applying the
pesticide is the source of power or energy in making such pesticide
application;

(10) "Fungus", any nonchlorophyll-bearing thallophyte, that is, any
nonchlorophyll-bearing plant of a lower order than mosses and liverworts,
as, for example, rust, smut, mildew, mold, yeast, and bacteria, except
those on or in living man or other living animals, and except those on or
in processed food, beverages, or pharmaceuticals;

(11) "Individual", any responsible, natural human being;

(12) "Insect", any of the numerous small invertebrate animals generally
having the body more or less obviously segmented, for the most part
belonging to the class Insecta, comprising six-legged, usually winged
forms, as, for example, beetles, bugs, bees, flies, and to other allied
classes of arthropods whose members are wingless and usually have more
than six legs, as, for example, spiders, mites, ticks, centipedes, and
wood lice;

(13) "Land", all land and water areas, including airspace, and all
plants, animals, structures, buildings, contrivances and machinery,
appurtenant thereto or situated thereon, fixed or mobile, including any
used for transportation;

(14) "Misuse of a pesticide", a use of any registered pesticide in a
manner inconsistent with its labeling; provided, that the use of a lesser
concentration than provided on the label shall not be considered the
misuse of a pesticide when used strictly for agricultural purposes, and
when requested in writing by the person on whose behalf a pesticide is
used;

(15) "Nematode", invertebrate animals of the phylum Nemathelminthes and
class Nematoda, that is, unsegmented round worms with elongated,
fusiform, or sac-like bodies covered with cuticle, and inhabiting soil,
water, plants, or plant parts; may also be called nemas or eelworms;

(16) "Person", any individual, partnership, association, fiduciary,
corporation, or any organized group of persons whether incorporated or
not;

(17) "Pest":

(a) Any insect, snail, slug, rodent, nematode, fungus, weed; or

(b) Any other form of terrestrial or aquatic plant or animal life or
virus, bacterium, or other microorganism, except viruses, bacteria, or
other microorganisms on or in living man or other living animals, which
is normally considered to be a pest;

(18) "Pesticide":

(a) Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest; or

(b) Any substance or mixture of substances intended for use as a plant
regulator, defoliant, or desiccant;

(19) "Pesticide dealer", any individual who is engaged in the business of
distributing, selling, offering for sale, or holding for sale at retail,
or direct wholesale to the end user, any pesticide classified for
restricted use;

(20) "Plant regulator", any substance or mixture of substances, intended,
through physiological action, for accelerating or retarding the rate of
growth or rate of maturation, or for otherwise altering the behavior of
plants or the produce thereof, but shall not include substances to the
extent that they are intended as plant nutrients, trace elements,
nutritional chemicals, plant inoculants, or soil amendments. The term
"plant regulator" does not include any of those nutrient mixtures or soil
amendments which are commonly known as vitamin-hormone horticultural
products, intended for improvement, maintenance, survival, health and
propagation of plants, and which are not for pest destruction and are
nontoxic, nonpoisonous in the undiluted package concentration;

(21) "Private applicator permit", a written certificate, issued by the
director or his authorized agent, authorizing the purchase, possession or
use of certain restricted use pesticides by a private applicator. Such
permit shall authorize the one-time emergency purchase of a restricted
use pesticide for the purpose of a one-time emergency use of such
pesticide;

(22) "Restricted use pesticide", any pesticide when applied in accordance
with its directions for use, warnings and cautions and for the uses for
which it is registered, or for one or more of such uses, or in accordance
with a widespread and commonly recognized practice, the director
determines may cause, without additional regulatory restrictions,
unreasonable adverse effects on the environment, including injury to the
applicator;

(23) "Sale", selling or offering for sale any pesticide;

(24) "Snails" or "slugs" includes all harmful mollusks;

(25) "Unreasonable adverse effects on the environment", any unreasonable
risk to man or the environment, taking into account the economic, social,
and environmental costs and benefits of the use of any pesticide;

(26) "Under the direct supervision of a certified applicator", when a
pesticide is used by a competent person acting under the instructions and
control of a certified applicator who is available if and when needed,
even though such certified applicator is not physically present at the
time and place the pesticide is used;

(27) "Use", mixing, applying, storing or disposing of a pesticide;

(28) "Weed", any plant which grows where not wanted; and

(29) "Wildlife", all living things that are neither human, domesticated,
or pests, including, but not limited to, mammals, protected birds, and
aquatic life. (L. 1974 S.B. 431 § 3, A.L. 1977 H.B. 665, A.L. 1985 H.B.
370, A.L. 1988 H.B. 1384)

Effective 1-1-90

The director may enter into cooperative agreements with
political subdivisions of this state regarding pesticide programs under
sections 281.005 to 281.115 for the purpose of securing uniformity
throughout the state. Nothing in sections 281.005 to 281.115 shall be
construed to require the director to enter into any such agreement. (L.
1992 H.B. 1764)

1. The director shall administer and enforce the provisions of
sections 281.010 to 281.115 and shall have authority to issue regulations
after a public hearing following due notice of not less than thirty days
to all interested persons, in conformance with the provisions of chapter
536, RSMo, to carry out the provisions of sections 281.010 to 281.115.
Where the director finds that such regulations are needed to carry out
the purpose and intent of sections 281.010 to 281.115, such regulations
may relate to, but need not be limited to, prescribing the time, place,
manner, methods, materials, and amounts and concentrations, in connection
with the use of the pesticide, and may restrict or prohibit use of
pesticides in designated areas during specified periods of time and shall
encompass all reasonable factors which the director deems necessary to
prevent damage or injury. In issuing such regulations, the director may
give consideration to pertinent research findings and recommendations of
other agencies of this state, the federal government, or other reliable
sources. The director may by regulation require that notice of a proposed
application of a pesticide be given to landowners adjoining the property
to be treated or in the immediate vicinity thereof, if he finds that such
notice is necessary to carry out the purpose of sections 281.010 to
281.115. The director may, by regulation, provide for the one-time
emergency purchase and one-time emergency use of a restricted use
pesticide by a private applicator.

2. The pesticides on the list of restricted use pesticides, as determined
by the federal agency having jurisdiction over the classification of
pesticides, shall be so restricted in the state of Missouri. The director
shall publish, at least annually, a list of pesticides which have
restricted uses. Such publication shall be made available to the public
upon request. If the director determines that a pesticide, when used in
accordance with its directions for use, warnings and cautions, and for
uses for which it is registered, may cause, without additional regulatory
restrictions, unreasonable adverse effects on the environment, including
injury to the applicator or other persons, the pesticide shall be used
only by or under the direct supervision of a certified applicator, or a
private applicator with a permit. Such pesticides may be subject to other
restrictions as determined by the director, to include the time and
conditions of possession and use.

3. No regulation, or any amendment or repeal thereof, provided for in
sections 281.010 to 281.115 shall be adopted, except after public hearing
giving an opportunity to the public to be heard, to be held after no less
than thirty days' prior notice of the date, time, and place of hearing,
to be given by regular mail to any person who has registered with the
director for purposes of notice of such public hearings, in accordance
with procedures prescribed by the director.

4. At any hearing, opportunity to be heard shall be afforded to any
interested person upon written request received not later than
twenty-four hours prior to the hearing, and may also be afforded to other
persons. In addition, any interested person, whether or not heard, may
submit within seven days subsequent to the hearing a written statement of
views. The director may solicit the views in writing of persons who may
be affected by, or interested in any proposed regulation. Any person
heard or represented at the hearing, or making written request for
notice, shall be given written notice of the action of the director with
respect to the subject thereof.

5. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1974 S.B. 431 § 4, A.L. 1977
H.B. 665, A.L. 1988 H.B. 1384, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. The director may, by regulation, classify certified
applicator, operator or technician licenses to be issued under sections
281.010 to 281.115. Such classifications may include but not be limited
to commercial applicators, noncommercial applicators, private
applicators, public operators or pesticide technicians. Separate
classifications may be specified as to ground, aerial, or manual methods
used by any licensee to apply pesticides or to the use of pesticides for
the control of pests.

2. The director may, by regulation, establish certification categories to
be provided under each license classification. Each certification
category shall be subject to separate testing procedures and
requirements; provided, that no individual shall be required to pay an
additional fee if he is certified in one or all of the certification
categories provided under the license for which he has applied. The
director may, by regulation, establish certification categories limited
to the use of certain pesticides and issue a license therefor. Each
certification category shall be subject to separate testing procedures
covering only those pesticides for which the applicant seeks to be
licensed.

3. The director may by regulation establish fees for identification
documents. (L. 1974 S.B. 431 § 5, A.L. 1977 H.B. 665, A.L. 1981 S.B. 200,
A.L. 1988 H.B. 1384, A.L. 1995 S.B. 3)

1. No individual shall engage in the business of determining the
need for the use of, supervising the use of, or using any pesticide, in
categories as specified by regulation, on the lands of another at any
time without a certified commercial applicator's license issued by the
director. A certified commercial applicator shall not determine the need
for the use of, supervise the use of or use any pesticide for any
particular purpose unless he has demonstrated his competence to use
pesticides for that purpose by being certified by the director in the
proper certification category. The director shall require an annual fee
of fifty dollars for each certified commercial applicator's license
issued. No certified commercial applicator shall knowingly authorize,
direct, or instruct any individual to engage in determining the need for
the use of or using any pesticide on the land of another at any time
unless such individual is a pesticide technician or pesticide technician
trainee in such categories as specified by regulation or is working under
the direct supervision of a certified commercial applicator so
authorizing, directing or instructing, in which case the certified
commercial applicator shall be liable for any use of a pesticide by an
individual operating under his direct supervision. The certified
commercial applicator or the employer shall assure that the director is
informed in writing within ten working days of the employment of any
person as a pesticide technician or pesticide technician trainee.

2. Application for a certified commercial applicator's license shall be
made in writing to the director on a designated form obtained from the
director's office. Each application shall include such information as
prescribed by the director by regulation.

3. The director shall not issue a certified commercial applicator's
license until the applicant is certified by passing an examination
provided by the director to demonstrate to the director his competence
and knowledge of the proper use of pesticides under the classifications
he had applied for, and his knowledge of the standards prescribed by
regulations for the certification of commercial applicators.

4. The director may renew any certified commercial applicator's license
under the classification for which such applicant is licensed, subject to
reexamination for additional knowledge that may be required to use
pesticides safely and properly either manually or with equipment the
applicant has been licensed to operate.

5. If the director finds the applicant qualified to use pesticides in the
classification for which application has been made, and if the applicant
files evidence that the requirement for bonds or insurance has been met
as required under section 281.065, the director shall issue a certified
commercial applicator's license limited to the classifications for which
he is qualified, which shall expire one year from date of issuance unless
it has been revoked or suspended prior thereto by the director for cause;
provided, such financial responsibility required under section 281.065
does not expire at an earlier date, in which case said license shall
expire upon the expiration date of the financial responsibility. The
director may limit the license of the applicant to the use of certain
restricted use pesticides, or to certain areas, or to certain types of
equipment if the applicant is only so qualified. If a license is not
issued as applied for, the director shall inform the applicant in writing
of the reasons therefor.

6. The director shall require each certified commercial applicator or his
employer to maintain records with respect to applications of any
pesticide. Such relevant information as the director may deem necessary
may be specified by regulation. Such records shall be kept for a period
of three years from the date of the application of the pesticide to which
such records refer, and the director shall, upon request in writing, be
furnished with a copy of such records by any certified commercial
applicator or his employer.

7. A person or individual engaged in the business of using pesticides on
the lands of another, who is deprived of his sole certified commercial
applicator by reason of death, illness, incapacity or any absence which
the director determines is unavoidable, is authorized to continue
business operations without the services of a certified commercial
applicator for a period of time deemed appropriate by the director, but
not to exceed sixty days; except that, no restricted use pesticide shall
be used, or caused to be used, by such person or individual. Any such
person or individual shall immediately notify the director as to the
absence of his sole certified commercial applicator.

8. Every certified commercial applicator shall display his license in a
prominent place at the site, location or office from which he will
operate as a certified commercial applicator; that place, location or
office being at the address printed on the license.

9. Every certified commercial applicator who changes the address from
which he will operate as a certified commercial applicator shall
immediately notify the director. The director shall immediately issue a
revised license upon which shall be printed the changed address. The
director shall not collect a fee for the issuance of a revised license.
The expiration date of the revised license shall be the same as the
expiration date for the original license. (L. 1974 S.B. 431 § 6, A.L.
1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90

1. Any individual who is not certified pursuant to section
281.035, 281.040 or 281.045, or has not been issued a private applicator
permit pursuant to subsection 5 of section 281.040 shall not use, or
supervise the use of, any restricted use pesticide without a certified
noncommercial applicator license. A certified noncommercial applicator
shall not use, or supervise the use of, any restricted use pesticide for
any purpose unless he has demonstrated his competence to use pesticides
for that purpose by being certified by the director in the proper
certification category.

2. Application for a certified noncommercial applicator license shall be
made in writing to the director on a designated form obtained from the
director's office. Each application shall include such information as
prescribed by the director by regulation.

3. The director shall not issue a certified noncommercial applicator
license until the applicant is certified by passing an examination
provided by the director to demonstrate to the director his competence
and knowledge of the proper use of pesticides under the classifications
for which he has applied, and his knowledge of the standards prescribed
by regulations for the certification of noncommercial applicators.

4. If the director finds the applicant qualified to use restricted use
pesticides in the classification for which he has applied, the director
shall issue a certified noncommercial applicator license limited to the
applicator categories in which he is certified. The license shall expire
one year from the date of issuance unless it has been revoked or
suspended prior thereto by the director for cause. The director may limit
the license of the applicant to the use of certain restricted use
pesticides, or to certain areas, or to certain types of equipment if the
applicant is only so qualified. If a license is not issued as applied
for, the director shall inform the applicant in writing of the reasons
therefor.

5. The director may renew any certified noncommercial applicator license
under the classification for which the license is issued subject to
reexamination for additional knowledge which may be required to apply
pesticides safely and properly.

6. The director shall collect a fee of twenty-five dollars for each
certified noncommercial applicator license issued.

7. Any certified noncommercial applicator may use, or supervise the use
of, restricted use pesticides only to or on lands or structures owned,
leased or rented by himself or his employer.

8. The director shall require the certified noncommercial applicator or
his employer to maintain records with respect to applications of
restricted use pesticides. Any relevant information which the director
may deem necessary may be required by regulation. Such records shall be
kept for a period of three years from the date of the application of the
pesticide to which such records refer, and the director shall, upon
request in writing, be furnished with a copy of such records by any
certified noncommercial applicator or his employer.

9. Every certified noncommercial applicator shall display his license in
a prominent place at the site, location or office from which he will
operate as a certified noncommercial applicator; that place, location or
office being at the address printed on the license.

10. Every certified noncommercial applicator who changes the address from
which he will operate as a certified noncommercial applicator shall
immediately notify the director. The director shall immediately issue a
revised license upon which shall be printed the changed address. The
director shall not collect a fee for the issuance of a revised license.
The expiration date of the revised license shall be the same as the
expiration date for the original license. (L. 1977 H.B. 665, A.L. 1988
H.B. 1384)

Effective 1-1-90

1. After July 1, 1990, no individual working under the direct
supervision of a certified commercial applicator shall determine the need
for the use of any pesticide nor use any pesticide in categories as
specified by regulation, unless and until the individual has met the
requirements of this chapter.

2. Application for a pesticide technician's license shall be made in
writing to the director on a designated form obtained from the director's
office. Each application shall include such information as prescribed by
the director by regulation and shall be received by the director within
forty-five days of employment of the pesticide technician or pesticide
technician trainee.

3. The director shall not issue a pesticide technician's license until
the individual has demonstrated his competence by completion of an
approved training program to the satisfaction of the director.

4. The director may renew any pesticide technician's license under the
classification for which that applicant is licensed subject to completion
of an additional approved training program to the satisfaction of the
director as prescribed by regulation.

5. The director shall collect a fee of twenty-five dollars for each
pesticide technician license issued.

6. If the director finds the applicant qualified to use pesticides in the
classification for which application has been made, the director shall
issue a pesticide technician's license limited to the classifications for
which he is qualified, which shall expire one year from date of issuance
unless it has been revoked or suspended prior thereto by the director for
cause. The director may limit the license of the applicant to the use of
certain pesticides, or to certain areas, or to certain types of equipment
if the applicant is only so qualified. If a license is not issued as
applied for, the director shall inform the applicant in writing of the
reasons for such denial of license. (L. 1988 H.B. 1384)

Effective 1-1-90

1. No private applicator shall use any restricted-use pesticide
unless he first complies with the requirements determined pursuant to
subsection 2 or 5 of this section, as necessary to prevent unreasonable
adverse effects on the environment, including injury to the applicator or
other persons, for that specific pesticide use.

2. The private applicator shall qualify for a certified private
applicator's license by either attending a course or completing an
on-line course of instruction provided by the director on the use,
handling, storage and application of restricted-use pesticides. The
content of the instruction shall be determined and revised as necessary
by the director. Upon completion of the course, the director shall issue
a certified private applicator's license to the applicant. The director
shall not collect a fee for the issuance of such license, but the
University of Missouri extension service may collect a fee for the actual
cost of the materials necessary to complete the course of instruction.
However, no fee shall be assessed or collected from an individual
completing an on-line course of instruction. Both the director of the
department and of the University of Missouri extension service shall
review such costs annually.

3. A certified private applicator's license shall expire five years from
date of issuance and may then be renewed without charge or additional
fee. Any certified private applicator holding a valid license may renew
that license for the next five years without additional training unless
the director determines that additional knowledge related to the use of
agricultural pesticides makes additional training necessary.

4. If the director does not qualify the private applicator under this
section he shall inform the applicant in writing of the reasons therefor.

5. The private applicator may apply to the director, or his designated
agent, for a private applicator permit for the one-time emergency
purchase and use of restricted use pesticides. When the private
applicator has demonstrated his competence in the use of the pesticides
to be purchased and used on a one-time emergency basis, he shall be
issued a permit for the one-time emergency purchase and use of restricted
use pesticides. The director or his designated agent shall not collect a
fee for the issuance of such permit. (L. 1974 S.B. 431 § 7, A.L. 1977
H.B. 665, A.L. 1988 H.B. 1384, A.L. 2005 S.B. 355)

1. All agencies of the state of Missouri and the political
subdivisions thereof, and any other governmental agency shall be subject
to the provisions of sections 281.010 to 281.115 and rules adopted
thereunder concerning the use of restricted use pesticides.

2. Public operators for agencies listed in subsection 1 of this section
shall not use, or supervise the use of, any restricted use pesticides on
any land or structure without a certified public operator license issued
by the director. The certified public operator shall not use or supervise
the use of any restricted use pesticide for any purpose unless he has
demonstrated his competence to use pesticides for that purpose by being
certified by the director in the proper certification category. Any
employee of any agency listed in subsection 1 of this section who is not
licensed as a certified public operator may use restricted use pesticides
only under the direct supervision of a certified public operator.

3. Application for a certified public operator license shall be made in
writing to the director on a designated form obtained from the director's
office. Each application shall include all information prescribed by the
director by regulation.

4. The director shall not issue a certified public operator license until
the applicant is certified by passing an examination provided by the
director to demonstrate to the director his competence and knowledge of
the proper use of pesticides under the classifications for which he has
applied, and his knowledge of the standards prescribed by regulations for
the certification of public operators.

5. If the director finds the applicant qualified to use pesticides in the
classification for which he has applied, the director shall issue a
license, without a fee, to the certified public operator who has so
qualified. The certified public operator license shall be valid only when
the operator is acting as an operator using, or supervising the use of,
restricted use pesticides in the course of his employment. A certified
public operator license shall expire three years from the date of
issuance unless it has been revoked or suspended prior thereto by the
director for cause. The director may limit the license of the applicant
to the use of certain restricted use pesticides, or to certain areas, or
to certain types of equipment if the applicant is only so qualified. If a
license is not issued as applied for, the director shall inform the
applicant in writing of the reasons therefor.

6. The director may renew any certified public operator license under the
classification for which that applicant is licensed, subject to
reexamination for additional knowledge which may be required to use
pesticides safely and properly either manually or with equipment the
applicant has been licensed to operate.

7. The director shall require the certified public operator, or his
employer, to maintain records with respect to applications of restricted
use pesticides. Any relevant information which the director may deem
necessary may be required by regulation. Such records shall be kept for a
period of three years from the date of the application of the pesticide
to which such records refer, and the director shall, upon request in
writing, be furnished with a copy of such records by any certified public
operator or his employer.

8. Agencies listed in subsection 1 of this section shall be subject to a
legal action by any person damaged by any use of any pesticide, which may
be brought in the county where the damage or any part thereof occurred.

9. Every certified public operator shall display his license in a
prominent place at the site, location or office from which he will
operate as a certified public operator, that place, location or office
being at the address printed on the license.

10. Every certified public operator who changes the address from which he
will operate as a certified public operator shall immediately notify the
director. The director shall immediately issue a revised license upon
which shall be printed the changed address. The director shall not
collect a fee for the issuance of a revised license. The expiration date
of the revised license shall be the same as the expiration date for the
original license. (L. 1974 S.B. 431 § 8, A.L. 1977 H.B. 665, A.L. 1988
H.B. 1384)

Effective 1-1-90

1. No individual shall act in the capacity of a pesticide dealer
or shall engage in the business of, advertise as, or assume to act as a
pesticide dealer unless he has obtained a license from the director which
shall expire one year from date of issuance. An individual shall be
required to obtain a license for each location or outlet from which such
pesticides are distributed, sold, held for sale, or offered for sale at
retail or wholesale direct to the end user. Pesticide dealers may be
designated by the director as agents of the state for the purpose of
issuing permits for restricted use pesticides to private applicators.

2. Application for a pesticide dealer's license shall be made on a
designated form obtained from the director's office. The director shall
collect a fee of twenty-five dollars for the issuance of each license.
The provisions of this section shall not apply to a pesticide applicator
who sells pesticides only as an integral part of his pesticide
application service when such pesticides are dispensed only through
apparatuses used for such pesticide applications. The provisions of this
section shall not apply to any federal, state, or county agency which
provides pesticides for its own programs.

3. Each applicant shall satisfy the director as to his knowledge of the
laws and regulations governing the use and sale of pesticides and his
responsibility in carrying on the business of a pesticide dealer. Each
licensed pesticide dealer shall be responsible for insuring that all of
his employees and agents who sell or recommend restricted use pesticides
have adequate knowledge of the laws and regulations governing the use and
sale of such restricted use pesticides.

4. Each pesticide dealer shall be responsible for the acts of each person
employed by him in the solicitation and sale of pesticides and all claims
and recommendations for use of pesticides. The dealer's license shall be
subject to denial, suspension, or revocation after a hearing for any
violation of sections 281.010 to 281.115 whether committed by the dealer,
or by the dealer's officer, agent or employee.

5. No pesticide dealer shall sell, give away or otherwise make available
any restricted use pesticides to anyone but certified applicators or
operators, or to private applicators who have met the requirements of
subsection 5 of section 281.040, or to other pesticide dealers, except
that pesticide dealers may allow the designated representative of such
certified applicators, operators or private applicators to take
possession of restricted use pesticides when those restricted use
pesticides are purchased by and for use by or under the direct
supervision of such certified applicator, operator or private applicator.

6. The director shall require the pesticide dealer, or his employer, to
maintain books and records with respect to sales of restricted use
pesticides. Such relevant information as the director may deem necessary
may be specified by regulation. Such records shall be kept for a period
of three years from the date of sale of the restricted use pesticide to
which such records refer, and the director shall upon request in writing
be furnished with a copy of such records by any licensed pesticide dealer
or his employer.

7. Every licensed pesticide dealer who changes his address or place of
business shall immediately notify the director. (L. 1974 S.B. 431 § 9,
A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90

1. If the application for renewal of any license, certification
or permit provided for in this chapter is not filed prior to expiration
date in any year, a penalty of twenty-five percent shall be assessed and
added to the original fee and shall be paid by the applicant before the
license, certification or permit shall be renewed; provided, that such
penalty shall not apply if the applicant furnishes an affidavit
certifying that he has not engaged in the business subsequent to the
expiration of his license, certification or permit. Any person holding a
current valid license, certification or permit may renew the license,
certification or permit for the next year without taking another
examination unless the director determines that additional knowledge
related to classifications for which the applicant has applied makes a
new examination necessary. However, if the license is not renewed within
sixty days following the date of expiration then the licensee shall be
required to satisfy all the requirements of licensure as if such person
was never licensed.

2. The director may promulgate reasonable regulations requiring
additional training and instruction on the part of any applicant for a
license issued under sections 281.010 to 281.115.

3. The director shall have prepared for prospective licensee's use, a
book of guidelines of factual necessary information related to the
requirements of sections 281.010 to 281.115. A reasonable fee may be
collected for said publication. (L. 1974 S.B. 431 § 10, A.L. 1977 H.B.
665, A.L. 1988 H.B. 1384)

Effective 1-1-90

1. The director, after inquiry, and after opportunity for a
hearing, may deny, suspend, revoke, or modify the provisions of any
license, permit, or certification issued under sections 281.010 to
281.115, if he finds that the applicant or the holder of a license,
permit, or certification has violated any provision of sections 281.010
to 281.115, or any regulation issued thereunder, or has been convicted or
subject to a final order imposing a civil or criminal penalty pursuant to
the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as
amended, or has been convicted, or is the subject of prosecution, in
another state or protectorate of the United States, or has had a
pesticide applicator license, certificate or permit denied, suspended,
revoked or modified by another state or protectorate of the United
States, or the person has been finally adjudicated and found guilty, or
entered a plea of guilty or nolo contendere, in a criminal prosecution
under the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated under this chapter, for any offense an
essential element of which is fraud, dishonesty or an act of violence, or
for any offense involving moral turpitude, whether or not sentence is
imposed.

2. If the director determines, after inquiry and opportunity for a
hearing, that any individual is in violation of any provision of sections
281.010 to 281.115, or any regulations issued thereunder, the director
shall have the authority to assess a civil penalty of not more than one
thousand dollars for each violation, and in addition, may order that
restitution be made to any person.

3. In the event that a person penalized or ordered to pay restitution
under this section fails to pay the penalty or restitution, the director
may apply to the circuit court of Cole County for, and the court is
authorized to enter, an order enforcing the assessed penalty or
restitution. (L. 1974 S.B. 431 § 11, A.L. 1977 H.B. 665, A.L. 1988 H.B.
1384)

Effective 1-1-90

1. For the purpose of enforcing the provisions of sections
281.010 to 281.115, the director may, with permission from the owner or
person in charge, enter upon a premises at reasonable times in order to
inspect, investigate, observe, sample, and audit; provided that such
right of entry, in the case of manufacturing and formulation
establishments, be limited to those areas where pesticides are packaged,
labeled and released for shipment.

2. If the director is denied access to any land where such access was
sought for the purposes set forth in this section, he may apply to any
court of competent jurisdiction for a search warrant authorizing access
to that land for those purposes. The court may issue a search warrant for
the purposes requested upon probable cause being shown.

3. The director may report any violation of the provisions of sections
281.010 to 281.115 to the prosecuting attorney of the county where the
violation occurs. The prosecuting attorney may institute appropriate
proceedings in a court of competent jurisdiction. If any prosecuting
attorney refuses or fails to act on request of the director, the attorney
general shall so act.

4. The director may bring an action to enjoin the violation or threatened
violation of any provision of sections 281.010 to 281.115, or any rule
promulgated thereunder, in the circuit court of the county in which the
violation occurs or is about to occur. No court shall allow for recovery
of damages for administrative action taken if the director acts in good
faith. No bond shall be required of the director. (L. 1977 H.B. 665, A.L.
1988 H.B. 1384)

Effective 1-1-90

The director may subpoena witnesses and compel the production of
books, documents and records anywhere in the state in any hearing
affecting the authority or privilege granted by a license, certificate or
permit issued under the provisions of sections 281.010 to 281.115. (L.
1977 H.B. 665)

1. The director shall not issue a certified commercial
applicator's license until the applicant or the employer of the applicant
has furnished evidence of financial responsibility with the director
consisting either of a surety bond or a liability insurance policy or
certification thereof, protecting persons who may suffer legal damages as
a result of the operations of the applicant; except that, such surety
bond or liability insurance policy need not apply to damages or injury to
crops, plants or land being worked upon by the applicant.

2. The amount of the surety bond or liability insurance required by this
section shall be not less than twenty-five thousand dollars for property
damage and bodily injury insurance, each separately and for each
occurrence. Such surety bond or liability insurance shall be maintained
at not less than that sum at all times during the licensed period. The
director shall be notified within twenty days prior to any reduction at
the request of the bond- or policyholder or any cancellation of such
surety bond or liability insurance by the surety or insurer, as long as
the total and aggregate of the surety and insurer for all claims shall be
limited to the face of the bond or liability insurance policy. If the
surety bond or liability insurance policy which provides the financial
responsibility for the applicant is provided by the employer of the
applicant, the employer of the applicant shall immediately notify the
director upon the termination of the employment of the applicant or when
a condition exists under which the applicant is no longer provided bond
or insurance coverage by the employer. The applicant shall then
immediately execute a surety bond or an insurance policy to cover the
financial responsibility requirements of this section and shall furnish
the director with evidence of financial responsibility as required by
this section. The director may accept a liability insurance policy or
surety bond in the proper sum which has a deductible clause in an amount
not exceeding one thousand dollars; except that, if the bond- or
policyholder has not satisfied the requirement of the deductible amount
in any prior legal claim, such deductible clause shall not be accepted by
the director unless the bond- or policyholder furnishes the director with
a surety bond or liability insurance which shall satisfy the amount of
the deductible as to all claims that may arise in his application of
pesticides.

3. If the surety furnished becomes unsatisfactory, the bond- or
policyholder shall, upon notice, immediately execute a new bond or
insurance and if he fails to do so, the director shall cancel his
license, or deny the license of an applicant, and give him notice of
cancellation or denial, and it shall be unlawful thereafter for the
applicant to engage in the business of using pesticides until the bond or
insurance is brought into compliance with the requirements of subsection
1 of this section. If the bond- or policyholder does not execute a new
bond or insurance policy within sixty days of expiration of such bond or
policy, the licensee shall be required to satisfy all the requirements
for licensure as if never before licensed.

4. Nothing in sections 281.010 to 281.115 shall be construed to relieve
any person from liability for any damage to the person or lands of
another caused by the use of pesticides even though such use conforms to
the rules and regulations of the director. (L. 1974 S.B. 431 § 12, A.L.
1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90

1. The director may investigate the use of any pesticide or
claims of damages which result from the use of any pesticide.

2. Any person who claims to have been damaged as a result of a pesticide
use and who requests an investigation of that damage by the director
shall file with the director, on a form provided by the director, a
written statement claiming that he has been damaged. Damage statements
shall be filed within thirty days after the date the damage is alleged to
have occurred, unless a growing crop is alleged to have been damaged. If
a growing crop is alleged to have been damaged, the damage statement
shall be filed at least two weeks prior to the time that twenty-five
percent of that crop has been harvested. The director shall, upon receipt
of the statement, notify the person alleged to have caused the damage and
the owner or lessee of the land, or other person who may be charged with
the responsibility of the damages claimed, and furnish copies of any
statements which may be requested. The director shall inspect damages
whenever possible and he shall make his inspection reports available to
the person claiming damage and to the person who is alleged to have
caused the damage. Where damage is alleged to have occurred, the claimant
shall permit the director, the licensee and his representatives, such as
the bondsman or insurer, to observe, within reasonable hours, the lands
or nontarget organism alleged to have been damaged.

3. The filing of or the failure to file need not be alleged in any
complaint which might be filed in a court of law, and the failure to file
a damage claim shall not be considered any bar to the maintenance of any
criminal or civil action. The failure to file such a report shall not be
a violation of sections 281.010 to 281.115. However, if the person
failing to file such report is the only one injured from such use or
application of a pesticide by others, the director may, when in the
public interest, refuse to hold a hearing for the denial, suspension or
revocation of a license or permit issued under sections 281.010 to
281.115 until such report is filed.

4. The director may in the conduct of any investigation or hearing
authorized or held by him:

(1) Examine, or cause to be examined, under oath, any person;

(2) Examine, or cause to be examined, books and records of the sale or
use of any pesticide directly related to the investigation;

(3) Hear such testimony and take such evidence as will assist him in the
discharge of his duties under this chapter;

(4) Administer or cause to be administered oath; and

(5) Issue subpoenas to require the attendance of witnesses and the
production of books and records directly related to the investigation.
(L. 1974 S.B. 431 § 13, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384)

Effective 1-1-90

1. The director may issue a license or certification on a
reciprocal basis with other states without examination to a nonresident
who is licensed or certified in another state substantially in accordance
with the provisions of sections 281.010 to 281.115; except that,
financial responsibility must be filed pursuant to section 281.065. Fees
collected shall be the same as for resident licenses or certification.

2. Any nonresident applying for any license under section 281.035,
281.037, 281.038 or 281.050 to operate in the state of Missouri shall
designate in writing the secretary of state as the agent of such
nonresident upon whom process may be served as provided by law; except
that, any such nonresident who has designated a resident agent upon whom
process may be served as provided by law shall not be required to
designate the secretary of state as such agent. The secretary of state
shall be allowed such fees therefor as provided by law for designating
resident agents. The director shall be furnished with a copy of such
designation of the secretary of state or of a resident agent, such copy
to be certified by the secretary of state. (L. 1974 S.B. 431 § 14, A.L.
1977 H.B. 665, A.L. 1978 S.B. 748, A.L. 1988 H.B. 1384)

Effective 1-1-90

The provisions of sections 281.010 to 281.115 relating to
licenses and requirements for their issuance shall not apply to:

(1) Veterinarians using pesticides on animals during the normal course of
veterinary practice, as long as he is not regularly engaged in the
business of using pesticides for hire amounting to a principal or regular
occupation or does not publicly hold himself out as a pesticide
applicator;

(2) Doctors of medicine or doctors of osteopathy using or prescribing
pesticides in the practice of medicine;

(3) Government and private research personnel using pesticides under
laboratory type conditions. (L. 1974 S.B. 431 § 15, A.L. 1977 H.B. 665,
A.L. 1988 H.B. 1384)

Effective 1-1-90

No person shall discard, transport, or store any pesticide or
pesticide containers in such a manner as to cause injury to humans,
vegetation, crops, livestock, wildlife, beneficial insects or to pollute
any waterway. The director may promulgate rules and regulations governing
the discarding and storing of such pesticide or pesticide containers. In
determining these rules and regulations the director shall take into
consideration any regulations issued by the Federal Environmental
Protection Agency. (L. 1974 S.B. 431 § 16)

When the director or his authorized agent has probable cause to
believe a pesticide is being distributed or used in violation of any of
the provisions of sections 281.010 to 281.115, or of any of the
prescribed regulations under sections 281.010 to 281.115, he may issue
and serve a written "stop sale, use or removal order" upon the owner or
custodian of that pesticide. The pesticide shall not be sold,
distributed, used or removed until the provisions of sections 281.010 to
281.115 have been complied with and the pesticide has been released in
writing by the director or the violation has been otherwise disposed of
as provided in sections 281.010 to 281.115 by a court of competent
jurisdiction. (L. 1974 S.B. 431 § 17, A.L. 1977 H.B. 665)

Any person aggrieved by any act of the director may appeal
according to the provisions of chapter 536, RSMo. (L. 1974 S.B. 431 § 18)

The director may, in cooperation with a land grant college or
university or other public educational institutions, or a professional
association or person representing the licensee's category of
certification, publish information and conduct short courses of
instruction in the areas of knowledge required for licensing or
certification under the provisions of sections 281.010 to 281.115. (L.
1974 S.B. 431 § 19, A.L. 1977 H.B. 665)

1. It shall be unlawful for any individual to violate any
provision of sections 281.010 to 281.115, or any regulation issued
thereunder.

2. The following are determined to be unlawful acts:

(1) It shall be unlawful to recommend for use, to use, or to supervise
the use of any pesticide in a manner inconsistent with its labeling
required by labeling requirements of FIFRA, Missouri pesticide use act or
Missouri pesticide registration act;

(2) It shall be unlawful for any individual to misuse any pesticide;

(3) It shall be unlawful to make any false or misleading statements
during the course of an investigation into the sale, distribution, use or
misuse of any pesticide;

(4) It shall be unlawful to make any false or misleading statement on any
application, form or document submitted to the director concerning
licensing pursuant to sections 281.010 to 281.115 or any regulations
issued thereunder;

(5) It shall be unlawful to make any false, misleading or fraudulent
statement or claim, through any media, which misrepresents the effects of
any pesticide, the methods to be utilized in the application of any
pesticide, or the qualifications of the person determining the need for
the use of any pesticide or using any pesticide;

(6) It shall be unlawful to make any false or misleading statement
specifying, or inferring that a person or his methods are recommended by
any branch of government or that any pesticide work done will be
inspected by any branch of government;

(7) It shall be unlawful to aid or abet any licensed or unlicensed
individual in evading the provisions of sections 281.010 to 281.115 or
any regulation issued thereunder, or to conspire with any licensed or
unlicensed individual in evading the provisions of sections 281.010 to
281.115 or any regulation issued thereunder.

Other acts which are not specified, but which violate sections 281.010 to
281.115 or regulations issued thereunder, shall nevertheless be unlawful.
(L. 1988 H.B. 1384)

Effective 1-1-90

Any individual, whether a holder or nonholder of a valid license
issued pursuant to this chapter, convicted of violating any of the
provisions of sections 281.010 to 281.115, or any regulation issued
thereunder, shall be guilty of a misdemeanor. Such misdemeanor may be
punishable by imposition of a fine of not less than one hundred dollars
and not more than five thousand dollars or by imprisonment in the county
jail for not less than thirty days and not more than one year, or by both
imposition of a fine and imprisonment. (L. 1974 S.B. 431 § 20, A.L. 1977
H.B. 665, A.L. 1986 H.B. 1554 Revision, A.L. 1988 H.B. 1384)

Effective 1-1-90

The director may cooperate, receive grants-in-aid, and enter
into agreements with any agency of the federal government, of this state
or its subdivisions, or with any agency of another state, in order:

(1) To secure uniformity of regulations;

(2) To cooperate in the enforcement of the federal pesticide control laws
through the use of state or federal personnel and facilities and to
implement cooperative enforcement programs;

(3) To develop and administer state training programs for certification
of applicators consistent with federal standards;

(4) To contract with other agencies including federal agencies for the
purpose of training certified applicators;

(5) To contract for monitoring pesticides for the national plan;

(6) To prepare and submit state plans to meet federal certification
standards;

(7) To regulate certified applicators; or

(8) To contract with other agencies for the purpose of training pesticide
dealers. (L. 1974 S.B. 431 § 21)

All rules and regulations promulgated by the director of
agriculture under the terms of sections 281.010 to 281.115 shall stand
ratified unless rescinded by the general assembly within first sixty days
of each annual session. (L. 1974 S.B. 431 § 22)

Any person performing inspections for evidence of wood-
destroying insects at the request of the buyer, seller or lending
institution for real estate transactions shall have in effect a valid
Missouri certified commercial applicator's license, pesticide
technician's license working under the direct supervision of a certified
commercial applicator, certified noncommercial applicator's license or a
certified public operator's license in subcategory 7b-termite pest
control issued pursuant to chapter 281, RSMo. (L. 2001 H.B. 567 § 324.530)

1. Sections 281.210 to 281.310 shall be known as the "Missouri
Pesticide Registration Act".

2. Sections 281.210 to 281.310 shall be administered by the director of
the department of agriculture of the state of Missouri, hereafter
referred to as the "director". (L. 1982 H.B. 1514 § 263.270, A.L. 1992
H.B. 1764 § 263.269)

*Transferred 1992; formerly 263.269

As used in sections 281.210 to 281.310, unless the context
clearly requires otherwise, the following terms mean:

(1) "Active ingredient", an ingredient which will prevent, destroy,
repel, or mitigate insects, fungi, rodents, weeds, or other pests;

(2) "Adulterated", applies to any pesticide if:

(a) Its strength or purity falls below the professed standard of quality
as expressed on the labeling under which it is sold;

(b) Any substance has been substituted wholly or in part for the
pesticide; or

(c) Any valuable constituent of the pesticide has been wholly or
partially abstracted;

(3) "Animal", all vertebrate and invertebrate species, including but not
limited to man and other mammals, birds, fish, and shellfish;

(4) "Antidote", the most practical immediate treatment to counteract the
effects of poisoning, including first aid treatment;

(5) "Bacteria", any of a class (Schizomycetes) of microscopic plants
having round, rodlike, spiral, or filamentous single-celled or
noncellular bodies often aggregated into colonies or motile by means of
flagella, living in soil, water, organic matter, or the bodies of plants
and animals, and being autotrophic, saprophytic, or parasitic in
nutrition;

(6) "Bactericide", any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any bacteria;

(7) "Beneficial insects", those insects which, during their life cycle,
are effective pollinators of plants, are parasites, parasitoids, or
predators of pests, or are otherwise beneficial;

(8) "Defoliant", any substance or mixture of substances intended for
causing the leaves or foliage to drop from a plant;

(9) "Department" or "department of agriculture" means the state
department of agriculture, and when by this law the said department of
agriculture is charged to perform a duty, it shall be understood to
authorize the performance of such duty by the director of the department
of agriculture or his duly authorized personnel subject to his
instructions;

(10) "Desiccant", any substance or mixture of substances intended for
artificially accelerating the drying of plant tissue;

(11) "Device", any instrument or contrivance, other than a firearm, which
is intended for trapping, destroying, repelling, or mitigating any pest
or any other form of plant or animal life, other than man and other than
bacteria, virus, or other microorganism on or in living men or other
living animals, but not including equipment used for the application of
pesticides when sold separately therefrom;

(12) "Director", the director of the department of agriculture of the
state of Missouri;

(13) "Distribute", to sell, offer for sale, hold for sale, deliver for
transportation in intrastate commerce, or transport in intrastate
commerce;

(14) "Environment" includes water, air, land, and all plants, men and
other animals living therein, and the interrelationships which exist
among these;

(15) "Fungicide", any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any fungi;

(16) "Fungus", any nonchlorophyll-bearing thallophyte, that is, any
nonchlorophyll-bearing plant of a lower order than mosses and liverworts,
as for example, rust, smut, mildew, mold, yeast, and bacteria, except
those on or in living men or other living animals, and except those on or
in processed food, beverages, or pharmaceuticals;

(17) "General use pesticide", any pesticide, when applied in accordance
with its directions for use, warnings and cautions and for the uses for
which it is registered, or for one or more of such uses, or in accordance
with a widespread and commonly recognized practice, will not generally
cause unreasonable adverse effects on the environment;

(18) "Herbicide", any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any weed;

(19) "Inert ingredient", an ingredient which is not an active ingredient;

(20) "Ingredient statement", a statement which contains:

(a) The name and percentage of each active ingredient, and the total
percentage of all inert ingredients, in the pesticide; and

(b) If the pesticide contains arsenic in any form, a statement of the
percentages of total and water soluble arsenic, calculated as elementary
arsenic;

(21) "Insect", any of the numerous small invertebrate animals generally
having the body more or less obviously segmented, for the most part
belonging to the class Insecta, comprising six-legged, usually winged
forms, as for example, beetles, bugs, bees, and flies, and to other
allied classes of arthropods whose members are wingless and usually have
more than six legs, as for example spiders, mites, ticks, centipedes, and
wood lice;

(22) "Insecticide", any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any insect;

(23) "Label and labeling":

(a) "Label", the written, printed, or graphic matter on, or attached to,
pesticide containers, devices, or wrappers;

(b) "Labeling", all labels and all other written, printed, or graphic
matter:

a. Accompanying the pesticide or device at any time; or

b. To which reference is made on the label or in literature accompanying
the pesticide or device, except to current official publications of the
United States Environmental Protection Agency, the United States
Departments of Agriculture and Interior, the United States Department of
Health and Human Services, state experiment stations, state agricultural
colleges, and other similar federal or state institutions or agencies
authorized by law to conduct research in the field of pesticides;

(24) "Misbranded", a pesticide is misbranded if:

(a) Its labeling bears any statement, design, or graphic representation
relative thereto or to its ingredients which is false or misleading in
any particular;

(b) It is contained in a package or other container or wrapping which
does not conform to applicable federal or state standards;

(c) It is an imitation of, or is offered for sale under the name of,
another pesticide;

(d) Its label does not bear the federal registration number assigned to
the establishment in which it was produced;

(e) Any word, statement, or other information required by or under
authority of sections 281.210 to 281.310 or any federal law to appear on
the label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs, or
graphic matter in the labeling, and in such terms as to render it likely
to be read and understood by the ordinary individual under customary
conditions of purchase and use;

(f) The labeling accompanying it does not contain directions for use
which are necessary for effecting the purpose for which the product is
intended and if complied with, together with any requirements imposed
under section 281.240, are adequate to protect the health of the
applicator, other humans and the environment;

(g) The label does not contain a warning or caution statement which may
be necessary and if complied with, together with any requirements imposed
under federal law, is adequate to protect the health of the applicator,
other humans and the environment;

(h) Its label does not bear an ingredient statement on that part of the
immediate container, and on the outside container or wrapper of the
retail package, if there be one, through which the ingredient statement
on the immediate container can** be clearly read, which is presented or
displayed under customary conditions of purchase, except that a pesticide
is not misbranded under this paragraph if:

a. The size or form of the immediate container, or the outside container
or wrapper of the retail package, makes it impracticable to place the
ingredient statement on the part which is presented or displayed under
customary conditions of purchase; and

b. The ingredient statement appears prominently on another part of the
immediate container, or outside container or wrapper, as permitted by the
director;

(i) The labeling does not contain a statement of the use classification
under which the product is registered, if such a classification has been
made by the director or the federal government;

(j) There is not affixed to its container, and to the outside container
or wrapper of the retail package, if there be one, through which the
required information on the immediate container can be clearly read, a
label bearing:

a. The name and address of the producer, registrant, or person for whom
produced;

b. The name, brand, or trademark under which the pesticide is sold;

c. The net weight or measure of the content; provided, that, the director
may permit reasonable variations; and

d. The federal registration number assigned to the pesticide and any
other federal or state identification or classification that might be
required by rule or regulation;

(k) The pesticide contains any substance or substances in quantities
highly toxic to man, unless the label shall bear, in addition to any
other matter required by sections 281.210 to 281.310:

a. The skull and crossbones;

b. The word "poison" prominently in red on a background of distinctly
contrasting color; and

c. A statement of a practical treatment, first aid or otherwise, in case
of poisoning by the pesticide;

(25) "Nematicide", any substance or mixture of substances intended for
preventing, destroying, repelling or mitigating any nematodes;

(26) "Nematode", invertebrate animals of the phylum Nemathelminthes and
class Nematoda, that is, unsegmented round worms with elongated,
fusiform, or sac-like bodies covered with cuticle, and inhabiting soil,
water, plants, or plant parts;

(27) "Person", any individual, partnership, association, fiduciary,
corporation, or any organized group of persons whether incorporated or
not;

(28) "Pest":

(a) Any insect, snail, slug, rodent, nematode, fungus, weed; or

(b) Any other form of terrestrial or aquatic plant or animal life or
virus, bacteria, or other microorganism, except viruses, bacteria, or
other microorganisms on or in living men or other living animals, which
is normally considered to be a pest;

(29) "Pesticide":

(a) Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest; or

(b) Any substance or mixture of substances intended for use as a plant
regulator, defoliant, or desiccant;

(30) "Plant regulator", any substance or mixture of substances intended,
through physiological action, to accelerate or retard the rate of growth
or rate of maturation, or to otherwise alter the behavior of plants or
the products thereof, but shall not include substances to the extent that
they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, or soil amendments. The term "plant
regulator" does not include surfactants or any of those nutrient mixtures
or soil amendments which are commonly known as vitamin-hormone
horticultural products, intended for improvement, maintenance, survival,
health and propagation of plants, and which are not for pest destruction
and are nontoxic, nonpoisonous in the undiluted package concentration;

(31) "Producer and produce":

(a) "Produce", to manufacture, formulate, prepare, compound, propagate,
or process any pesticide or device;

(b) "Producer", the person who manufactures, formulates, prepares,
compounds, propagates, or processes any pesticide or device;

(32) "Registrant, register, and registration":

(a) "Register", to record pesticides with the director of agriculture
pursuant to the provisions of sections 281.210 to 281.310;

(b) "Registrant", a person who has registered any pesticide pursuant to
the provisions of sections 281.210 to 281.310;

(c) "Registration", the process of registering pesticides pursuant to the
provisions of sections 281.210 to 281.310;

(33) "Restricted use pesticide", any pesticide, when applied in
accordance with its directions for use, warnings and cautions and for the
uses for which it is registered, or for one or more of such uses, or in
accordance with a widespread and commonly recognized practice, the
director subsequent to a hearing, or the federal government, determines
may cause, without additional regulatory restrictions, unreasonable
adverse effects on the environment, including injury to the applicator;

(34) "Rodent", any of an order Rodentia of relatively small gnawing
mammals having a single pair of upper incisors with a chisel-shaped edge;

(35) "Rodenticide", any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any rodents;

(36) "Sale", selling or offering for sale any pesticides;

(37) "Snails or slugs" includes all harmful mollusks;

(38) "Unreasonable adverse effects on the environment", any unreasonable
risk to man or the environment, taking into account the economic, social,
and environmental costs and benefits of the use of any pesticide; and

(39) "Weed", any plant which grows where not wanted. (L. 1955 p. 26 § 2,
A.L. 1982 H.B. 1514 § 263.280)

*Transferred 1992; formerly 263.270

**Word "cannot" appears in original rolls.

The director shall administer and enforce the provisions of
sections 281.210 to 281.310 and shall have authority to promulgate rules
in accordance with the provisions of chapter 536, RSMo, to carry out the
provisions of sections 281.210 to 281.310. (L. 1982 H.B. 1514 § 263.290,
A.L. 1993 S.B. 52)

*Transferred 1992; formerly 263.275

1. No person shall distribute, sell, offer for sale, hold for
sale, deliver for transportation, or transport in intrastate commerce or
between points within this state through any point outside of this state
any of the following:

(1) Any pesticide which has not been registered pursuant to the
provisions of section 281.260, or any pesticide if any of the claims made
for it or any of the directions for its use differ in substance from the
representations made in connection with its registration, or if the
composition of a pesticide differs from its registration; provided that,
in the discretion of the director, a minor change in the labeling or
formula of a pesticide may be made within a registration period without
requiring reregistration of the product;

(2) Any pesticide, unless it is in the registrant's or the manufacturer's
unbroken immediate container or a bulk container sealed by the
registrant, and there is affixed to such container, and to the outside
container or wrapper of the retail package, if there be one, through
which the required information on the immediate container cannot be
clearly read, a label bearing:

(a) The name and address of the manufacturer, registrant, or person for
whom manufactured;

(b) The name, brand, or trademark under which said article is sold; and

(c) The net weight or measure of the contents, subject, however, to such
reasonable variations as the director may permit;

(3) Any pesticide which contains any substance or substances in
quantities highly toxic to man unless the label shall bear, in addition
to any other matter required by sections 281.210 to 281.310:

(a) The skull and crossbones;

(b) The word "poison" prominently, in red, on a background of distinctly
contrasting color; and

(c) A statement of an antidote for the pesticide;

(4) Any pesticide which is adulterated or misbranded, or any device which
is misbranded.

2. It shall be unlawful:

(1) For any person to detach, alter, deface, or destroy, in whole or in
part, any label or labeling provided for in sections 281.210 to 281.310,
or rules promulgated thereunder, or to add any substance to or take any
substance from a pesticide in a manner that may defeat the purpose of
sections 281.210 to 281.310;

(2) For any person to use for his own advantage or to reveal, other than
to the director or proper officials or employees of this state, the
courts of this state in response to a subpoena, physicians, or, in
emergencies, pharmacists and other qualified persons for use in the
preparation of antidotes, any information relative to formulas of
products acquired by authority of section 281.260. (L. 1955 p. 26 § 3,
A.L. 1982 H.B. 1514 § 263.300)

*Transferred 1992; formerly 263.280

1. The penalties provided for violations of subsection 1 of
section 281.240 shall not apply to:

(1) Any carrier while lawfully engaged in transporting a pesticide within
this state if such carrier shall, upon request, permit the director or
his designated agent to copy all records showing the transactions in and
movement of the pesticides;

(2) Public officials of this state and the federal government engaged in
the performance of their official duties;

(3) The manufacturer or shipper of a pesticide for experimental use only:

(a) By or under the supervision of an agency of this state or of the
federal government authorized by law to conduct research in the field of
pesticides; or

(b) By others if the pesticide is not sold and if the container thereof
is plainly and conspicuously marked "For experimental use only--Not to be
sold", together with the manufacturer's name and address; provided,
however, that if a written permit has been obtained from the director,
pesticides may be sold for experimental purposes subject to such
restrictions and conditions as may be set forth in the permit.

2. No article shall be deemed in violation of sections 281.210 to 281.310
when intended solely for export to a foreign country and when prepared or
packed according to the specifications or directions of the purchaser. If
not so exported, all the provisions of sections 281.210 to 281.310 shall
apply. (L. 1955 p. 26 § 7, A.L. 1982 H.B. 1514 § 263.310)

*Transferred 1992; formerly 263.290

1. Every pesticide which is distributed, sold, offered for sale
or held for sale within this state, or which is delivered for
transportation or transported in intrastate commerce or between points
within this state through any point outside of this state, shall be
registered in the office of the director, and the registration shall be
renewed annually.

2. The registrant shall file with the director a statement including:

(1) The name and address of the registrant and the name and address of
the person whose name will appear on the label, if other than the
registrant;

(2) The name of the pesticide;

(3) Classification of the pesticide; and

(4) A complete copy of the labeling accompanying the pesticide and a
statement of all claims to be made for it, including directions for use.

3. The registrant shall pay an annual fee of fifteen dollars for each
product registered in any calendar year or part thereof. The fee shall be
deposited in the state treasury to the credit of the general revenue
fund. All such registrations shall expire on December thirty-first of any
one year, unless sooner canceled. A registration for a special local need
pursuant to subsection 6 of this section, which is disapproved by the
federal government, shall expire on the effective date of the disapproval.

4. Any registration approved by the director and in effect on the
thirty-first day of December for which a renewal application has been
made and the proper fee paid shall continue in full force and effect
until such time as the director notifies the applicant that the
registration has been renewed, or otherwise denied, in accord with the
provisions of subsection 8 of this section. Forms for reregistration
shall be mailed to registrants at least ninety days prior to the
expiration date.

5. If the renewal of a pesticide registration is not filed prior to
January first of any one year, an additional fee of five dollars shall be
assessed and added to the original fee and shall be paid by the applicant
before the registration renewal for that pesticide shall be issued;
provided, that, such additional fee shall not apply if the applicant
furnishes an affidavit certifying that he did not distribute such
unregistered pesticide during the period of nonregistration. The payment
of such additional fee is not a bar to any prosecution for doing business
without proper registry.

6. Provided the state complies with requirements of the federal
government to register pesticides to meet special local needs, the
director shall require that registrants comply with sections 281.210 to
281.310 and pertinent federal laws and regulations. Where two or more
pesticides meet the requirements of this subsection, one shall not be
registered in preference to the other.

7. The director may require the submission of the complete formula of any
pesticide to approve or deny product registration. If it appears to the
director that the composition and efficacy of the pesticide is such as to
warrant the proposed claims for it and if the pesticide and its labeling
and other material required to be submitted comply with the requirements
of sections 281.210 to 281.310, he shall register the pesticide.

8. Provided the state is authorized to issue experimental use permits,
the director may:

(1) Issue an experimental use permit to any person applying for an
experimental use permit if he determines that the applicant needs such
permit in order to accumulate information necessary to register a
pesticide under sections 263.269 to 263.380. An application for an
experimental use permit may be filed at the time of or before or after an
application for registration is filed;

(2) Prescribe terms, conditions, and period of time for the experimental
permit which shall be under the supervision of the director;

(3) Revoke any experimental permit, at any time, if he finds that its
terms or conditions are being violated, or that its terms and conditions
are inadequate to avoid unreasonable adverse effects on the environment.

9. If it does not appear to the director that the pesticide is such as to
warrant the proposed claims for it or if the pesticide and its labeling
and other material required to be submitted do not comply with the
provisions of sections 281.210 to 281.310 or with federal laws, he shall
notify the registrant of the manner in which the pesticide, labeling, or
other material required to be submitted fail to comply with sections
281.210 to 281.310 or with federal laws so as to afford the registrant an
opportunity to make the necessary corrections. If, upon receipt of such
notice, the registrant insists that such corrections are not necessary
and requests in writing that the pesticide be registered or, in the case
of a pesticide that is already registered, that it not be canceled, the
director, within ninety days, shall hold a public hearing to determine if
the pesticide in question should be registered or canceled. If, after
such hearing, it is determined that the pesticide should not be
registered or that its registration should be canceled, the director may
refuse registration or cancel an existing registration until the required
label changes are accomplished. If the pesticide is shown to be in
compliance with sections 281.210 to 281.310 and federal laws, the
pesticide will be registered. Any appeals resulting from administrative
decisions by the director will be taken in accordance with sections
536.100 to 536.140, RSMo.

10. Notwithstanding any other provision of sections 281.210 to 281.310,
registration is not required in the case of a pesticide shipped from one
plant or warehouse within this state to another plant or warehouse within
this state when such plants are operated by the same persons.

11. The director shall not make any lack of essentiality a criterion for
denying registration of a pesticide except where none of the labeled uses
are present in the state. Where two or more pesticides meet the
requirements of sections 281.210 to 281.310, one shall not be registered
in preference to the other. (L. 1955 p. 26 § 4, A.L. 1959 H.B. 221, A.L.
1982 H.B. 1514 § 263.320)

*Transferred 1992; formerly 263.300

1. For the purpose of enforcing the provisions of sections
281.210 to 281.310 the director may, with permission from the owner or
person in charge, enter upon any business premises at reasonable times in
order to inspect, investigate, observe, and sample; provided, that, such
right of entry, in the case of manufacturing and formulation
establishments, be limited to those areas where records are maintained
and pesticides are packaged, labeled and released for shipment.

2. If the director is denied access to any land or buildings where such
access was sought for the purposes set forth in this section, he may
apply to any court of competent jurisdiction for a search warrant
authorizing access to that land or building for those purposes. The court
may issue a search warrant for the purposes requested upon probable cause
being shown.

3. The director may report any violation of the provisions of sections
281.210 to 281.310 to the prosecuting attorney of the county where the
violation occurs. The prosecuting attorney may institute civil
proceedings in a court of competent jurisdiction. If any prosecuting
attorney refuses or fails to act on request of the director, the attorney
general shall so act. (L. 1959 H.B. 221 § 263.315, A.L. 1982 H.B. 1514 §
263.330)

*Transferred 1992; formerly 263.315

1. The director may take, or cause to be taken, samples of
pesticides for the purpose of determining whether they comply with
sections 281.210 to 281.310. If it shall appear from the examination of
the pesticide so sampled that the pesticide fails to comply with the
provisions of sections 281.210 to 281.310, and the director contemplates
instituting civil proceedings against any person, the director shall
cause appropriate notice to be given to such person. Any person so
notified shall be given an opportunity to present his views, either
orally or in writing, with regard to such contemplated proceedings, and
if thereafter, in the opinion of the director, it shall appear that the
provisions of sections 281.210 to 281.310 have been violated by such
person, then the director may refer the facts to the prosecuting attorney
for the county in which the violation occurred or to the attorney
general, as provided for in section 281.270. However, nothing in sections
281.210 to 281.310 shall be construed as requiring the director to report
for prosecution, or for the institution of libel proceedings, minor
violations of sections 281.210 to 281.310 whenever he believes that the
public interests will be best served by a suitable notice of warning in
writing to the registrant.

2. The director may, within his discretion and appropriations, report or
cause to be reported the results of the examinations, analyses and tests
of any pesticides made under the provisions of sections 281.210 to
281.310, together with any other information which serves to carry out
the proper purposes of sections 281.210 to 281.310; provided, that, if
the director reports the violations of any registrant or person he shall
report the violations of all registrants and persons over the same period
of time. (L. 1955 p. 26 § 6, A.L. 1982 H.B. 1514 § 263.340)

*Transferred 1992; formerly 263.320

In order to avoid confusion resulting from diverse requirements,
and to avoid increased costs to the people of this state due to the
necessity of complying with such diverse requirements in the manufacture,
sale and use of such pesticides, it is desirable that there should be
uniformity of requirements throughout the state and between the several
states and the federal government relating to such pesticides. To this
end, the director is authorized and empowered to cooperate with, and
enter into agreements with, the federal government, any other state or
agency thereof, any other agency of this state, and any political
subdivision of this state regarding pesticide regulatory requirements
under sections 281.210 to 281.310 and sections 281.005 to 281.115. (L.
1955 p. 26 § 11, A.L. 1982 H.B. 1514 § 263.370, A.L. 1992 H.B. 1764 §
263.340)

*Transferred 1992; formerly 263.340

1. Any pesticide that is distributed, sold, offered for sale, or
held for sale within this state, or which is delivered for transportation
or transported in intrastate commerce or between points within this state
through any point outside this state, shall be liable to be proceeded
against in any circuit court in any county of this state where it may be
found for purposes of confiscation and condemnation:

(1) If it is adultered or misbranded;

(2) If it has not been registered under the provisions of sections
281.210 to 281.310; or

(3) If it fails to bear on its label the information required by sections
281.210 to 281.310.

2. If the pesticide is condemned as the result of court action, it shall,
after entry of decree, be disposed of by destruction, or sale, as the
court may direct, and the proceeds, if such pesticide is sold, less legal
costs, shall be paid to the state treasurer; provided, that, the
pesticide shall not be sold contrary to the provisions of sections
281.210 to 281.310; and provided further, that upon payment of costs of
execution and delivery of a good and sufficient bond conditioned upon the
promise that the pesticide shall not be disposed of unlawfully, the court
may direct that such pesticide be delivered to the owner thereof for
relabeling or reprocessing, as the case may be.

3. When the director has reasonable cause to believe any pesticide is
being distributed in violation of any of the provisions of sections
281.210 to 281.310, or of any of the prescribed rules promulgated
pursuant to sections 281.210 to 281.310, he may issue and enforce a
written or printed "stop sale, use or removal" order, warning the owner
or custodian of any such pesticide or device not to dispose of the
pesticide or device in any manner until written permission is given by
the director or the court. If the owner or custodian is not available for
service of the order upon him, the director may attach the order to the
pesticide or device and notify the owner or custodian and the registrant.
The director shall release the pesticide so withdrawn when such
provisions and rules have been complied with. If compliance is not
obtained within thirty days, the director may begin or, upon request of
the distributor or registrant, shall begin, proceedings for condemnation.

4. When a decree of condemnation is entered against the pesticide, court
costs and fees and storage and other proper expenses shall be awarded
against the person, if any, intervening as claimant of the pesticide. (L.
1955 p. 26 § 9, A.L. 1978 H.B. 1634, A.L. 1982 H.B. 1514 §§ 263.350,
263.360)

*Transferred 1992; formerly 263.360

1. Any person violating subdivision (1) of subsection 1 of
section 281.240 shall be guilty of an infraction and upon conviction
shall be fined not more than one thousand dollars.

2. Any person violating any provisions of sections 281.210 to 281.310,
other than subdivision (1) of subsection 1 of section 281.240 or
subsection 3 of this section, shall be guilty of an infraction and upon
conviction shall be fined not more than five hundred dollars for the
first offense and fined not more than one thousand dollars for each
subsequent offense; provided, that, any offense committed more than five
years after a previous conviction shall be considered a first offense;
and provided, further, that in any case where a registrant was issued a
warning by the director pursuant to the provisions of sections 281.210 to
281.310, such registrant violates any provisions of sections 281.210 to
281.310, that registrant shall be guilty of a class A misdemeanor and the
registration of the pesticide with reference to which the violation
occurred shall terminate automatically. A pesticide for which the
registration has been terminated may not again be registered unless the
pesticide, its labeling, and other material required to be submitted
appear to the director to comply with all the requirements of sections
281.210 to 281.310.

3. Notwithstanding any other provisions of this section, no person shall
knowingly or with reckless disregard of the consequences, use or reveal
information relative to formulas of products acquired under authority of
section 281.260 or other information which the submitter designates as
trade secret or confidential, without obtaining prior written consent of
the submitter. Any person violating this subsection shall be guilty of a
class A misdemeanor.

4. Nothing in sections 281.210 to 281.310, shall impose or continue to
effect any requirement for labeling or packaging in addition to or
different from those required under federal regulations. (L. 1955 p. 26 §
8, A.L. 1982 H.B. 1514)

*Transferred 1992; formerly 263.380

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