Sec 32-2311.02. Landscapers; records; civil penalties

A. The provisions of this chapter requiring licensure, and registration do not apply to a person who conducts lawn, garden, shrub or tree maintenance and who applies herbicides for the purpose of weed management, except as otherwise provided in this section.

B. Notwithstanding subsection A of this section, the licensure, certification and registration requirements of this chapter apply to a person who:

1. Uses herbicides that are labeled with the words "restricted use" or "danger".

2. Uses sterilants or preemergent herbicides.

3. Offers weed management as the person's primary service or advertises weed management services.

4. Uses application equipment that collectively holds more than four gallons of total mixed liquid herbicide at an address or project on the same day.

5. Uses more than twenty-five pounds of nonliquid herbicide at an address or project on the same day.

6. Uses or is part of a crew of two or more herbicide applicators at an address or project on the same day.

7. Uses an herbicide at a school or child care facility.

8. Uses an herbicide at an address or project without performing lawn, garden, shrub or tree maintenance at that address or project on the same day.

C. A person who is exempt from licensure, certification and registration pursuant to this section shall provide treatment records to each customer on application of herbicides for the purpose of weed management and shall retain records containing the same information provided to customers for at least six months after the date of the treatment. For the purposes of this subsection, treatment records must include the following:

1. The address of the location of the herbicide application.

2. The date of the herbicide application.

3. The trade name or common name of the herbicide applied.

4. The amount of the herbicide applied.

5. The name of the individual who performed the treatment.

D. If a person is exempt from licensure, certification and registration pursuant to subsection A of this section but does not comply with subsection C of this section, the director shall:

1. On a first violation, issue a written notice of correction that contains a warning and a copy of this section.

2. On a second violation, impose a civil penalty of at least fifty dollars.

3. On a third or any subsequent violation, impose a civil penalty of not more than one thousand dollars.

E. If a person is not exempt from licensure, certification and registration but uses an herbicide for the purpose of weed management, the director may:

1. Issue a cease and desist order and an administrative warning.

2. On a first violation, impose a civil penalty of not more than one thousand dollars.

3. On a second or any subsequent violation, impose a civil penalty of not more than two thousand dollars.