Acceptable Insurance and Bond Forms for Commercial Applicators

PURPOSE: This rule identifies those insurance and bond forms which are acceptable to the Missouri Department of Agriculture as evidence of financial responsibility protecting persons who may suffer legal damages as a result of the operations of a commercial pesticide applicator. (1) Commercial applicators must use one (1) of the following methods for providing evidence of financial responsibility: (A) Insurance or bond forms provided by the director. These forms must be completed and signed by an insurance company representative or a bonding agent. Acceptable bonds must have power of attorney, or authority to bind surety, attached; (B) Certificates of insurance provided by insurance companies. These forms must include the following information for the commercial pesticide business: 1. Business name and business address; 2. Policy number; 3. Effective and expiration dates; 4. Limits of liability; and 5. Insurance company representative’s signature; or (C) Complete insurance policies which meet the requirements of section 281.065, RSMo. (2) Before the completion of an inspection, the commercial pesticide business establishment or certified commercial applicator must make available for inspection by the director a valid form of financial responsibility that has an effective date of coverage prior to or on the date of inspection and a future expiration date. (3) If a valid form of financial responsibility is not made available to the director for inspection before the completion of the inspection, the commercial pesticide business establishment will receive a Notice of Warning for being in violation of section 281.065, RSMo. All commercial use of pesticides, supervision of the use of pesticides, and determining the need for the use of pesticides by licensed certified applicators, licensed technicians, and noncertified applicators working from the commercial pesticide business establishment must immediately cease upon receipt of the Notice of Warning. (4) If the Jefferson City office of the Bureau of Pesticide Control does not receive an acceptable form of financial responsibility within sixty (60) days of the issuance of a Notice of Warning, the director will issue a Notice of Cancellation in accordance with section 281.065(3), RSMo, cancelling all certified commercial applicator licenses at the commercial pesticide business establishment. (5) Employers of certified commercial applicators must notify the director within ten (10) working days of the discontinued employment of a certified commercial applicator or when the company’s liability insurance or surety bond no longer provides coverage for a certified commercial applicator. Notification shall include: the employer’s business name and address; the certified commercial applicator’s name and license number; and the date of discontinued employment or discontinued liability coverage. AUTHORITY: section 281.065, RSMo Supp. 2015.* Original rule filed July 8, 1977, effective Oct. 14, 1977. Amended: Filed Aug. 14, 1989, effective Jan. 1, 1990. Amended: Filed March 8, 2012, effective Sept. 30, 2012. Amended: Filed Dec. 15, 2015, effective June 30, 2016. *Original authority: 281.065, RSMo 1974, amended 1977, 1988, 2015.