Section 20-2403. PESTICIDE DEALERS: LICENSING

 

2403.1 Except as provided in § 2403.8, any person who distributes restricted-use pesticides to the ultimate user in the District of Columbia shall obtain a pesticide dealer’s license from the District Department of the Environment (Department).

 

2403.2 Each manufacturer, registrant, or distributor whose restricted-use pesticide products are distributed or who distributes restricted-use pesticide products in the District and who has no pesticide dealer outlet licensed within the District, shall obtain a pesticide dealer’s license from the Department for the manufacturer, registrant, or distributor’s principal out-of-state location or outlet.

 

2403.3 Each applicant for a pesticide dealer’s license shall apply in writing on a form prescribed by the Department.

 

2403.4The Department shall not issue a pesticide dealer’s license unless an applicant has submitted a completed application as specified in § 2403.3 and paid the fee set forth in § 2520.

 

2403.5 Each applicant for a pesticide dealer’s license shall pay an annual fee to the Department in the amount specified in § 2520.

 

2403.6 A pesticide dealer shall be liable for the acts of each of the dealer’s employees in the marketing and sale of restricted-use pesticides and for all claims and recommendations for the use of restricted-use pesticides.

 

2403.7 A pesticide dealer shall not sell or transfer any restricted-use pesticide to any person other than a certified and licensed applicator or the certified and licensed applicator’s authorized representative presenting the applicator’s proof of certification.

 

2403.8 The provisions of this section shall not apply to a certified and licensed pesticide operator who sells restricted-use pesticides only as an integral part of the pesticide operator’s pesticide application service or to any District or other governmental agency that provides pesticides only for its own programs.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

Section 8 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).