General information terms and definitions These regulations are adopted pursuant to the authority granted in Miss. Code Ann. 69-21-109 and apply to the aerial application of pesticides fertilizer and seed in Mississippi. All persons engaged in such activities must comply with these regulations. “Aerial application” means the practice of engaging in agricultural aircraft operations. “Agricultural aircraft operation” means Dispensing any pesticide fertilizer or seed by aircraft; “Aircraft” means any contrivance now known or hereafter invented that is used or designed for navigation of or flight in the air over land and water and that is designed for or adaptable for use in agricultural aircraft operations. “Applicator” means any person as herein defined who is licensed under this article to engage in agricultural aircraft operations who may or may not be a pilot. “Agricultural substance” means any seed fertilizer or pesticide that is used applied sprayed or administered by aircraft. “Herbicide” means a chemical used for killing plants or severely interrupting their normal growth processes. “Hormone-Type Herbicide” - shall mean all phenoxy type herbicides and other chemicals or substances which produce physiological changes in plant tissue without producing a burning effect such as caused by many oils which the Department may declare to be extremely hazardous to crops or plants other than those for which the particular herbicide is intended to control and shall include but not be limited to the following materials 24-D (24-dichlorophenoxyacetic acid) 24-DP 2-(24-dichlorophenoxypropionic acid in all forms; 24-DB 4-(24-dichlorophenoxy) butyric acid in all forms; MCPA 4-chloro-2-methyl phenoxyacetic acid in all forms; Dicamba 2-Methoxy-3 6-dichlorobenzoic acid in all forms and picloram (4-amino-356-trichloropicolinic acid) in all forms. “Person” shall mean any individual corporation firm partnership company trust association or other legal entity. “Pilot means the operator of an aircraft used in agricultural aircraft operation; provided however a pilot may also be a person who is licensed as an applicator under the provisions of these regulations. License Requirements Applicator - Any person who intends to conduct or engage in the practice of aerial application as defined above in the State of Mississippi shall first make application for and obtain an applicator’s license from the Department on a form prescribed by the Department and said applicant shall 1. Designate the name under which the applicant will do business; 2. Submit proof of payment of all ad valorem and other taxes which might be applicable on aircraft and other equipment to be used; 3. Establish proof of residency in accordance with Section 106 or appoint a resident agent for service of process in accordance with Section 107; 4. File a proposal of intended operation or activity; 5. Submit a copy of a photographic identification card. 6. Designate a person who will serve as chief pilot and supervisor of operations 7. The applicant must demonstrate competency by passing a written examination administered by the Department. The examination will cover aerial application methods and procedures in general and include the standards for certification of applicators as set forth in Code of Federal Regulations Chapter 40 Section 171.4 (40 CFR §171.4). 8. Have available the services of at least one aircraft registered by the Department in accordance with Section 202.01(11) and one pilot currently licensed by the Department in accordance with Section 103.01; 9. Hold a current agricultural aircraft operators certificate from FAA under FAR Part 137; 10. Submit proof of financial responsibility to the Department and upon obtaining a license such person shall maintain proof of financial responsibility at all times while such license is in effect in accordance with Section 105; 11. Register with the Department all aircraft and pilots used in agricultural aircraft ope
