Section 0080-09-03-.04 - PESTICIDE DEALERS(1) A pesticide dealer license is required per person per location where restricted use pesticides are sold or offered for sale within the state. The fee for a pesticide dealer license is a Tier 2 annual fee under T.C.A. § 43-1-703(f). Pesticide dealer licenses expire on June 30 following their issuance. Applicants for renewal shall submit the appropriate annual fee to the department on or before July 1 of each year. If an applicant for renewal fails to pay the annual fee by the following July 16, the applicant shall also be required to pay a late charge under T.C.A. § 43-1-703 prior to renewal of the license.(2) Application for a pesticide dealer license shall be made on forms provided by the department, which shall be completed in full and may include: (a) Name of the applicant;(b) Date of birth of any applicant who is an individual or a partner in a general partnership;(c) Proof of one of the following for any applicant who is not an individual or a partner in a general partnership: 1. Entity registration in its state of incorporation; or,2. Entity's business license issued by a local governmental authority;(d) Contact information for applicant, to include name of person legally responsible for applicant's operations, telephone number, email address, and address of the principal place of business;(e) Address of location where restricted use pesticides are offered for sale;(f) Proof of current Pesticide Dealer (C12) certification for at least one person employed by applicant; and,(g) Other information as required by the department or the Act.(3) Applicants shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.(4) Pesticide dealers must employ, per licensed location, at least one person who holds a Pesticide Dealer (C12) certification. (a) Individual salespersons at a licensed location do not need individual C12 certification; however, the C12 certification holder and the dealer licensee shall be responsible for all sales of restricted use pesticides at the location and any associated violations of the Act or this chapter.(b) Pesticide dealers shall maintain the following records of restricted use pesticide sales for two years from the date of sale: name and certification number of the purchaser; name, EPA registration number, and amount of pesticide purchased; expiration date of the purchaser's certification; and date of sale.(5) The department may deny any application for a pesticide dealer license that is not completed in accordance with this rule.Tenn. Comp. R. & Regs. 0080-09-03-.04
New rules filed September 27, 2021; effective 12/26/2021.Authority: T.C.A. §§ 4-3-203, 43-8-106, and 43-8-113.