§ 206.6 — License for commercial applicators

Iowa § 206.6

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 206: PESTICIDES

Text

1. Commercial applicator. No person shall engage in the business of applying pesticides
to the lands or property of another at any time without being licensed by the secretary. The
secretary shall require an annual license fee of not more than twenty-five dollars for each
license. Application for a license shall be made in writing to the department on a designated
form obtained from the department. Each application for a license shall contain information
regarding the applicant’s qualifications and proposed operations, license classification or
classifications for which the applicant is applying.
2. Nonresident applicator. Any nonresident applying for a license under this chapter to
operate in the state shall file a written power of attorney designating the secretary of state
as the agent of such nonresident upon whom service of process may be had in the event of
any suit against said nonresident person, and such power of attorney shall be so prepared
and in such form as to render effective the jurisdiction of the courts of this state over such
nonresident applicants. A nonresident who has a duly appointed 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 as provided by law for
designating resident agents. The secretary 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.
3. Examination for commercial applicator license. The secretary of agriculture shall
not issue a commercial applicator license until the individual engaged in or managing the
pesticide application business and employed by the business to apply pesticides is certified
by passing an examination to demonstrate to the secretary the individual’s knowledge of
how to apply pesticides under the classifications the individual has applied for, and the
individual’s knowledge of the nature and effect of pesticides the individual may apply under
such classifications. The applicant successfully completing the certification requirement
shall be a licensed commercial applicator.
4. Renewal of applicant’s license. The secretary of agriculture shall renew any
applicant’s license under the classifications for which such applicant is licensed, provided
thatalloftheapplicant’spersonnelwhoapplypesticidesarecertifiedcommercialapplicators.
5. Issue commercial applicator license.
a. The secretary shall approve an application and issue a commercial applicator license
to the applicant as follows:
(1) The applicant is qualified as found by the secretary to apply pesticides in the
classifications for which the applicant has applied.
(2) The applicant must furnish to the department evidence of financial responsibility as
required under section 206.13.
(3) An applicant applying for a license to engage in aerial application of pesticides must
demonstrate compliance with the requirements of the federal aviation administration, the
United States department of transportation, and any other applicable federal or state laws or
regulations to operate the equipment described in the application.
b. The secretary shall adopt by rule, additional requirements for issuing a license to a
personwhoisanonresidentofthisstateengagedintheaerialapplicationofpesticides, which
mayincludebutisnotlimitedtoconditionsfortheoperationoftheaircraftandtheapplication
of the pesticides under the supervision of a person who is a resident of this state and licensed
as a commercial applicator under this section or as a pesticide dealer under section 206.8.
The secretary shall not adopt rules concerning the operation of aircraft when a nonresident
person is not engaged in the commercial application of pesticides.
c. The secretary shall issue a commercial applicator license limited to the classifications
for which the applicant is qualified, which shall expire as provided in section 206.5, unless
it has been revoked or suspended by the secretary for cause. The secretary 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
secretary shall inform the applicant in writing of the reasons.
6. Public applicator.
a. All state agencies, counties, municipal corporations, and any other governmental

agency shall be subject to the provisions of this chapter and rules adopted thereunder
concerning the application of pesticides.
b. Public applicators for agencies listed in this subsection shall be subject to certification
requirements as provided for in this section. The public applicator license shall be valid only
when such applicator is acting as an applicator applying pesticides used by such entities.
Government research personnel shall be exempt from this licensing requirement when
applying pesticides only to experimental plots. Public agencies or municipal corporations
licensed pursuant to this section shall be licensed public applicators.
c. Such agencies and municipal corporations shall be subject to legal recourse by any
person damaged by such application of any pesticide, and such action may be brought in the
county where the damage or some part thereof occurred.

Legislative History

[C66, 71, 73, §206.5; C75, 77, 79, 81, §206.6]