Section 76-4-19 - Application of act to governmental entities; public applicator's license required

A. A public applicator shall be subject to the provisions of the Pesticide Control Act and rules adopted pursuant to that act. B. Public applicators shall be subject to examinations or other licensing provisions as provided in the Pesticide Control Act or by rule promulgated by the board. The department shall issue a limited license without fee to the public applicator who has qualified for the license. The public applicator license shall be valid only when the applicator is acting as an applicator applying pesticides used by federal, state, county or municipal agencies or municipal corporations. Government research personnel shall be exempt from this licensing requirement only when applying general use pesticides to experimental plots. History: 1953 Comp., § 45-25-19, enacted by Laws 1973, ch. 366, § 19; 1979, ch. 394, § 6; 2009, ch. 101, § 2; 2009, ch. 109, § 2. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, in Subsection A, at the beginning of the sentence, deleted 'All state agencies, federal agencies and municipal corporations or any other governmental agency', added 'A public applicator'; and at the end of the sentence, deleted 'thereunder concerning the application

te agencies, federal agencies and municipal corporations or any other governmental agency', added 'A public applicator'; and at the end of the sentence, deleted 'thereunder concerning the application of pesticides unless exempt under other sections of the Pesticide Control Act'; and added 'pursuant that act'; in Subsection B, after 'Public applicators', deleted 'for agencies listed in this section'; after 'examinations', added 'or other licensing provisions'; added 'or by rule promulgated by the board; after 'applicator applying', deleted 'or supervising application of restricted use'; and after 'pesticides used by', deleted 'such entities'; and added 'federal, state, county or municipal agencies or municipal corporations'. Laws 2009, ch. 101, § 2 and Laws 2009, ch. 109, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2009, ch. 109, § 2. See 12-1-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture § 43. 3 C.J.S. Agriculture § 101.