Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 250
4
5 By: Senator Stone
6 By: Representative Beaty Jr.
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE PEST CONTROL LAW; TO REASSIGN
10 CERTAIN DUTIES OF THE STATE PLANT BOARD; AND FOR
11 OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE PEST CONTROL LAW; AND TO
16 REASSIGN CERTAIN DUTIES OF THE STATE
17 PLANT BOARD.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code � 17-37-102(5), concerning definitions
22 pertaining to pest control, is repealed.
23 (5) "Director" means the Director of the State Plant Board;
24
25 SECTION 2. Arkansas Code � 17-37-102(10), concerning definitions
26 pertaining to pest control, is amended to read as follows:
27 (10) "Licensed operator" means a person who has fully qualified
28 and has passed the board's written examination and has in force a valid
29 license from the board Department of Agriculture to engage in the work
30 indicated in the license. The person shall also have met the requirements of
31 and be eligible for certification under the Federal Insecticide, Fungicide,
32 and Rodenticide Act and state law as a commercial applicator;
33
34 SECTION 3. Arkansas Code � 17-37-102(16), concerning definitions
35 pertaining to pest control, is amended to read as follows:
36 (16) "Solicitor" means any person registered with the board
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1 Department of Agriculture by a licensed operator to solicit or sell pest
2 control service work, which the operator is licensed to perform, but the
3 solicitor may not perform any pest control service work nor be placed in
4 charge of workers or working crews;
5
6 SECTION 4. Arkansas Code � 17-37-105(b), concerning the administration
7 of the State Plant Board, is amended to read as follows:
8 (b) The board Department of Agriculture or its authorized
9 representative may enter upon and inspect properties, plants, or products for
10 the purpose of carrying out the provisions of this chapter and of carrying
11 out the rules made pursuant to this chapter.
12
13 SECTION 5. Arkansas Code � 17-37-202 is repealed.
14 17-37-202. Exemption for unlicensed operators under supervision of
15 license holders.
16 (a) Persons who are not licensed as pest control operators under this
17 chapter but who worked as unlicensed pest control operators before November
18 1, 1984, under the direct supervision of a holder of a license under this
19 chapter, and who are working for such a license holder on June 28, 1985, may
20 continue that arrangement without complying with this chapter.
21 (b) At the time the unlicensed pest control operators terminate their
22 relationship with the license holder, the unlicensed pest control operators
23 shall not thereafter perform services as pest control operators unless and
24 until they have qualified under this chapter. However, when the licensed
25 manager of a pest control company terminates his or her employment with the
26 company, and if the company had been in operation at least one (1) year
27 before the date of termination, the pest control company may continue to
28 operate for a period not to exceed six (6) months after the date of
29 termination, notwithstanding that the manager was the only licensed personnel
30 in the company.
31
32 SECTION 6. Arkansas Code � 17-37-203(a)(2)(A) and (B), concerning
33 exemptions for noncommercial pest control applicators, is amended to read as
34 follows:
35 (2)(A) However, no noncommercial applicator shall use, supervise
36 the use of, or demonstrate the use of a restricted-use pesticide, as defined
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1 by the Federal Insecticide, Fungicide, and Rodenticide Act, unless the person
2 has passed a prescribed examination and has been licensed by the State Plant
3 Board Department of Agriculture.
4 (B)(i) The examination shall demonstrate the applicant's
5 knowledge of how to apply pesticides under the classifications applied for
6 and his or her knowledge of the nature and effect of the pesticides.
7 (ii) If the applicant is found qualified and has
8 paid the required examination and license fees, the board department shall
9 issue a noncommercial applicator license limited to such activities and
10 classifications as qualified for.
11
12 SECTION 7. Arkansas Code � 17-37-205 is amended to read as follows:
13 17-37-205. Applicants previously convicted of violations.
14 Nothing in this chapter shall require the State Plant Board Department
15 of Agriculture to issue a license or registration to an applicant who has
16 been convicted in a court for a violation of this chapter or the Federal
17 Insecticide, Fungicide, and Rodenticide Act.
18
19 SECTION 8. Arkansas Code � 17-37-206 is amended to read as follows:
20 17-37-206. License application.
21 (a) Any person desiring to obtain a license for pest control service
22 work shall make an application to the State Plant Board Department of
23 Agriculture on forms provided by the board department, giving complete
24 information requested.
25 (b) The applicant must prove to the satisfaction of the board
26 department that he or she is morally and financially responsible.
27 (c) An applicant must show proof of at least one (1) year of
28 experience in the classification for which a license is desired or have
29 completed at least two (2) years of work in an accredited college or
30 university, including the completion of at least one (1) basic course in
31 entomology, to be eligible to take the examination in either of the following
32 classifications:
33 (1) Termite and other structural pests; or
34 (2) Household pests and rodent control.
35 (d)(1) To demonstrate the ability of the applicant to perform the
36 classification of work for which a license is desired and to demonstrate his
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1 or her knowledge of the nature and effect of pesticides and how to apply them
2 safely and properly, the board department shall prescribe in advance an
3 examination in writing to be taken by the applicant and to be given by a
4 person designated by the board department who is not interested financially
5 or otherwise in pest control service work in Arkansas.
6 (2) This representative shall examine the applicant by a written
7 an examination as prescribed, and the examination shall be graded by the
8 examiner or designated proctor with the results being certified to the board
9 for approval either as having passed or failed the examination as the case
10 may be.
11 (e)(1) The board department is directed to give examinations on
12 various classifications of pest control work on designated dates at least one
13 (1) time each quarter.
14 (2) If the applicant is found qualified in one (1) or more of
15 the classifications, he or she may be licensed to do the classification of
16 work for which he or she is found qualified upon the payment of the required
17 fees.
18 (f) By virtue of these qualifications, the applicant shall be eligible
19 for certification under the Federal Insecticide, Fungicide, and Rodenticide
20 Act or state law as a commercial applicator.
21 (g) By rule, the board department shall make provisions to ensure that
22 applicators continue to meet the requirements of changing technology and to
23 assure a continuing level of competence and ability to use pesticides safely
24 and properly.
25 (h) Any licensee who fails to renew his or her license for a period of
26 two (2) years shall be required to follow the same procedure as a new
27 applicant in obtaining another license.
28
29 SECTION 9. Arkansas Code � 17-37-209 is amended to read as follows:
30 17-37-209. Eligibility for reexamination.
31 Any applicant who fails to pass the written examination in any
32 classification must wait at least three (3) months fourteen (14) days before
33 being eligible to take another examination in the same classification.
34
35 SECTION 10. Arkansas Code � 17-37-210 is amended to read as follows:
36 17-37-210. Bond and insurance requirements.
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1 (a) Bond.
2 (1) Before a license is issued or renewed, the State Plant Board
3 Department of Agriculture shall be furnished an acceptable surety bond by
4 each applicant for a license in either of the following classifications:
5 (A) Termite and other structural pests; or
6 (B) Household pests and rodent control.
7 (2)(A)(i) The bond shall be executed by the applicant for a
8 termite and other structural pests license or any combination of licenses
9 that includes termite and other structural pests as principal and by a surety
10 company licensed to do business in this state in the surety amount of one
11 hundred thousand dollars ($100,000).
12 (ii)(a) The bond shall be executed by an
13 applicant for a household pests and rodent control license or any combination
14 of licenses that includes household pests and rodent control as principal and
15 by a surety company licensed to do business in this state in the surety
16 amount of fifty thousand dollars ($50,000).
17 (b) Subdivision (a)(2)(A)(ii)(a) of this
18 section does not apply to a combination of licenses that includes termite and
19 other structural pests.
20 (B) The bond shall be for a term not to exceed one (1)
21 year and shall coincide with the licensing period.
22 (3)(A) A bond required by this chapter shall be in favor of the
23 State of Arkansas for the benefit of any person damaged as the result of a
24 violation of this chapter by an operator licensed under this chapter and for
25 the benefit of any person who, after entering into a contract with the
26 licensee, is damaged by the failure of the licensee to properly perform the
27 contract.
28 (B) A person claiming against the bond may maintain an
29 action at law against the licensee and the surety.
30 (C) The aggregate liability of the surety to all persons
31 shall not exceed the sum of the bond.
32 (b) Insurance.
33 (1) In addition to the bond required in subdivision (a)(1) of
34 this section, before a license is issued or renewed, each applicant for a
35 license in the classification of household pests and rodent control or the
36 classification of general fumigation shall furnish the board department a
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1 certificate of insurance written by an insurance company authorized to do
2 business in this state covering the public liability of the applicant for
3 personal injuries for not less than twenty-five thousand dollars ($25,000)
4 for any one (1) person, and fifty thousand dollars ($50,000) for any one (1)
5 accident, and not less than five thousand dollars ($5,000) for property
6 damage.
7 (2) In addition to the bond required in subdivision (a)(1) of
8 this section, before a license is issued or renewed, each applicant for a
9 license or any combination of licenses that includes the classification of
10 termite and other structural pests shall furnish the board department a
11 certificate of insurance for a general liability insurance policy written by
12 an insurance company authorized to do business in this state covering public
13 liability of the applicant for personal injuries and property damage in an
14 amount not less than five hundred thousand dollars ($500,000) per occurrence
15 or five hundred thousand dollars ($500,000) per aggregate.
16 (c) Cancellation.
17 (1) The bond and insurance shall not be cancelled or terminated
18 until at least thirty (30) days after a notice of cancellation is received by
19 the board department.
20 (2) Upon failure of a licensee to maintain in full force and
21 effect the bond and insurance required by this section, the license shall
22 become void and shall not be reinstated until a satisfactory bond and
23 insurance have been filed.
24
25 SECTION 11. Arkansas Code � 17-37-212(b), concerning the change of
26 license status related to pest control, is amended to read as follows:
27 (b) When there is a change in the status of a licensee, such as change
28 of address, operator in charge, agents, or solicitors, the licensee shall
29 immediately notify the State Plant Board Department of Agriculture of the
30 changes.
31
32 SECTION 12. Arkansas Code � 17-37-213(a), concerning agents and
33 solicitors related to pest control, is amended to read as follows:
34 (a) Each licensed operator shall register with the State Plant Board
35 Department of Agriculture the name and address of each agent or solicitor and
36 shall pay to the board department a registration fee annually for each
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1 solicitor and agent at the time of registration.
2
3 SECTION 13. Arkansas Code � 17-37-215(b), concerning pest control
4 operator names, is amended to read as follows:
5 (b) No person shall issue a solicitor's or agent's license to any
6 other person for the purpose of operating under any other name except that of
7 the licensed operator who registers the solicitor or agent with the State
8 Plant Board Department of Agriculture.
9
10 SECTION 14. Arkansas Code � 17-37-217 is amended to read as follows:
11 17-37-217. Grounds for license invalidation or nonrenewal.
12 Acts which shall be grounds for invalidation or nonrenewal of a license
13 shall include, but shall not be limited to, the following:
14 (1) Misrepresentations for the purpose of deceiving or
15 defrauding;
16 (2) Making of a false statement with knowledge of its falsity
17 for the purpose of inducing others to act thereon to their damage;
18 (3) Failure of the licensee to supply the State Plant Board
19 Department of Agriculture or its authorized representative, upon request,
20 with true and accurate information concerning methods and materials used or
21 work performed or other information essential to the administration and
22 enforcement of this chapter;
23 (4) Performing work, whether for compensation or not, in a
24 classification for which the licensee does not have a license;
25 (5) If repeated inspections by the board department reveal that
26 the licensee is not securing satisfactory control of the pests or diseases
27 which the licensee engages to control or eradicate;
28 (6) Failure of the licensee to register agents or solicitors,
29 failure to pay registration, inspection, or reporting fees due, or failure to
30 make reports within the time specified;
31 (7) Conviction in any court of a violation of this chapter or of
32 the Federal Insecticide, Fungicide, and Rodenticide Act;
33 (8) Intentional misrepresentation in any application for a
34 license;
35 (9) Failure to correct substandard work;
36 (10) Making a pesticide recommendation or application which is
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1 inconsistent with any or all of the following:
2 (A) The labeling;
3 (B) Federal or state registration; or
4 (C) Federal or state restrictions on the use of that
5 pesticide; and
6 (11) Falsification of records or failure to maintain or make
7 available the records required by this chapter.
8
9 SECTION 15. Arkansas Code � 17-37-221(c), concerning contracts,
10 reports, and records for licensed operators related to pest control, is
11 amended to read as follows:
12 (c)(1)(A) By the fifteenth of each month, every licensed operator
13 shall file a report with the board Department of Agriculture covering termite
14 and other structural pest work performed the previous calendar month.
15 (B) The report required under subdivision (c)(1)(A) of
16 this section shall include:
17 (i) A summary listing of each contract issued for
18 the prevention, control, or eradication of termites or other structural
19 pests;
20 (ii) Letters of clearance issued and service
21 contracts issued regardless of whether chemical treatments were carried out;
22 (iii) The name and address of the property owner;
23 (iv) The address of the property; and
24 (v) Any other information deemed necessary by the
25 board department and stipulated in the rules adopted under this chapter.
26 (C) Within forty-eight (48) normal business hours, the
27 licensed operator shall produce documents requested by an authorized agent of
28 the board department, including without limitation contracts and related
29 documents.
30 (D) Failure to meet timelines set in this section may
31 result in additional penalties.
32 (2)(A) Reporting and payment of inspection fees may also be
33 required for household pest and rodent control work or other classifications
34 as the board department may specify if deemed necessary or if required by the
35 Federal Insecticide, Fungicide, and Rodenticide Act.
36 (B)(i) All fees due the board department shall be filed
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1 with the board by the fifteenth day of each month to cover work performed the
2 previous calendar month department as stipulated by the rules of the board.
3 (ii) If payment of fees due is delayed more than
4 thirty (30) days, then the fees due shall be doubled.
5 (3) A report shall be filed each month even if no work is
6 performed.
7
8 SECTION 16. Arkansas Code � 17-37-221(e)(1), concerning contracts,
9 reports, and records for licensed operators related to pest control, is
10 amended to read as follows:
11 (e)(1) All licensed operators, qualified operators, or license holders
12 shall stencil or paint display on both sides of all motor equipment that
13 requires a state vehicle license the name of the operator or company license
14 holder with letters at least two inches (2) high.
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