§ 128.10. Licensing requirements for pesticide dealer.

 (a)  A person may not purchase or attempt to purchase a restricted use pesticide for resale or distribution unless the person has a current and valid pesticide dealer license.

 (b)  Each pesticide dealer shall, at all times, employ at least one individual who possesses a valid pesticide dealer manager certificate.

   (1)  A licensed pesticide dealer shall notify the Department in writing within 15 days of a change in its license information including the employment status of its pesticide dealer manager certificate holder.

   (2)  A licensed pesticide dealer shall return to the Department within 15 days the voided pesticide dealer manager’s certificate of an employee that is no longer employed by the pesticide dealer. If the pesticide dealer manager’s certificate issued by the Department is not available, the pesticide dealer shall notify the Department in writing within 15 days of the employee’s termination and provide an explanation of why the certificate is unavailable and the last known home address for the individual.

 (c)  A pesticide dealer may not distribute a restricted use pesticide unless the receiver provides proof of appropriate valid certification or license and proof of personal identification by presenting a photo identification document issued by an agency of the United States Government or affiliated jurisdiction (that is, state or territory), such as a driver license, valid passport, military identification card or an immigration card; or at least two nonphoto identification documents one of which must be a United States Government issued document bearing the person’s signature, such as a Social Security card. The other nonphoto identification documents must identify the holder by name and address.


   The provisions of this §  128.10 issued under section 7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §  111.27(b)(2)).


   The provisions of this §  128.10 adopted December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044.

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