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Arkansas


Arkansas State Plant Board
One Natural Resources Drive
P.O. Box 1069
Little Rock, AR 72203
501-225-1598
501-225-3590 (Fax)

Web:

Arkansas State Plant Board

Arkansas State Plant Board Pesticide Licensing

 

Arkansas Law

The Following is a selection from the Arkansas State Code dealing with Licensing requirements.

http://www.arkleg.state.ar.us/assembly/ArkansasCode/22/17-37-206.htm

17-37-206.License application.

(a)Any person desiring to obtain a license for pest control service work shall make application to the State Plant Board on forms provided by the board, giving complete information requested.

(b)The applicant must prove to the satisfaction of the board that he or she is morally and financially responsible.

(c)An applicant must show proof of at least one (1) year of experience in the classification for which a license is desired or have completed at least two (2) years of work in an accredited college or university, including the completion of at least one (1) basic course in entomology, to be eligible to take the examination in either of the following classifications:

(1)Termite and other structural pests; or

(2)Household pests and rodent control.

(d)(1)To demonstrate the ability of the applicant to perform the classification of work for which a license is desired and to demonstrate his or her knowledge of the nature and effect of pesticides and how to apply them safely and properly, the board shall prescribe in advance an examination in writing to be taken by the applicant and to be given by a person designated by the board who is not interested financially or otherwise in pest control service work in Arkansas.

(2)This representative shall examine the applicant by a written examination as prescribed, and the examination shall be graded by the examiner with the results being certified to the board for approval either as having passed or failed the examination as the case may be.

(e)(1)The board is directed to give examinations on various classifications of pest control work on designated dates at least once each quarter.

(2)If the applicant is found qualified in one (1) or more of the classifications, he or she may be licensed to do the classification of work for which he or she is found qualified upon the payment of the required fees.

(f)By virtue of these qualifications, the applicant shall be eligible for certification under the Federal Insecticide, Fungicide, and Rodenticide Act or state law as a commercial applicator.

(g)By regulation, the board shall make provisions to ensure that applicators continue to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.

(h)Any licensee who fails to renew his or her license for a period of two (2) years shall be required to follow the same procedure as a new applicant in obtaining another license.

17-37-221.Contracts, reports, and records.

(a)Every licensed operator shall enter into a written contract with the property owner when employed to control or eradicate termites or other structural pests, or in such other classifications as the State Plant Board may specify in its rules and regulations made under authority of this chapter. The contract for termite and other structural pests shall guarantee the performance of the work for at least one (1) year and that the property meets the minimum standards established by the board in its rules and regulations for the work, unless these standards are waived or altered upon approval of the board.

(b)A copy of the contract or “start-work agreement” and a complete outline of the work to be performed shall be given to the property owner before any work is started.

(c)(1)By the fifteenth of each month, every licensed operator shall file a report with the board covering termite and other structural pest work performed the previous calendar month, along with a copy of each contract issued for the prevention, control, or eradication of termites and other structural pests and any other information deemed necessary by the board and stipulated in the rules and regulations made under authority of this chapter.

(2)(A)Reporting and payment of inspection fees may also be required for household pest and rodent control work or such other classifications as the board may specify if deemed necessary or if required by the Federal Insecticide, Fungicide, and Rodenticide Act.

(B)(i)All fees due the board shall be filed with the board by the fifteenth day of each month to cover work performed the previous calendar month.

(ii)If payment of fees due is delayed more than thirty (30) days, then the fees due shall be doubled.

(3)In addition, the reports shall include letters of clearance issued and service contracts issued even though no chemical treatments were carried out. Each report shall list the name and address of the owner, address of the property, length and nature of the guarantee, date the contract was issued, a plat or diagram showing the location of termite or other structural pest infestations, if present, location of damaged areas, and an outline of the work to be carried out.

(4)A report shall be filed each month even though no work is performed.

(d)(1)Each licensed operator, qualified operator, or license holder in any classification shall keep a complete record of all work performed, including copies of all contracts issued.

(2)The records shall be available for examination by the board or its representatives after reasonable notice and during normal business hours.

(3)The records shall be kept for at least two (2) years and shall contain information on kinds, amounts, uses, dates, and addresses of applications of restricted-use pesticides.

(e)(1)All licensed operators, qualified operators, or license holders shall stencil or paint on both sides of all motor equipment that requires a state vehicle license the name of the operator or company with letters at least two inches (2″) high.

(2)Vehicles used only for sales or soliciting are excepted.


Case Law

Key Arkansas Termite Cases:

Pest Management, Inc. v. Langer, 369 Ark. 52, 250 S.W.3d 550 (2007)

Terminix Intern. Co. v. Stabbs, 326 Ark. 239, 930 S.W.2d 345 (1996)

 

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