1.1 ADAI, the Alabama Pesticide Act & Related State Laws

1.1 ADAI, the Alabama Pesticide Act & Related State Laws

Quick Summary: The Alabama Department of Agriculture and Industries (ADAI) regulates pesticide sale, use, and applicator certification under Code of Alabama 1975, Title 2, Chapter 27. Article 1 of that chapter is the Alabama Pesticide Act of 1971; Article 3 regulates custom application by aircraft or ground equipment. Chapter 28 is a separate law, the Professional Services law, which covers structural and horticultural pest control businesses. ADAI's detailed rules are Alabama Administrative Code Chapter 80-1-13 (sale and use), 80-1-14 (custom and aerial application), and 80-5-1 (civil penalties).

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Why State Law Matters on the General Standards Exam

Rule 80-1-13-.08(3) lists the competency areas every commercial applicator exam must test, and the last item is "applicable state and federal laws and regulations." Alabama Cooperative Extension System (ACES) category pages list the same four ADAI documents as required study material: Chapter 27 of Title 2, and rules 80-1-13, 80-1-14, and 80-5-1. Expect questions on who needs a permit, which records you must keep and for how long, what you may not do with a restricted use pesticide (RUP), and what happens when you break the rules.

Who Does What in Alabama

The Structure of Title 2, Chapter 27

Key Provisions of the Alabama Pesticide Act

Product registration (§2-27-9)

Every pesticide or device distributed, sold, or offered for sale in Alabama must be registered with the Commissioner. Registration is biennial. The Board sets the fee, which may not exceed $600 per product for the two-year period, and a $150 per product delinquency penalty applies if the fee is not paid by March 1. Special local need registrations under FIFRA Section 24(c) carry the same state requirements. Products shipped only between two plants of the same company inside Alabama are exempt.

Restricted use classification (§2-27-9(c) and Rule 80-1-13-.15)

The Commissioner classifies every product the U.S. Environmental Protection Agency (EPA) classifies as restricted use as an RUP in Alabama. The Commissioner may also restrict a general-use product when needed to protect people and the environment in Alabama.

RUP dealer licenses (§2-27-10)

Anyone selling RUPs directly to users must hold an annual dealer license that expires December 31, is posted in the sales outlet, and authorizes sales only to persons holding a valid pesticide-use permit. A 10% penalty applies if the renewal fee is not paid by February 15.

Pesticide-use permits (§2-27-11)

A person must obtain a pesticide-use permit from the Commissioner before purchasing or using an RUP. The statute allows a commercial permit fee of $15 to $60 per category; Rule 80-1-13-.08 sets it at $45 per category. The private permit fee is $25 under Rule 80-1-13-.09.

Inspection and sampling (§2-27-12)

The Commissioner or an agent may enter public or private premises and carriers at reasonable times during regular business hours to inspect pesticides, devices, and records. Refusing entry is itself a violation. For minor violations, the Commissioner may issue a written warning instead of referring the case for prosecution.

Prohibited acts (§2-27-14)

It is unlawful to:

• Sell or distribute an unregistered pesticide, or one whose claims or composition differ from its registration.
• Sell a pesticide outside the registrant's unbroken container or without a label showing the manufacturer, brand, and net contents.
• Sell a product that is highly toxic to people unless the label bears the skull and crossbones, the word "Poison" in red, and an antidote statement.
• Sell adulterated or misbranded products, or detach, alter, or deface a label.
• Sell an RUP without a dealer license, or to someone without a valid use permit.
• Purchase, use, or possess an RUP without a pesticide-use permit.
• Use any pesticide in a manner inconsistent with its label or labeling. Labeling references to official publications of EPA, USDA, experiment stations, and agricultural colleges do not become part of the label for this purpose.

Stop-sale, seizure, and condemnation (§2-27-15; Rule 80-1-13-.16)

Violative products, containers, or devices may be placed under a stop-sale, stop-use, removal, or hold order and marked not for sale or use. A manufacturer whose product fails its guaranteed analysis must pick it up within 30 days of the violation report.

Local ordinances preempted (§2-27-5.1)

Alabama law prohibits counties and cities from passing their own ordinances regulating pesticides.

Research exemption (§2-27-5; Rule 80-1-13-.17)

Bona fide research institutions are exempt. Manufacturers or shippers of experimental-use pesticides need a state permit unless the work uses less than 10 pounds of technical pesticide or less than 5 acres at one location.

Penalties (§2-27-16)

Violating Article 1 or its rules is a misdemeanor. The circuit court may also issue restraining orders and injunctions without bond. ADAI may instead, or in addition, assess civil penalties under Rule 80-5-1 (Section 1.3).

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Chapter 28: The Professional Services Law

Chapter 28 of Title 2 is not the custom application law. It governs professional services businesses: household and structural pest control, wood-destroying organism control, fumigation, and horticultural work such as ornamental and turf pest control and landscape planting. ADAI's permit application issues the structural categories (HPC, WDC, FC and their branch-level versions HPB, WDS, FB) and the ornamental and turf supervisor category (OTPS) under Chapter 28, while agricultural and other commercial categories are issued under Chapter 27. Rule 80-10-9 contains the Professional Services rules. A business that starts operating also needs the matching business permit:

Section 2-27-52 adds that a custom licensee does not also need a Chapter 28 permit unless it performs work regulated by Chapter 28.

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ADAI and ADEM: Two Different Agencies

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💡 Practical Scenario: One Product, Three Legal Checks

Scenario: A Dothan farm-supply store wants to sell a new restricted use insecticide, and a peanut grower's hired commercial applicator plans to buy and apply it.

1. Product: The product must be registered with ADAI under §2-27-9 before it is offered for sale.
2. Dealer: The store must hold a current RUP dealer license under §2-27-10 and may sell only to a buyer with a valid pesticide-use permit.
3. Applicator: The applicator must hold a commercial permit in the right category (Agricultural Plant, plus the correct mode of application). Buying, possessing, or using the RUP without one violates §2-27-14.

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💡 Exam Tips for Success

• Chapter 27 vs. Chapter 28: Chapter 27 = the Alabama Pesticide Act (Article 1) plus custom application licensing (Article 3). Chapter 28 = professional services (structural and horticultural businesses).
• Registration: Every pesticide sold in Alabama must be registered with ADAI; registration is biennial.
• RUP chain: registered product -> licensed dealer -> buyer with a pesticide-use permit.
• Label is the law in Alabama too: §2-27-14 makes use inconsistent with the label or labeling unlawful.
• ADEM handles water discharge permits, not applicator licensing.