Idaho State Statutes - Idaho Attorney Directory

No person shall act as a pesticide dealer
without first obtaining a pesticide dealer's license issued by the department.
(1) Licensing:
(a) Application for a pesticide dealer's license shall be on a form
prescribed by the department and shall be accompanied by a fee as
prescribed by rule; and
(b) an applicant who sells restricted-use pesticides must pass the
department's examination and obtain a professional applicator's license in
order to demonstrate his knowledge of how to use and handle pesticides in
areas relevant to the operation he intends to undertake; and
(c) such application shall be due as prescribed by rule; and
(d) a license shall be required for each location, outlet, or warehouse
from which such pesticides are distributed; and
(e) for an applicant selling restricted-use pesticides an examination fee
will be charged as prescribed by rule and an additional examination fee of
five dollars ($5.00) shall be charged when an exam is requested at other
than a regularly scheduled examination date.
(2) Records and Reports:
(a) Restricted-use pesticides or devices: The director shall require a
pesticide dealer to keep accurate sale and distribution records of
restricted-use pesticides or devices as prescribed by rule;
(i) The director may also require a pesticide dealer to maintain
other records and furnish reports for restricted-use pesticides or
devices he determines necessary to implement the provisions of this
act; and
(ii) Records shall be maintained for three (3) years and be
available for inspection and reproduction by the director at all
reasonable times; and
(iii) The dealer shall be required to post total sales of each
restricted-use pesticide by county and shall not include detailed
customer sales records or customer invoice records. This report shall
be furnished to the director no more than two (2) times per year as
prescribed by rule.
(b) General use pesticides: The director shall require a pesticide dealer
to keep accurate sale and distribution records as prescribed by rule of
general use pesticides except those exempted in subsection (4) of this
section.
(i) Records shall be maintained for three (3) years and be
available for inspection and reproduction by the director at all
reasonable times; and
(ii) The dealer shall be required to report total sales of each
general use pesticide by county and shall not include detailed
customer sales records or customer invoice records. This report shall
be furnished to the director no more than two (2) times per year as
prescribed by rule; and
(iii) The director may require dealers to furnish other reports of
these records in the case of emergency as provided by rule.
(3) Pesticide dealers shall sell restricted-use pesticides (RUP) only to
licensed professional and private applicators, and dealers; however, pesticide
dealers may sell an RUP to an unlicensed person provided the application of
the RUP is made by a licensed professional applicator or licensed private
applicator.
(4) Exemptions:
(a) A manufacturer's representative or wholesale distributor shall be
exempt from subsection (1) of this section provided such representative or
distributor does not have a warehouse in Idaho that pesticides are sold,
stored or distributed from; and
(b) federal, state and other governmental agencies are exempt from the
examination and licensing fees of this section; and
(c) the director may exempt a pesticide from the provisions of subsection
(1) or (2) of this section by rule if it is determined that licensing or
recordkeeping is not necessary for selling the pesticide.
(5) A user of a pesticide, without obtaining a pesticide dealer's
license, may for the exclusive purpose of keeping it from becoming a waste,
distribute a properly labeled pesticide to another user who is legally
entitled to use that pesticide.

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