As Amended
SEC. 69-21-7. Licenses; application.
(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.
(3) Any applicant who proposes to use aircraft in the application of such herbicides shall first register with the Mississippi Department of Transportation and shall receive from such department a certificate certifying to the sufficiency and condition of the aircraft proposed to be used and as to the qualifications, training, and fitness and ability of the operator of such aircraft and shall present such certificate from the Mississippi Department of Transportation to the commissioner as a part of the application. The Mississippi Transportation Commission is authorized and empowered to adopt and promulgate such reasonable rules and regulations concerning the matters required in the certificate aforesaid as in its judgment may be needed to properly safeguard the use of aircraft in the application of such herbicides in this state.
(4) 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.
SOURCES: Codes, 1942, Sec. 5000-23; Laws, 1952, ch. 169, Sec. 3; 1962, ch. 171, Sec. 1; 1971, ch. 475, Sec. 3, eff from and after July 1, 1971. Laws, 1992, ch. 496, Sec. 34, eff from and after July 1, 1992.