1998 Regular Session
By: Senator(s) Thames, Stogner, Harvey
Senate Bill 2438
(As Passed the Senate)
AN ACT TO AMEND SECTION 69-21-7, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT AERIAL APPLICATOR APPLICANTS REGISTER WITH THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-21-7, Mississippi Code of 1972, is amended as follows:
69-21-7. (1) No person, firm or corporation shall engage in the application of hormone-type herbicides by aircraft within this state at any time without a license issued by the commissioner through his agent, the State Entomologist. Application for a license shall be made to the commissioner through his agent, the State Entomologist at Mississippi State University of Agriculture and Applied Science, State College, Mississippi. Each application for a license shall contain information regarding the applicant's qualifications and proposed operations and other relevant matters as required pursuant to regulations promulgated by the commissioner.
(2) The commissioner may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of herbicides and the dangers involved and precautions to be taken in connection with their application. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the commissioner. If the extent of the applicant's operations warrant it, the commissioner may require more than one officer, member or technician to take the examination.
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(3) If the commissioner finds the applicant qualified, he shall issue a license, for such period as the commissioner may by regulation prescribe, to perform application of herbicides within this state. The license may restrict the applicant to the use of a certain type or types of equipment or materials if the commissioner finds that the applicant is qualified to use only such type or types. If a license is not issued as applied for, the commissioner shall inform the applicant in writing of the reasons therefor.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.