Mo. Rev. Stat. ch. 281

Mo. Rev. Stat. ch. 281
in effect

Mo. Rev. Stat. § 281.005 Preemption of all ordinances and rules of political subdivisions.

281.005. Preemption of all ordinances and rules of political subdivisions. — 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)

Mo. Rev. Stat. § 281.010 Short title.

281.010. Short title. — 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)

Mo. Rev. Stat. § 281.015 Director of agriculture to administer.

281.015. Director of agriculture to administer. — Sections 281.005 to 281.115 shall be administered by the director of the department of agriculture of the state of Missouri. (L. 1974 S.B. 431 § 2, A.L. 1992 H.B. 1764, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.020 Definitions.

281.020. Definitions. — 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 applicator" , includes any certified commercial applicator, certified noncommercial applicator, certified private applicator, certified provisional private applicator, or certified public operator; (b) "Certified commercial applicator" , any individual, whether or not the individual is a private applicator with respect to some uses, who is certified by the director as authorized to use, supervise the use of, determine the need for the use of, or supervise the determination of need for any pesticide, whether classified for restricted use or for general use, while the individual 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; (c) "Certified noncommercial applicator" , any individual, whether or not the individual 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 the individual or the individual's employer; (d) "Certified private applicator" , any individual who is certified by the director as authorized to use any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the individual or the individual's employer or on the property of another person, if used without compensation other than trading of personal services between producers of agricultural commodities; (e) "Certified provisional private applicator" , any individual who is sixteen or seventeen years of age, an immediate family member of a certified private applicator, and certified by the director to use any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the individual's immediate family member, so * long as the following requirements are met: a. The restricted use pesticide (RUP) is not a fumigant; b. The restricted use pesticide (RUP) does not contain sodium cyanide or sodium fluoroacetate; c. The individual does and will not apply any restricted use pesticide (RUP) using aerial application equipment; d. The individual does and will not supervise the use of any restricted use pesticide (RUP); and e. The individual does and will not purchase any restricted use pesticide (RUP); (f) "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 the individual's duties as an official or employee of any agency of the state of Missouri or any political subdivision thereof, or any other governmental agency; (g) "Noncertified restricted use pesticide (RUP) applicator" , any person who is not certified in accordance with sections 281.010 to 281.115 who uses or determines the need for the use of restricted use pesticides under the direct supervision of a certified commercial applicator or uses restricted use pesticides under the direct supervision of a certified noncommercial applicator or certified public operator; (h) "Private applicator" , any person not holding a certified private applicator's license or certified provisional private applicator's license who uses general use pesticides or minimum risk pesticides for the purposes of producing any agricultural commodity on property owned or rented by the person or the person's employer or on the property of another person, if used without compensation other than trading of personal services between producers of agricultural commodities; (i) "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 sections 281.010 to 281.115 , is authorized by the director to determine the need for the use of any pesticide as well as to the use of any pesticide; (j) "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 that, 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) "Department" or "department of agriculture" , the state department of agriculture, and when by sections 281.010 to 281.115 the department of agriculture is charged to perform a duty, the director of the department of agriculture is authorized to perform such duty; (6) "Desiccant" , any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (7) "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; (8) "Device" , any instrument or contrivance, other than a firearm, that 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; (9) "Director" , the director of the department of agriculture or the director's designee; (10) "Distribute" , to sell, offer for sale, hold for sale, deliver for transportation in intrastate commerce, or transport in intrastate commerce; (11) "Environment" , includes, but is not limited to, water, air, land, and all plants and man and other animals living therein, and the interrelationships that exist among these; (12) "Equipment" , 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; (13) "Fungus" , any nonchlorophyll-bearing thallophyte, which is any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, such as 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; (14) "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, that will not generally cause unreasonable adverse effects on the environment; (15) "Immediate family" , familial relationships limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. As used in this subdivision, "first cousin" means the child of a parent's sibling, i.e., the child of an aunt or uncle; (16) "Individual" , any responsible, natural human being; (17) "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, such as beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice; (18) "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; (19) "Minimum risk pesticide" , any pesticide product exempted under 40 CFR Section 152.25(f) from registration requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended; (20) "Misuse of a pesticide" , a use of any 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; (21) "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; (22) "Nontarget organism" , any plant, animal, or organism other than the target pests that a pesticide is intended to affect; (23) "Person" , any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (24) "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, that is normally considered to be a pest; (25) "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; (26) "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; (27) "Pesticide dealership" , any location or outlet where restricted use pesticides are held for sale, distributed, or sold; (28) "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 that are commonly known as vitamin-hormone horticultural products, intended for improvement, maintenance, survival, health, and propagation of plants, and that are not for pest destruction and are nontoxic, nonpoisonous in the undiluted package concentration; (29) "Restricted use pesticide" or "(RUP)" , 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; (30) "Sale" , selling or offering for sale any pesticide; (31) "Snails" or "slugs" includes all harmful mollusks; (32) "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; (33) "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; (34) "Use" , mixing, loading, or applying any pesticide; cleaning pesticide equipment; or storing or disposing of pesticide containers, pesticides, spray mix, equipment wash waters, and/or other pesticide-containing materials; (35) "Weed" , any plant that grows where not wanted; (36) "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, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102 *Word "as" appears in original rolls of S.B. 26, 2021.

Mo. Rev. Stat. § 281.023 Director may enter into cooperative agreements with political subdivisions.

281.023. Director may enter into cooperative agreements with political subdivisions. — 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)

Mo. Rev. Stat. § 281.025 Director may issue regulations - notice, how given - list of restricted use ...

281.025. Director may issue regulations — notice, how given — list of restricted use pesticides, adoption of — public hearings, when — rulemaking procedure. — 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 , 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 that 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 the director finds that such notice is necessary to carry out the purpose of sections 281.010 to 281.115 . 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 that 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. 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 . (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, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.030 Classification of licenses, how made - rulemaking powers - fees.

281.030. Classification of licenses, how made — rulemaking powers — fees. — 1. The director may, by regulation, classify 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, provisional private applicators, public operators, pesticide technicians, or noncertified RUP applicators. 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 the individual is certified in one or all of the certification categories provided under the license for which the individual 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, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.035 Certified commercial applicator's license required when, annual fee - ...

281.035. Certified commercial applicator's license required when, annual fee — application for license, how made — examinations — records to be kept — incapacity of sole certified applicator, effect of — display of license — change of address, notice. — 1. No individual shall engage in the business of determining the need for the use of, supervising the use of, supervising the determination of the need for 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, supervise the determination of the need for the use of, or use any pesticide for any particular purpose unless the certified commercial applicator has demonstrated such certified commercial applicator's 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 sixty-five 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 general use pesticide or minimum risk 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 general use pesticide or minimum risk pesticide by an individual operating under the certified commercial applicator's direct supervision. The certified commercial applicator or the employer shall assure that the director is informed in writing within ten days of the employment of any person as a pesticide technician or pesticide technician trainee. 2. 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 restricted use pesticide on the land of another at any time unless such individual is licensed as a noncertified RUP applicator while 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 restricted use pesticide by an individual operating under the certified commercial applicator's direct supervision. 3. Application for a certified commercial applicator's license shall be submitted to the director on a designated form obtained from the department. Each application shall include such information as prescribed by the director by regulation. 4. 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 the applicant's competence and knowledge of the proper use of pesticides under the classifications the applicant had applied for, and the applicant's knowledge of the standards prescribed by regulations for the certification of commercial applicators. 5. The director may renew any certified commercial applicator's license under the classification for which such applicant is licensed, upon successful completion of approved recertification training or 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. 6. 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 the applicant is qualified, which shall expire one year from date of issuance unless the license 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 the 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 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. 7. The director shall require each certified commercial applicator or the certified commercial applicator's employer to maintain records with respect to applications of any pesticide, including pesticides used under direct supervision by licensed pesticide technicians, pesticide technician trainees, and licensed noncertified RUP applicators. 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 the certified commercial applicator's employer. 8. A person or individual engaged in the business of using pesticides on the lands of another, who is deprived of such person's or individual's 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 such person's or individual's sole certified commercial applicator. 9. Every certified commercial applicator shall display the certified commercial applicator's license in a prominent place at the site, location, or office from which the certified commercial applicator will operate as a certified commercial applicator; that place, location, or office being at the address printed on the license. 10. Every certified commercial applicator who changes the address from which the certified commercial applicator 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, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.037 Certified noncommercial applicator's license, when required - application ...

281.037. Certified noncommercial applicator's license, when required — application for license, examination, fee — scope of license — records to be kept — display of license — change of address, notice. — 1. Any individual who is not certified pursuant to section 281.035 , 281.040 , or 281.045 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 the certified noncommercial applicator has demonstrated the certified noncommercial applicator's competence to use pesticides for that purpose by being certified by the director in the proper certification category. 2. No certified noncommercial applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified noncommercial applicator or the certified noncommercial applicator's employer unless such individual is licensed as a noncertified RUP applicator while working under the direct supervision of a certified noncommercial applicator so authorizing, directing, or instructing, in which case the certified noncommercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified noncommercial applicator's direct supervision. 3. Application for a certified noncommercial applicator license shall be submitted to the director on a designated form obtained from the department. Each application shall include such information as prescribed by the director by regulation. 4. 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 the applicant's competence and knowledge of the proper use of pesticides under the classifications for which the applicant has applied, and the applicant's knowledge of the standards prescribed by regulations for the certification of noncommercial applicators. 5. If the director finds the applicant qualified to use restricted use pesticides in the classification for which the applicant has applied, the director shall issue a certified noncommercial applicator license limited to the applicator categories in which the applicant is certified. The license shall expire one year from the date of issuance unless the license 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 noncommercial applicator license under the classification for which the license is issued upon successful completion of approved recertification training or reexamination for additional knowledge that may be required to apply pesticides safely and properly. 7. The director shall collect a fee of thirty-five dollars for each certified noncommercial applicator license issued. 8. 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 the certified noncommercial applicator or the certified noncommercial applicator's employer. 9. The director shall require the certified noncommercial applicator or the certified noncommercial applicator's employer to maintain records with respect to applications of restricted use pesticides. Any relevant information that 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 the certified noncommercial applicator's employer. 10. Every certified noncommercial applicator shall display the certified noncommercial applicator's license in a prominent place at the site, location, or office from which the certified noncommercial applicator will operate as a certified noncommercial applicator; that place, location, or office being at the address printed on the license. 11. Every certified noncommercial applicator who changes the address from which the certified noncommercial applicator 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, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.038 Determination of need for use of pesticide, who may make - pesticide ...

281.038. Determination of need for use of pesticide, who may make — pesticide technician's license, application, requirements, fee. — 1. No individual working under the direct supervision of a certified commercial applicator shall determine the need for the use of or use any general use pesticide or minimum risk pesticide in categories as specified by regulation, unless and until the individual has met the requirements of sections 281.010 to 281.115 . 2. Application for a pesticide technician's license shall be submitted to the director on a designated form obtained from the department. 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 the applicant's 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 thirty-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 the applicant is qualified, which shall expire one year from date of issuance unless the license 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. 7. In order for pesticide technicians to use or determine the need for the use of any general use pesticide: (1) A certified commercial applicator shall and must be licensed to work from the same physical location as the pesticide technician; and (2) The licensed certified commercial applicator shall and must be certified in the same use categories as the pesticide technician as specified by regulation. 8. A pesticide technician may complete retraining requirements and renew the technician's license without a certified commercial applicator working from the same physical location. (L. 1988 H.B. 1384, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.040 Private applicator's license, qualifications for - training, review ...

281.040. Private applicator's license, qualifications for — training, review committee — duration, renewal — provisional license, automatic conversion to permanent license, when. — 1. No private applicator shall use any restricted use pesticide unless the private applicator first complies with the requirements determined pursuant to subsection 3 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. No certified private applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional private applicator. 3. The private applicator shall qualify for a certified private applicator's license or a certified provisional private applicator's license by attending an approved certification training program provided by University of Missouri Extension, completing an online certification training program provided by University of Missouri Extension, or by passing the required private applicator certification examination provided by the director on the use, handling, storage, and application of restricted use pesticides in the proper certification categories as specified by regulation. The content of the instruction shall be determined and revised as necessary by the director. Upon completion of the certification training program, completion of the online certification training program, or passage of the required private applicator certification examination, the director shall issue a certified private applicator's license or certified provisional private applicator's license to the applicant. The director shall not collect a fee for the issuance of such license. University of Missouri Extension shall collect reasonable fees for study materials and for enrollment in certification or recertification programs administered in-person or online. Such fees shall be assessed based on the majority decision of a review committee convened every five years or as needed by the director. Such fees shall not exceed seventy-five dollars per program per applicant unless the members of the review committee representing statewide agricultural organizations vote unanimously in favor of setting the fee in an amount in excess of seventy-five dollars. Such committee shall be provided revenue and expense information for the training program from the University of Missouri Extension and information on the content of the instruction and method of delivery from the director. The review committee shall also determine a maximum in-seat training time limit for the training programs. The committee shall report its minutes, fee decisions, time limitation decisions, and its evaluation of the training provided to the chairs of the house of representatives and senate agriculture or equivalent committees. The review committee shall be composed of five members including: (1) The director; (2) The director of the University of Missouri Extension, or such director's * designee; (3) The president of a statewide corn producers organization who actively grows corn, or such president's * designee; (4) The president of a statewide soybean producers organization who actively grows soybeans, or such president's designee * ; and (5) The president of the state's largest general farm membership organization, or such president's designee * . 4. 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 upon successful completion of approved recertification training or by passing the required private applicator certification examination. 5. On the date of the certified provisional private applicator's eighteenth birthday, such certified provisional private applicator's * license shall and will automatically be converted to a certified private applicator license reflecting the original expiration date from issuance. A certified provisional private applicator's license shall expire five years from date of issuance and may then be renewed as a certified private applicator's license without charge or additional fee. 6. If the director does not qualify the private applicator under this section, the director shall inform the applicant in writing of the reasons therefor. (L. 1974 S.B. 431 § 7, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2005 S.B. 355, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102 *Words "his or her" appear in original rolls of H.B. 476, 2021.

Mo. Rev. Stat. § 281.045 Certified operator license, when required - application, requirements, ...

281.045. Certified operator license, when required — application, requirements, examination — maintenance of records — liability of governmental agencies — display of license — change of address, notice — volunteers, use of pesticides without a license. — 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 the certified public operator has demonstrated the certified public operator's competence to use pesticides for that purpose by being certified by the director in the proper certification category. 3. No certified public operator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures unless such individual is licensed as a noncertified RUP applicator while working under the direct supervision of a certified public operator so authorizing, directing, or instructing, in which case the certified public operator shall be liable for any use of a restricted use pesticide by an individual operating under the certified public operator's direct supervision. 4. Application for a certified public operator license shall be submitted to the director on a designated form obtained from the department. Each application shall include all information prescribed by the director by regulation. 5. 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 the applicant's competence and knowledge of the proper use of pesticides under the classifications for which the applicant has applied, and the applicant's knowledge of the standards prescribed by regulations for the certification of public operators. 6. If the director finds the applicant qualified to use pesticides in the classification for which the applicant 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 the operator's employment. A certified public operator license shall expire three years from the date of issuance unless the license 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. 7. The director may renew any certified public operator license under the classification for which that applicant is licensed upon successful completion of approved recertification training or 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. 8. The director shall require the certified public operator, or the certified public operator's 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 the certified public operator's employer. 9. 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. 10. Every certified public operator shall display the certified public operator's license in a prominent place at the site, location, or office from which the certified public operator will operate as a certified public operator, that place, location, or office being at the address printed on the license. 11. Every certified public operator who changes the address from which the certified public operator 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. 12. Any person who volunteers to work for a public agency may use general use pesticides without a license under the supervision of the public agency on lands owned or managed by the state agency, political subdivision, or governmental agency. (L. 1974 S.B. 431 § 8, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.048 Noncertified RUP applicator license - application, issuance and renewal, ...

281.048. Noncertified RUP applicator license — application, issuance and renewal, fee — authority of licensee, limitation by director, when — notification by licensee of changes — retraining — display of license. — 1. No individual shall use or determine the need for the use of any restricted use pesticide while working under the direct supervision of a certified commercial applicator until the individual has met the requirements of this section. 2. No individual shall use restricted use pesticides while working under the direct supervision of a certified noncommercial applicator or certified public operator until the individual has met the requirements of this section. 3. Application for a noncertified RUP applicator's license shall be submitted to the director on a designated form obtained from the department. Each application shall include such information as prescribed by the director by regulation. 4. The director shall issue or renew a noncertified RUP applicator license once an individual has met the requirements set forth in 40 CFR section 171.201(c)(1) or (3). The director shall collect an annual fee of thirty-five dollars for each noncertified RUP applicator license issued. The license shall be valid for one year unless revoked or suspended by the department prior to its expiration. Any individual whose application is denied shall receive a written explanation as to the determination of the denial. 5. Individuals holding a valid noncertified RUP applicator license may use and determine the need for the use of restricted use pesticides, general use pesticides, and minimum risk pesticides under the direct supervision of a certified commercial applicator and only for the categories in which the commercial applicator is certified. 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. 6. Every certified commercial applicator, certified noncommercial applicator, or certified public operator providing direct supervision to a licensed noncertified RUP applicator shall immediately notify the director when the licensed noncertified RUP applicator has changed address from which the applicator or operator will operate as a licensed noncertified RUP applicator or when the noncertified RUP applicator's employment has been terminated. The director shall immediately issue a revised license upon which shall be printed the change of 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. 7. A noncertified RUP applicator may complete retraining requirements and renew the applicator's license without a certified commercial applicator, certified noncommercial applicator, or certified public operator working from the same physical location. 8. Every licensed noncertified RUP applicator shall display the applicator's license in a prominent place at the site, location, or office from which the applicator will operate as a noncertified RUP applicator, that place, location, or office being at the address printed on the license. (L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.050 Pesticide dealer's license required, fee, qualifications - grounds for ...

281.050. Pesticide dealer's license required, fee, qualifications — grounds for suspension or revocation — restricted use of pesticides, sale or transfer, to whom, exception — records to be kept — change of address, notice of. — 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 the individual has obtained a license from the director that shall expire one year from date of issuance. Each pesticide dealership location or outlet from which restricted use pesticides are distributed, sold, held for sale, or offered for sale at retail or wholesale direct to the end user shall have at least one individual licensed as a pesticide dealer. Any individual possessing restricted use pesticides and selling or holding and offering for sale restricted use pesticides at retail or wholesale from a motor vehicle shall be licensed as a pesticide dealer. For the purposes of this subsection, "selling or holding and offering for sale" shall not include solely transporting product in commerce. No individual shall be issued more than one pesticide dealer license. 2. Application for a pesticide dealer's license shall be made on a designated form obtained from the department. The director shall collect a fee of thirty-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 the applicator's 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 that provides pesticides for its own programs. 3. Each applicant shall satisfy the director as to the applicant's knowledge of the laws and regulations governing the use and sale of pesticides and the applicant's responsibility in carrying on the business of a pesticide dealer by passing a pesticide dealer examination provided by the director. Each licensed pesticide dealer shall be responsible for ensuring that all of the dealer's 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 the dealer 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 commercial applicators, certified noncommercial applicators, certified public operators, or to certified private applicators holding valid certifications in proper certification categories or to other licensed pesticide dealers, except that pesticide dealers may allow the designated representative of such certified 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. 6. The director shall require the pesticide dealer, or the dealer's employer, to maintain books and records with respect to sales of restricted use pesticides at each dealership location or outlet. 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 the dealer's employer. 7. Every licensed pesticide dealer who changes the dealer's 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, A.L. 2019 S.B. 133, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.055 Late renewal of license, penalty, reexamination, when - director to provide ...

281.055. Late renewal of license, penalty, reexamination, when — director to provide guideline book, fee for book. — 1. If the renewal of any license or certification provided for in sections 281.010 to 281.115 is not filed prior to the 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 or certification shall be renewed. Any person holding a current valid license or certification may renew the license or certification 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, the license shall be cancelled and 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 the publication. (L. 1974 S.B. 431 § 10, A.L. 1977 H.B. 665, A.L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.060 Sanctioning of license, when - civil penalty, when, amount, enforcement of.

281.060. Sanctioning of license, when — civil penalty, when, amount, enforcement of. — 1. The director, after inquiry, and after opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license or certification issued under sections 281.010 to 281.115 , if the director finds that the applicant or the holder of a license 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 this state or in any state or protectorate of the United States, or has had a pesticide applicator license or certificate denied, suspended, revoked or modified by any 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 sections 281.010 to 281.115 , 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. Licensed certified applicators, licensed noncertified RUP applicators, licensed pesticide technicians, and licensed pesticide dealers shall notify the department within ten days of any conviction of or plea to any offense listed in this section. 2. If the director determines, after inquiry and opportunity for a hearing, that any person 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, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.061 Inspection with consent of owner of premises - search warrant to issue, ...

281.061. Inspection with consent of owner of premises — search warrant to issue, when — director may bring action to enjoin, when. — 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 1-01-90

Mo. Rev. Stat. § 281.063 Director may subpoena witnesses and documents, when.

281.063. Director may subpoena witnesses and documents, when. — 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 or certificate issued under the provisions of sections 281.010 to 281.115 . (L. 1977 H.B. 665, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.065 Bond or insurance required, amount - deductible clause accepted, when - new ...

281.065. Bond or insurance required, amount — deductible clause accepted, when — new surety, when — liability, effect of chapter on. — 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 pesticide use by 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. Following the receipt of the initial license, the certified commercial applicator shall not be required to furnish evidence of financial responsibility to the department for the purpose of license renewal unless upon request. Annual renewals for surety bonds or liability insurance shall be maintained at the business location from which the certified commercial applicator is licensed. Valid surety bonds or liability insurance certificates shall be available for inspection by the director at a reasonable time during regular business hours or, upon a request in writing, the director shall be furnished a copy of the surety bond or liability insurance certificate within ten days of receipt of the request. 2. The amount of the surety bond or liability insurance required by this section shall be not less than fifty thousand dollars 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 by the surety or insurer within twenty days prior to any cancellation or reduction of the surety bond or liability insurance. If the surety bond or liability insurance policy which provides the financial responsibility for the certified commercial applicator is provided by the employer of the certified commercial applicator, the employer of the certified commercial applicator shall immediately notify the director upon the termination of the employment of the certified commercial applicator or when a condition exists under which the certified commercial applicator is no longer provided bond or insurance coverage by the employer. The certified commercial applicator shall then immediately execute and submit to the director a surety bond or an insurance policy to cover the financial responsibility requirements of this section and the certified commercial applicator or the applicator's employer shall maintain the surety bond or liability insurance certificate at the business location from which the certified commercial applicator is licensed. 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 executes and maintains a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in the bond- or policyholder's application of pesticides. 3. If the surety becomes unsatisfactory, the commercial applicator license shall expire and become invalid and the bond- or policyholder shall immediately execute and submit to the director a new bond or insurance policy and maintain the surety bond or liability insurance certificate at the business location from which the certified commercial applicator is licensed, and if the bond- or policyholder fails to do so, the director shall cancel the bond- or policyholder's license, or deny the license of an applicant, and give the bond- or policyholder 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, A.L. 2015 S.B. 12, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.070 Damage claims to be filed with director, when due - duties of director - ...

281.070. Damage claims to be filed with director, when due — duties of director — failure to file, effect of — investigation or hearing, powers of director. — 1. The director may investigate the use of any pesticide or claims of damages that 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 the person 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 the director shall make the director's 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 the licensee's 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 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 the director: (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 the director in the discharge of the director's duties under sections 281.010 to 281.115 ; (4) Administer or cause to be administered oaths; 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, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.075 Reciprocal licensing authorized, when.

281.075. Reciprocal licensing authorized, when. — The director may issue a pesticide applicator certification on a reciprocal basis with other states without examination to a nonresident who is licensed as a certified applicator in accordance with the reciprocating state's requirements and is a resident of the reciprocating state. A pesticide applicator certification shall be issued in accordance with the provisions of sections 281.010 to 281.115 ; except that, financial responsibility shall be filed pursuant to section 281.065 . Fees collected shall be the same as for resident licenses or certification. (L. 1974 S.B. 431 § 14, A.L. 1977 H.B. 665, A.L. 1978 S.B. 748, A.L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.080 Exemptions.

281.080. Exemptions. — 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 1-01-90

Mo. Rev. Stat. § 281.085 Pesticide containers, regulation of, handling of.

281.085. Pesticide containers, regulation of, handling of. — No person shall discard, transport, or store any pesticide or pesticide containers in such a manner that is inconsistent with label directions or 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, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102

Mo. Rev. Stat. § 281.090 Stop orders, when - effect of.

281.090. Stop orders, when — effect of. — 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)

Mo. Rev. Stat. § 281.095 Appeals, how taken.

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

Mo. Rev. Stat. § 281.100 Instructional courses, how conducted.

281.100. Instructional courses, how conducted. — 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)

Mo. Rev. Stat. § 281.101 Unlawful acts.

281.101. Unlawful acts. — 1. It shall be unlawful for any person 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, cause to use, use, or supervise the use of any pesticide in a manner inconsistent with its labeling required by labeling requirements of FIFRA, the Missouri pesticide use act, or the Missouri pesticide registration act; (2) It shall be unlawful for any person to misuse any pesticide; (3) It shall be unlawful for any person to use or supervise the use of pesticides that are cancelled or suspended; (4) It shall be unlawful for any person not holding a valid certified applicator license in proper certification categories or a valid pesticide dealer license to purchase or acquire restricted use pesticides; (5) 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; (6) 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; (7) It shall be unlawful to make any false, misleading, or fraudulent statement or claim, through any media, that 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; (8) It shall be unlawful to make any false or misleading statement specifying or inferring that a person or the person's methods are recommended by any branch of government or that any pesticide work done will be inspected by any branch of government; (9) 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; and (10) It shall be unlawful for any person to steal or attempt to steal pesticide certification examinations or examination materials, cheat on pesticide certification examinations, evade completion of recertification or retraining requirements, or to aid and/or abet any person * in stealing or attempting to steal examinations or examination materials, cheating on examinations, or evading * recertification or retraining requirements. 3. Other acts that are not specified, but that violate sections 281.010 to 281.115 or regulations issued thereunder, shall nevertheless be unlawful. (L. 1988 H.B. 1384, A.L. 2021 H.B. 476 merged with S.B. 26) Effective 1-01-25, see § 281.102 *...*Words "to steal or attempt to steal examinations or examination materials, cheat on examinations, or evade" appear in original rolls of H.B. 476, 2021.

Mo. Rev. Stat. § 281.102 Delayed effective date.

281.102. Delayed effective date. — The enactment of section 281.048 and the repeal and reenactment of sections 281.015 , 281.020 , 281.025 , 281.030 , 281.035 , 281.037 , 281.038 , 281.040 , 281.045 , 281.050 , 281.055 , 281.060 , 281.063 , 281.065 , 281.070 , 281.075 , 281.085 , and 281.101 of this act shall become effective on January 1, 2025. (L. 2021 H.B. 476 § B and S.B. 26 § B, A.L. 2023 S.B. 138 merged with S.B. 157)

Mo. Rev. Stat. § 281.105 Penalty for violations.

281.105. Penalty for violations. — 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 1-01-90

Mo. Rev. Stat. § 281.110 Authorization to accept federal aid.

281.110. Authorization to accept federal aid. — 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)

Mo. Rev. Stat. § 281.115 Director's rules, ratification of.

281.115. Director's rules, ratification of. — 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)

Mo. Rev. Stat. § 281.116 Inspectors for wood-destroying insects, licenses required.

281.116. Inspectors for wood-destroying insects, licenses required. — 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 . (L. 2001 H.B. 567 § 324.530)

Mo. Rev. Stat. § 281.120 Herbicides, use on crops not labeled for - definitions - civil penalties, ...

281.120. Herbicides, use on crops not labeled for — definitions — civil penalties, when — complaint investigation — rulemaking authority. — 1. As used in this section, the following terms shall mean: (1) "Department" , the department of agriculture; (2) "Field" , agricultural land, including any vegetation thereon, which is operated as part of a farm and which is separated from the rest of the farm by permanent boundaries including, but not limited to, fences, permanent waterways, woodlands, croplines not subject to change due to farming practices, and other similar features; (3) "Herbicide" , any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed; (4) "Labeled" , the same as "label and labeling" is defined under section 281.220 . 2. If the department determines, after inquiry and opportunity for a hearing, that any person has knowingly used, as the term "use" is defined in section 281.020 , a herbicide for a crop for which the herbicide was not labeled for use, which resulted in the herbicide drifting or coming into contact with another person's field, onto another person's personal property, onto another person's real property, or onto another person, which resulted in damage, the department shall have the authority to assess a civil penalty of not more than ten thousand dollars for each violation. If a person has violated the provisions of this subsection in two consecutive years or in two of the last three years, he or she shall be considered a chronic violator, and the department shall have the authority to assess a civil penalty of not more than twenty-five thousand dollars for each violation. 3. During an active complaint investigation, the department may subpoena witnesses and compel the production of records, including but not limited to books, documents, and certification records of any person relating to the person's application of any herbicide to any field. If a person refuses to submit such information, the department may assess a civil penalty of up to five thousand dollars. 4. Any person who is penalized under the provisions of this section shall be liable for any reasonable costs associated with the department's investigation and shall remit such costs to the department, not to exceed the department's actual investigative expenses. 5. Any penalty collected under this section shall be remitted to the school district in which the violation occurred. If a person penalized under this section fails to pay the penalty or comply with a lawful subpoena issued under subsection 3 of this section, the department may apply to the circuit court of Cole County for, and the court is authorized to enter, an order enforcing the assessed penalty. 6. The department, after inquiry and 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 it finds that the applicant or holder of such license, permit, or certification has violated any provision of this section or any regulation issued hereunder. 7. The department may promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010 , that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028 . This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void. (L. 2017 H.B. 662) Effective 3-30-17

Mo. Rev. Stat. § 281.210 Citation of law - administration by director of agriculture.

281.210. Citation of law — administration by director of agriculture. — 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)

Mo. Rev. Stat. § 281.220 Definitions.

281.220. Definitions. — 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) *Word "cannot" appears in original rolls.

Mo. Rev. Stat. § 281.230 Rules and regulations, authority.

281.230. Rules and regulations, authority. — 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 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)

Mo. Rev. Stat. § 281.240 Conditions under which pesticides may be sold, distributed or transported - ...

281.240. Conditions under which pesticides may be sold, distributed or transported — other acts prohibited. — 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)

Mo. Rev. Stat. § 281.250 Exemptions.

281.250. Exemptions. — 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)

Mo. Rev. Stat. § 281.260 Registration of pesticides - renewal - fees - powers of director - ...

281.260. Registration of pesticides — renewal — fees — powers of director — cancellation of registration on notice and hearing — experimental use permit issued when — revocation. — 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 two hundred 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 agriculture protection fund created in section 261.200 to be used solely to administer the pest and pesticide programs of the department of agriculture. The director may deposit up to seven percent of the fee in the pesticide education fund under section 281.265 . If the funding exceeds the reasonable costs to administer the programs as set forth herein, the department of agriculture shall reduce fees for all registrants if the fees derived exceed the reasonable cost of administering the pest and pesticide programs of the department of agriculture. All such registrations shall expire on December thirty-first of any one year, unless sooner cancelled. 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 9 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 fifty 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 or she 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. The fee shall be credited to the agriculture protection fund created under section 261.200 to be used solely to administer the pest and pesticide programs of the department of agriculture. If the funding exceeds the reasonable cost to administer the programs as set forth herein, the department of agriculture shall reduce fees for all registrants if the fees derived exceed the reasonable cost of administering the pest and pesticide programs of the department of agriculture. 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 or she 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 or she determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under sections 281.210 to 281.310 . 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 or she 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 or she 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 cancelled, the director, within ninety days, shall hold a public hearing to determine if the pesticide in question should be registered or cancelled. If, after such hearing, it is determined that the pesticide should not be registered or that its registration should be cancelled, 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 . 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. 12. Notwithstanding any other provision of law to the contrary, the director may allow a reasonable period of time for the retailer to dispose of existing stocks of pesticides after the manufacturer or distributor has ceased to register the product with the state. The method of disposal shall be determined by the director. (L. 1955 p. 26 § 4, A.L. 1959 H.B. 221, A.L. 1982 H.B. 1514 § 263.320, A.L. 2008 S.B. 931, A.L. 2010 S.B. 795, A.L. 2019 S.B. 133)

Mo. Rev. Stat. § 281.265 Pesticide education fund created, use of moneys.

281.265. Pesticide education fund created, use of moneys. — There is hereby created in the state treasury the "Pesticide Education Fund", which shall consist of any moneys or fees appropriated to the fund as well as a portion of any fees collected by the department of agriculture under section 281.260 and deposited by the director that are not otherwise placed in the state treasury to the credit of the agriculture protection fund under section 261.200 . The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180 , the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, moneys in the fund shall be used solely to provide funding for pesticide applicator certification programs, pesticide education programs, and pesticide waste and container disposal programs. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. (L. 2019 S.B. 133)

Mo. Rev. Stat. § 281.270 Inspection, limitations - search warrant may be issued, when - violations, ...

281.270. Inspection, limitations — search warrant may be issued, when — violations, prosecuting attorney's duties. — 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)

Mo. Rev. Stat. § 281.280 Examination of samples - noncompliance with regulations, notice, ...

281.280. Examination of samples — noncompliance with regulations, notice, opportunity to present views — violation, director's powers and duties. — 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)

Mo. Rev. Stat. § 281.290 Cooperation and agreements with agencies, states, political subdivisions ...

281.290. Cooperation and agreements with agencies, states, political subdivisions and the United States, authorized. — 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)

Mo. Rev. Stat. § 281.300 Seizure and condemnation of unlawful pesticides - director's powers and duties.

281.300. Seizure and condemnation of unlawful pesticides — director's powers and duties. — 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)

Mo. Rev. Stat. § 281.310 Penalties for violations.

281.310. Penalties for violations. — 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)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://revisor.mo.gov/main/OneChapter.aspx?chapter=281Fetched: 10/17/2026