Pesticide licence in Massachusetts: classifications, exam and penalties

This page reports what the official source says. It is not legal advice: ask the office named here. The source is Chapter 132B of the Massachusetts General Laws, the Massachusetts Pesticide Control Act, on the state legislature site. Section 2 of the chapter defines the department as the department of food and agriculture, and the sections read here give that department the licensing role. The department's regulations on categories and exam content were not read, so nothing about specific categories is reported here. The parent page, pesticide licences by country, has the national background.

At a glance

Item	What the statute says
Classifications	Certified commercial applicator, certified private applicator, permitted catch basin applicator, licensed applicator (section 10(b))
Term	Not more than 1 year; not transferable; ends on the holder's death (section 10(a))
Application fee	Filed annually; capped at US$20, set by the department (section 10(d))
Exam fee	Capped at US$10 for each examination given (section 10(f))
Exam content	Must include an evaluation of competence with integrated pest management (section 10(f))
Insurance	The department may require a liability insurance contract under its regulations (section 10(e))

Who must be certified, licensed or permitted

Section 10(b) says the department requires everyone who applies pesticides in public and private places used for human occupation and habitation to be certified, licensed or permitted, except on residential properties with 3 or fewer dwelling units. Section 6A adds that restricted use pesticides may be used only by an appropriately certified private or commercial applicator, or by a competent person working directly under such an applicator. It also bars use of any registered pesticide in a way that is inconsistent with its labeling or with other restrictions the department imposes.

Categories, renewal and out-of-state credentials

Section 10(c) lets the department set categories and subcategories to restrict the scope of use inside each classification, along with the standards for competence and experience in each. A renewal application filed with the fee before expiry keeps the credential in effect until 90 days after the scheduled expiry, or until the department notifies the applicant of renewal, modification or denial, whichever comes first. Once an applicant meets the criteria, the department issues a temporary credential that stands until the permanent one arrives. Section 10(h) lets the department credential a person who holds a valid certification from another state or the federal government, where those standards are no less stringent and the other state extends similar privileges to Massachusetts holders. Such a person pays the annual fee.

Suspension and penalties

Section 10(g) lets the department revoke, suspend, cancel or deny a credential for violating its terms, violating the chapter or federal pesticide law, or lacking competence. A refusal can carry a bar of up to 2 years on reapplying, which the department may waive or shorten. Section 10(k) allows an administrative or civil penalty of up to US$500 for a first offence and up to US$1,000 for a later one against a person who applies without a temporary or permanent credential in those occupied places. Section 14 sets a fine of up to US$25,000, imprisonment of up to one year, or both, for knowingly violating section 6, and a civil penalty of up to US$10,000 for an offence against sections 6A to 6I or a department regulation. Each day of violation counts as a separate offence.