Licensing pesticide dealers

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333 CMR 333 CMR 9.00: 9.00: LICENSING PESTICIDE LICENSING PESTICIDE DEALERS DEALERS

Section Section

9.01: 9.01: Purpose Purpose 9.02: 9.02: Definitions Definitions 9.03: 9.03: License Requirements License Requirements 9.04: 9.04: General Provisions General Provisions 9.05: 9.05: Procedures for Procedures for Licensing Licensing Pesticide Pesticide Dealers Dealers 9.06: 9.06: License Documents License Documents 9.07: 9.07: Modification, Suspension, and Modification, Suspension, and Revocation Revocation 9.08: 9.08: Record Keeping Record Keeping Requirements Requirements 9.09: 9.09: Rights of Rights of Appeal Appeal 99.10: Penalties Penalties

9.01: Purpose 9.01: Purpose

The purpose The of 333 purpose of 333 CMR CMR 99.00 isis to to establish establish the the standards, standards, requirements, and procedures requirements, and for procedures for the licensing the licensing of of pesticide pesticide dealers. dealers.

9.02: Definitions 9.02: Definitions

For the For the purposes of 333 purposes of 333 CMR CMR 9.00, 9.00, the the definitions definitions set set forth forth in in 333 333 CMR CMR 2.00: General 2.00: General Information and in Information and in 333 333 CMR CMR 9.02 9.02 apply, apply, unless unless the the context context or or subject subject matter matter requires requires aa different different interpretation. interpretation.

Contamination and Contamination and Pollution Pollution means means the the presence presence in in the the environment environment (air, (air, land, land, water or food) water or food) of one of one or or more more pesticides, degradation products pesticides, degradation of pesticides products of or formulation pesticides or formulation constituents constituents or or combinations thereof combinations thereof in in such such concentration concentration and and of of such such duration duration as as to to cause cause anan unreasonable unreasonable adverse effect adverse effect on on the the environment environment as as determined determined by the Department. by the Department.

Damage and Damage and Injury Injury means means to to cause cause an an unreasonable unreasonable adverse adverse effect effect on on the the environment. environment.

9.03: License 9.03: License Requirements Requirements

No person No shall distribute person shall distribute pesticides classified by pesticides classified the Subcommittee by the Subcommittee as as being being for for restricted restricted or state or state limited limited use use unless unless that that person person isis in in possession possession ofof aa current current valid valid license license issued issued by the by the Department. At Department. At least least one one licensee licensee shall shall be be required required for for each each location location oror outlet outlet from from which which restricted or state restricted or state limited limited use use pesticides pesticides areare distributed. distributed. Each Each salesperson salesperson operating operating outside outside of of the outlet, and each direct sales representative of an out-of-state distributor, must be licensed the outlet, and each direct sales representative of an out-of-state distributor, must be licensed separately. The separately. The Department Department shall shall grant grant pesticide pesticide dealer dealer licenses licenses subject subject to to such such terms, terms, conditions, conditions, restrictions and provisions restrictions and as it provisions as it deems deems necessary necessary oror appropriate. appropriate.

9.04: General 9.04: General Provisions Provisions

(1) No (1) No person shall distribute person shall distribute aa pesticide pesticide that that is is not not registered registered by by the the Subcommittee. Subcommittee. ThisThis prohibition shall prohibition shall not not apply: apply: (a) To (a) To transfer of aa pesticide transfer of pesticide from from one one plant plant or or warehouse warehouse toto another another plant or warehouse plant or warehouse and and used solely used solely at at such such plant or warehouse plant or warehouse as as aa constituent constituent part part to to make make aa pesticide which is pesticide which is or or will be will be registered. registered. (b) To (b) To the the use use of of aa pesticide pesticide consistent consistent with with thethe terms terms of of an an experimental experimental use use permit. permit.

(2) No (2) No person possessing aa pesticide person possessing dealer license pesticide dealer license shall shall violate violate or or allow allow to to be be violated violated any any term, condition, term, condition, restriction restriction or or provision provision of of said said license. license.

(3) The (3) The Department Department may refuse to may refuse to grant grant or or re-issue re-issue aa pesticide pesticide dealer’s dealer's license license if if it it finds finds that that the proposed the proposed distributor distributor or or its its agent agent has has acted acted in in aa manner inconsistent with manner inconsistent with the the purposes purposes oror requirements of requirements of the the Massachusetts Massachusetts Pesticide Pesticide Control Control Act Act or or FIFRA. FIFRA. Any Any person aggrieved by person aggrieved by aa determination by determination by the the Department Department toto deny deny aa license license shall shall be be provided notice and provided notice and an an opportunity opportunity for aa hearing for hearing pursuant pursuant to to the the procedures set forth procedures set forth in in 333 333 CMR CMR 9.00. 9.00.

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(4) No (4) No person distribute aa pesticide shall distribute person shall pesticide classified classified byby the the Department Department as as being being for for restricted restricted or state or state limited limited use use to to aa person person not not appropriately appropriately certified certified to to use use that that pesticide. pesticide. This This prohibition prohibition shall not shall not apply apply to to the the distribution of aa pesticide distribution of to aa competent pesticide to competent individual individual acting acting under under the the direct direct supervision of supervision of an an individual individual appropriately appropriately certified certified to to use use that that pesticide. pesticide.

(5) No (5) No person distribute aa pesticide shall distribute person shall that is pesticide that is adulterated, adulterated, misbranded, misbranded, or or deteriorated deteriorated in in content. content.

(6) No (6) No person shall distribute person shall distribute any any pesticide pesticide unless unless itit is is in in the the registrant’s registrant's or or the the producer’s producer's container which container which has has not not been been damaged, damaged, opened, opened, or or deteriorated, deteriorated, oror is is unsafe unsafe due due to to design. design. This This prohibition shall prohibition shall not not apply apply to to the the repackaging of pesticides repackaging of pesticides because because of of damage damage inin transit transit so so long long as the as the repackaging repackaging results results in in safe safe and and sound sound packaging. packaging. These These prohibitions prohibitions shall shall not not preclude preclude distribution of distribution of undamaged, undamaged, unopened, and undeteriorated unopened, and undeteriorated individually individually labeled labeled containers containers from from shipping containers, shipping containers, or or containers containers from from which which an an official official state state or or federal federal agency agency sample sample has has been been taken in taken in carrying carrying out out the the responsibilities responsibilities of of their their laws. laws.

(7) No (7) No person person shall shall distribute distribute any any pesticide that does pesticide that does not not conform conform to to any any requirement of its requirement of its registration or permit. registration or permit.

(8) No (8) No person shall detach, person shall detach, alter, alter, deface deface or or destroy, destroy, wholly wholly or or in in any any part, any label part, any label or or labeling labeling provided for provided for the the Massachusetts Massachusetts Pesticide Pesticide Control Control Act, Act, or or FIFRA, FIFRA, oror in in rules rules and and regulations regulations adopted under adopted under either. either.

(9) No (9) No person shall add person shall add any any substance substance to to or or take take any any substance substance from from aa pesticide in aa manner pesticide in manner that that may defeat may defeat the the purpose purpose ofof the the Massachusetts Massachusetts Pesticide Pesticide Control Control Act, Act, FIFRA, FIFRA, oror the the regulations regulations adopted under adopted under either. either.

(10) No (10) No person shall distribute, person shall distribute, handle, dispose of, handle, dispose of, discard discard or or store store any any pesticide or pesticide pesticide or pesticide container in container in such such aa manner, manner, asas determined determined by by the the Department, Department, as as to to cause cause or or which which is is likely likely to to cause injury cause injury to to humans, humans, vegetation, vegetation, crops, livestock, wildlife, crops, livestock, wildlife, or or beneficial beneficial insects, to cause insects, to cause damage to damage to the the environment environment oror to to pollute pollute any any water water supply, supply, waterway, groundwater or waterway, groundwater or waterbody. waterbody.

(11) Pesticide (11) Pesticide dealers dealers displaying displaying restricted restricted or or state state limited limited use use pesticides pesticides shall shall display display such such pesticides in pesticides in an an area area separate separate from from general general use use pesticides. pesticides.

(12) Pesticide (12) Pesticide dealers dealers displaying displaying restricted restricted or or state state limited limited use use pesticides pesticides shall post aa sign shall post sign bearing the bearing the statement statement “for "for sale sale to to certified certified applicators applicators only”, only", at at the the display display in in aa prominent prominent position. The position. The statement statement shall shall be be in in letter letter at at least least one one inch inch high. high.

(13) No (13) No pesticide pesticide may may be be distributed distributed if if part part or or all all the the label label is is missing, missing, unreadable unreadable or or otherwise otherwise damaged beyond damaged beyond recognition. recognition.

14) In 14) In the the application application of of 333 333 CMR CMR 99.00, each each pesticide dealer shall pesticide dealer shall be be responsible responsible for for the the acts acts of those of those people in their people in their employ. employ.

Procedures for 9.05: Procedures 9.05: for Licensing Licensing Pesticide Pesticide Dealers Dealers

(1) Applicants. (1) Applicants. Any Any individual seeking aa dealer’s individual seeking dealer's license license must must be be at at least least 18 18 years years of of age age as as of of the date the date of of the the examination. examination.

(2) Examination. (2) Examination. No No person person shall shall be be granted granted aa pesticide pesticide dealer’s dealer's license license unless unless they they shall shall have have satisfactorily passed satisfactorily passed aa written written and, and, in in addition, addition, if if necessary, necessary, an an oral oral examination examination to to determine determine their knowledge their knowledge of of the the following: following: pesticide labels; state pesticide labels; state and and federal federal laws laws governing governing thethe sale, sale, storage and storage and distribution distribution of of restricted restricted and and state state limited limited use use pesticides; effectiveness of pesticides; effectiveness of pesticides; pesticides; classifications of classifications of pesticides; related dangers pesticides; related dangers andand necessary necessary precautions precautions forfor the the handling handling of of pesticides; and disposal pesticides; and disposal ofof pesticides. pesticides. However, However, the the examination examination requirement requirement shall shall not not apply apply to to aa manufacturer, manufacturer, registrant registrant oror distributor distributor who who has has no no fixed fixed distribution distribution center center oror sales sales representative within representative within the the Commonwealth Commonwealth but but who who wishes wishes to to distribute distribute restricted or state restricted or state limited limited

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use pesticides use pesticides directly directly to to certified certified applicators. applicators. In lieu of In lieu of an an examination, examination, such such applicants applicants shall shall submit aa form submit form attesting attesting to to knowledge knowledge of of Massachusetts Massachusetts and and federal federal lawslaws governing governing distribution distribution and agreeing and agreeing to to be be bound bound by by Massachusetts Massachusetts laws; laws; shall shall submit submit evidence evidence of of being being licensed licensed by by the the pesticide control pesticide control agency agency of of their their state; state; and and shall shall complete complete all all requirements requirements of of thethe Department Department relative to relative to licensing, licensing, including including payment payment of of appropriate appropriate fees, with the fees, with the exception exception of of taking taking the the examination. The examination. The Department Department may may waive waive all all or or part part ofof the the examination examination requirement requirement upon upon receipt receipt of evidence of evidence fromfrom the the applicant applicant of of having having successfully successfully passed passed aa comparable comparable examination examination in in another jurisdiction. another jurisdiction. (a) Application (a) Application for for Examination. Examination. Application Application shall shall bebe made made on on forms forms supplied supplied by by the the Department and Department and shall shall contain contain such such information information as as the the Department Department requires. requires. The The application application shall be shall be filed filed in in aa manner manner determined determined by by thethe Department. Department. The The required required dealer’s dealer's license license application fee application fee shall shall accompany accompany the the application. application. Applications Applications must must be be received received by by the the Department five Department five business business days days prior prior to to the the test test date. date. No No oneone will will bebe allowed allowed to to take take the the examination if examination if their their application application and and fee fee are are received received after after the the applicable applicable cutoff cutoff datedate unless unless this requirement this requirement is is waived waived by by the the Department. Department. Late Late or or incomplete incomplete applications applications will will bebe returned returned to to the the applicant. applicant. (b) Examination (b) Examination Fee. Fee. A fee shall A fee shall bebe charged charged for for each each core, core, class, class, category category or or subcategory subcategory examination. The examination. The feefee shall shall be be paid paid in in aa manner manner determined determined by by the the Department Department to to the the Commonwealth of Commonwealth of Massachusetts. Massachusetts. (c) Examination (c) Examination Rules. Rules. The The following following examination examination rules will prevail, rules will and violation prevail, and violation of of any any part will part will be be considered considered groundsgrounds forfor disqualification disqualification of of the the applicant: applicant: 1. Time 1. Time allowed allowed for for examinations examinations will will be be set set forth forth inin the the instructions instructions to to examinees; examinees; 2. The 2. The copying copying of of questions questions or or the the making making of of notes notes relative relative thereto thereto is is prohibited; prohibited; 3. No 3. No applicant applicant shall shall be be permitted permitted to to remove remove from from thethe examination examination room room copies copies of of the the examination prior examination prior to to or or after after the the examination; examination; 4. Examinees 4. Examinees shall shall not not leave leave the the examination examination room room for for any any reason until they reason until they have have turned turned in the in the complete complete examination examination paperspapers to to the the proctor proctor conducting conducting the the examination; examination; Exams shall 5. Exams 5. shall bebe closed closed book; book; the the use use of of books books or or notes notes will will not not be be allowed; allowed; and and Additional rules 6. Additional 6. the Department rules the Department deems deems necessary necessary will will prevail. prevail. (d) Notification (d) Notification of of Results. Results. Results Results of of the the examination examination shall shall be be provided provided to to the the applicant applicant within aa reasonable within reasonable time. time. (e) Re-examination. (e) Re-examination. After After aa failed failed examination, examination, an an applicant applicant may may file file an an application application for for the the next available next available datedate forfor re-examination re-examination with with the the appropriate appropriate fee. fee. An An applicant applicant who who fails fails the the exam twice exam twice mustmust waitwait three three months months before before applying applying again again forfor that that exam. exam. If If an an exam exam candidate fails candidate fails any any exam exam three three times, times, thethe candidate candidate will will bebe required required to to wait wait oneone year year before before applying for applying for it it again. again. (f) Examination (f) Examination Not Not to to Be Be Returned. Returned. The The examination examination papers written by papers written by the the applicant applicant will will not be not be returned returned to to the the applicant applicant butbut will will be be available available for for review review at at the the offices offices of of the the Department. Department.

(3) Licensing. (3) Licensing. (a) Application (a) Application for for Certification Certification or or License. License. An An applicant applicant who who hashas been been notified notified of of passing passing the examination the examination must must file file an an application application forfor certification certification or or licensing licensing within within one one year year ofof the the date of date of notification. notification. TheThe application application shall shall bebe made made on on forms forms supplied supplied by by the the Department, Department, shall contain shall contain such such information information as as the the Department Department shall shall require and shall require and shall be be accompanied accompanied by by the appropriate the appropriate certification certification or or license license fee. fee. If If an an application application is is not not made made within within the the specified specified time period, time the applicant period, the applicant shall shall be be required required to to file file aa new new application application for for examination, examination, pay the pay the prescribed fee prescribed fee and and satisfactorily satisfactorily pass the examination, pass the examination, prior prior to to being being certified certified or or licensed. licensed. The time The time limit limit may may be be waived waived by by the the Department Department for for good good cause. cause. (b) Fee. (b) Fee. AA fee fee shall shall be be paid prior to paid prior to the the issuance issuance of of each each initial initial license license document document at at the the time time of each annual renewal. Fees shall be paid in a manner determined by the Department to the of each annual renewal. Fees shall be paid in a manner determined by the Department to the Commonwealth of Commonwealth of Massachusetts. Massachusetts.

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(c) Duration (c) Duration of of License. License. An An initial initial license license shall shall bebe valid valid for for aa period beginning with period beginning with the the st actual date actual date of of issuance issuance and and ending ending on on March March 11 unless st unless it it has has been been modified, modified, revoked revoked or or suspended prior suspended prior thereto thereto by by the the Department. Department. Thereafter, Thereafter, the the license license year year will will extend extend from from March to March to February February 28 28thth or 291th\, and or 29 and each each license license must must be be renewed renewed annually annually by March 1! st81.. In by March In the event the event that that an an individual individual files files with with the the Department Department an an application application to to renew renew aa license license which which is in is in effect effect onon the the date date of of an an application application for for renewal renewal and and pays pays thethe appropriate appropriate fee fee therewith, therewith, such license such license shall shall bebe deemed deemed to to bebe in in effect effect until until the the earlier earlier of of the the following following two two events events shall shall occur: 90 occur: 90 days days have have elapsed elapsed afterafter the the certification certification or or license license waswas scheduled scheduled to to expire; expire; oror the the Department notifies Department notifies the the applicant applicant thatthat the the license license hashas been been renewed, modified or renewed, modified or denied. denied. (d) Restrictions (d) Restrictions on on License. License. Any Any license license maymay atat any any time time be be further further limited limited or or restricted restricted as as the Department the Department deems deems necessary. necessary. (e) Renewal (e) Renewal of of License. License. Notification Notification for for the the renewal renewal of of aa license license will will be be sent sent to to holders holders at at least 30 least 30 days days prior prior toto the the due due date. date. Licenses Licenses may may be be renewed renewed annually annually for for up up to to three three years years without re-examinations without re-examinations or or retraining retraining provided: provided: 1. The 1. The conditions conditions under under which which the the original original license license was was issued issued have have not not changed, changed, and and thethe certification or certification or license license has has notnot been been allowed allowed to to lapse, lapse, unless unless the the lapse lapse has has been been waived waived by the by the Department Department for for good good cause. cause. 2. The 2. The Department Department may, may, at at any any time, time, require require additional additional instruction instruction or or examination examination as as it deems it deems necessary necessary to to meet meet changed changed conditions conditions or or toto protect protect human human health health or or thethe environment. environment. f) Retraining Retraining Requirements. Requirements. All All licensed licensed dealers dealers mustmust obtain obtain three three contact contact hours, hours, which which will be will be required required within within aa three three yearyear period period for for re-licensure re-licensure by by attendance attendance at at Department-approved training Department-approved training programs. programs. A A contact contact hourhour will will equal equal 5050 consecutive consecutive minutes minutes of training. of training. Failure Failure to to meet meet thethe retraining requirements will retraining requirements will result in having result in having to to retake retake the the exam. A exam. A training training willwill qualify qualify for for aa contact contact hourhour if if it it meets meets one one ofof the the following following criteria: criteria: 1. Ensure 1. Ensure thatthat they they continue continue to to understand understand the the changing changing technology technology covering covering usesuses forfor products which they products which they distribute; distribute; 2. Ensure 2. Ensure that that they maintain aa continuing they maintain continuing level level of of competence competence and and ability ability toto useuse pesticides safely and pesticides safely and properly; properly; and and 3. Ensure 3. Ensure that that they they are are familiar familiar with with changes changes in in state state and and federal federal law. law.

(4) Continuing (4) Continuing Education Education Provider Provider Standards. Standards. (a) Learner (a) Learner Objectives. Objectives. Objectives Objectives shall shall be be written written and and be be the the basis basis for for determining determining content, content, learning experience, learning experience, teaching teaching methodologies, methodologies, and and evaluation. evaluation. (b) Subject (b) Subject Matter. Matter. Appropriate Appropriate subject subject matter matter for for continuing continuing education education purposes shall purposes shall include, but include, but not not be be limited limited to, to, one one oror more more of of the the following: following: 1. Applicable 1. Applicable State State and and Federal Federal Laws Laws andand Regulations; Regulations; 2. Integrated 2. Integrated Pest Pest Management; Management; 3. Non-chemical 3. Non-chemical Alternatives; Alternatives; 4. Groundwater 4. Groundwater Protection; Protection; 5. Endangered 5. Endangered Species; Species; 6. Worker 6. Worker Protection; Protection; Pesticide Impact 7. Pesticide 7. Impact on on Human Human Health; Health; Pesticide Label 8. Pesticide 8. Label and and Labeling Labeling Comprehension; Comprehension; Acute and 9. Acute 9. and Chronic Chronic Toxicity; Toxicity; 10. Biological 10. Biological Control. Control. (c) Employees’ (c) Employees' orientation orientation or or in-service in-service presentations presentations concerning concerning standard standard operating operating procedures specific to procedures specific to the the employing employing agency agency shall shall not not be be accepted accepted forfor continuing continuing education education purposes. purposes. (d) Subject (d) Subject matter matter shall shall be be described described in in outline outline form form and and shall shall include include learner learner objectives, objectives, content, time allotment, teaching methods, faculty and evaluation format. content, time allotment, teaching methods, faculty and evaluation format. (e) Methods (e) Methods of of Obtaining Obtaining Contact Contact Hours. Hours. Workshops, lectures and Workshops, lectures and seminars seminars are are acceptable acceptable for obtaining for obtaining continuing continuing education education contact contact hours. hours. Continuing Continuing education education contact contact hours hours may may also be also be obtained obtained from from an an academic academic institution, institution, self-study self-study oror correspondence correspondence coursecourse for for teaching and/or teaching and/or public activities provided public activities provided the the following following standards standards areare adhered adhered to: to: 1. Academic 1. Academic Course. Course. TheThe course course must must bebe within within the the framework framework of of aa curriculum curriculum that that leads to leads to an an academic academic degree degree inin entomology, entomology, botany, botany, plant plant pathology, agriculture, pest pathology, agriculture, pest control, toxicology, control, toxicology, or or public health, or public health, or is is relevant relevant to to pesticide use, or pesticide use, or any any course course within within that curriculum that curriculum thatthat is is necessary necessary to to an an individual’s individual's professional growth and professional growth and development. development.

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2. Self-study 2. Self-study or or Correspondence Correspondence Course.Course. TheThe course course should: should: a. Be a. Be developed developed by by aa professional professional group group such such as as an an educational educational corporation corporation or or professional association; professional association; b. Follow b. Follow logical logical sequence; sequence; c. Involve c. Involve the the learner learner by by requiring requiring active active response response to to module module materials materials andand providing feedback; providing feedback; Contain aa test d. Contain d. test to to indicate indicate progress progress andand verify completion of verify completion of module; module; andand Supply aa bibliography e. Supply e. bibliography for for continued continued study. study. 3. Teaching 3. Teaching or or Publication. Publication. Continuing Continuing education education hourshours maymay be be earned earned by teaching aa by teaching particular course, particular course, seminar seminar series, series, or or workshop workshop for for the the first first time, time, delivering delivering aa paper or paper or lecture, or lecture, or publishing publishing an an article article or or book book inin pesticide pesticide use.use. AsAs provided above, aa course, provided above, course, seminar, or seminar, or book book maymay be be considered considered the the equivalent equivalent of of up up toto nine nine continuing continuing education education hours; hours; aa published published article article may may be be considered considered thethe equivalent equivalent of of up up to to five five hours; and aa hours; and lecture or lecture or paper paper maymay bebe considered considered the the equivalent equivalent of of up up toto three three hours. hours. 4. Education 4. Education Methods. Methods. a. Learning a. Learning experiences experiences and and teaching teaching methods methods shouldshould be be appropriate appropriate toto achieve achieve thethe objectives of objectives of the the program. program. Principles of b. Principles b. of adult adult education education should should be be used used in in the the design design of of the the program. program. c. Time c. Time allotted allotted forfor each each activity activity should should be be sufficient sufficient for for the the learner learner to to meet meet the the objectives of objectives of the the program. program. 5. Faculty 5. Faculty Qualifications. Qualifications. Faculty Faculty should should possess possess knowledge knowledge of of the the principles principles of of adult adult education and education and should should provide documentation to provide documentation to the the provider/learner provider/learner illustrating illustrating competency in competency in the the content content ofof the the planned learning experience. planned learning experience. 6. Evaluation. 6. Evaluation. a. Provision a. Provision mustmust bebe made made forfor evaluating evaluating thethe participant’s participant's attainment attainment ofof the the stated stated learner objectives/outcomes. learner objectives/outcomes. b. b. Participants must Participants must be be given given the the opportunity opportunity to to evaluate evaluate faculty, faculty, learning learning experiences, instructional experiences, instructional methods, methods, facilities facilities and and educational educational resources resources used used for for the the offerings/programs. offerings/programs. 7. Specific 7. Specific Conditions Conditions Regarding Regarding Continuing Continuing Education Education Requirement. Requirement. Certificate Certificate holders taking holders taking courses courses forfor the the purpose purpose of of obtaining obtaining aa baccalaureate baccalaureate or or higher higher degree degree in in the biological the biological sciences sciences will will bebe considered considered to to have have met met the the continuing continuing education education requirements specified requirements specified in in 333 333 CMR CMR 9.05 9.05 provided provided such such courses courses equal equal atat least least the the required number of required number of hours. hours. Other Other academic academic degree degree programs programs may may qualify qualify at at the the discretion discretion of the of the Department. Department. Individuals Individuals mustmust maintain maintain transcripts transcripts of of courses courses and and hours hours forfor aa period of period of three three years years following following license license renewal renewal forfor purposes purposes of of verification. verification.

9.06: License Documents 9.06: License Documents

The Department The Department shall shall issue issue license license documents documents only only after after the the applicant applicant has has successfully successfully complied with complied with the the procedure procedure set set forth forth in in 333 333 CMR CMR 9.05. 9.05. The The license license documents documents shall shall include, include, at least, at least, the the following following information: name; address; information: name; address; license license number; number; any any limitations limitations or or restrictions; restrictions; the Departmental the Departmental validation; and the validation; and the applicant’s applicant's signature. signature. The The document document shall shall be be available available at at the point the point of of distribution. distribution.

9.07: Modification, Suspension, 9.07: Modification, Suspension, and and Revocation Revocation

The Department The Department may may suspend suspend any any license, license, pending pending aa preliminary inquiry, for preliminary inquiry, for no no longer longer than than ten days, ten days, and and after after affording affording the the license license holder holder notice notice and and an an opportunity opportunity for for aa hearing; hearing; and and may may revoke or revoke or modify modify the the provisions provisions of of any any license, license, if if it it finds: finds:

1) The 1) The terms, terms, conditions conditions or or restrictions restrictions thereof thereof are are being being violated violated or or are are inadequate inadequate to to avoid avoid unreasonable adverse unreasonable adverse effects effects on on human human health health or or the the environment; environment;

(2) The (2) The license license holder holder has made aa false has made false or or misleading misleading statement statement in in the the application; application; or or

(3) The (3) The license license holder holder has has violated violated any any provision provision of of the the Massachusetts Massachusetts Pesticide Pesticide Control Control Act, Act, FIFRA, or FIFRA, or any any regulations, standards, orders regulations, standards, orders or or licenses licenses issued issued under under either. either.

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9.08: Record 9.08: Record Keeping Keeping Requirements Requirements

(1) Licensed (1) Licensed dealers, dealers, or or their their employers, employers, are are required required to to keep keep true true and and accurate accurate records records containing the containing the following following information information on on each each distribution distribution of of aa restricted restricted oror state state limited limited use use pesticide: pesticide: (a) Name (a) Name and and address address of of the the residence residence oror principal principal place place ofof business business of of the the person person toto whom whom the restricted the restricted use use pesticide pesticide waswas distributed, distributed, oror if if applicable, applicable, thethe name name andand address address ofof the the residence or residence or principal principal place place ofof business business of of each each noncertified noncertified person person toto whom whom thethe restricted restricted use pesticide use pesticide was was distributed distributed forfor application application byby aa certified certified applicator; applicator; (b) License (b) License information information of of the the person who has person who has purchased purchased the the restricted use pesticides restricted use which pesticides which shall include, shall include, but but not not be be limited limited to: to: 1. License 1. License number number andand category category inin which which thethe individual individual is is certified; and certified; and 2. Expiration 2. Expiration date date of of the the certified certified applicator’s applicator's certification; certification; (c) The (c) The product product name name andand EPA EPA registration registration number number of of the the restricted restricted use use pesticide(s) pesticide(s) distributed, including distributed, including any any applicable applicable emergency emergency exemption exemption or or state state special special local local need need registration number; registration number; The quantity (d) The (d) quantity of of the the restricted restricted use use pesticide(s) distributed; pesticide(s) distributed; (e) The (e) The date date of of purchase; purchase; The signature f) The signature of of the the purchaser purchaser and and their their agent; agent; andand Other information (g) Other (g) information as as deemed deemed necessary necessary byby the the Department. Department.

(2) Records (2) Records required by 333 required by 333 CMR CMR 9.08(1) 9.08(1) shall shall be be maintained maintained for for aa period five years period five years and and shall shall be made be made promptly available to promptly available to appropriate appropriate Department Department officials officials upon upon aa reasonable demand. reasonable demand.

Annual reports (3) Annual (3) and records reports and records may may be be required as deemed required as deemed necessary necessary by by the the Department. Department.

9.09: Rights 9.09: Rights of of Appeal Appeal

Any person aggrieved Any person aggrieved by by aa Department Department determination determination to to issue, deny, suspend, issue, deny, suspend, revoke or revoke or modify any license modify any license may may request within 21 request within 21 days days an an adjudicatory adjudicatory hearing hearing before before the the Board Board as as provided for provided for in in M.G.L. M.G.L. c. c. 132B, 132B, §§ 13. 13.

Penalties 99.10: Penalties

Any person who Any person who violates violates any any provision provision of of 333 333 CMR CMR 9.00 9.00 shall shall be be subject subject to to the the criminal criminal and and civil penalties civil penalties set set forth forth in in M.G.L. M.G.L. c. c. 132B, 132B, §§ 14. 14.

REGULATORY AUTHORITY REGULATORY AUTHORITY

333 CMR 333 CMR 9.00: 9.00: M.G.L. M.G.L. c. c. 132B, §§ 66 and 132B, §§ and 9. 9.

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