(1) It is unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.
(2) Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner.
(3) This section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.
(4) The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.
(5) Licenses for pesticide dealers will expire on December 31 of each year and must be renewed annually.
(6) The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder. The regulatory action authorized in this subsection shall be governed by Sections 69-25-51 through 69-25-63.
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