1.4 Custom Application Licensing & Aerial Application Rules
Key Takeaways
- Custom application is applying pesticides to growing crops, rights-of-way, or woodlands by aircraft or ground equipment for pay (Section 2-27-50).
- A custom license is annual, expires December 31, and requires a $3,000 bond or equal liability insurance, rising to a $12,000 maximum for larger aircraft fleets.
- Every aircraft and ground rig used for custom application must carry an ADAI decal, and each place of business needs a certified supervisor.
- Rule 80-1-14 prohibits custom application when wind exceeds the label limit or 10 mph, whichever is lower.
- No aerial deposit may be made within 400 feet of schools, hospitals, nursing homes, or occupied churches; custom records are due within 72 hours and kept 3 years.
1.4 Custom Application Licensing & Aerial Application Rules
Quick Summary: Custom application means applying pesticides to growing crops, rights-of-way, or woodlands by aircraft or ground equipment for pay (§2-27-50). It requires an annual custom license that expires December 31, a surety bond or liability insurance ($3,000 per applicant, up to $12,000 for large aircraft fleets), and an ADAI decal on every aircraft and ground rig (Chapter 27, Article 3). Rule 80-1-14 adds equipment, storage, and record standards, and aerial limits: no application when wind exceeds the label or 10 mph, release within 15 feet of the canopy for sprays, and no aerial deposits within 400 feet of schools, hospitals, nursing homes, or occupied churches.
What Counts as Custom Application
Section 2-27-50(6) defines custom application of pesticides as any application to growing agricultural, horticultural, or floricultural crops, rights-of-way, or woodlands by aircraft or ground equipment for remuneration. A crop-dusting business, a contract right-of-way crew, and a forestry herbicide contractor are typical examples.
Who is exempt (§2-27-52)
Article 3 does not apply to:
- Applications to lawns, trees, or shrubs immediately adjacent to a dwelling or building.
- Termite or household pest control (covered by Chapter 28 instead).
- Farmers using their own aircraft or ground equipment on land they own or lease, unless they hire out the equipment.
- Government agencies applying pesticides through their own employees. A contractor hired by a government agency is not exempt.
The Custom License (§2-27-53 and Rule 80-1-14-.05)
| Requirement | What the law says |
|---|---|
| License term | Annual; expires December 31 and is renewable January 1 |
| Late renewal | A 10% penalty applies if the fee is not paid by February 15 |
| Fee | Set by the Board; Rule 80-1-14-.05 lists a $100 annual licensing fee per applicant. The statute caps the total at $120 regardless of the number of aircraft |
| Qualification | The applicant, or a designated full-time employee supervisor, must pass the Examining Board's written exam |
| Places of business | Each Alabama place of business must be under a named supervisor |
| Changes | Notify the Commissioner in writing within 10 days of a change of location or supervisor |
| License contents | Places of business, supervisor names, equipment by decal number, and any restrictions on pesticides or equipment |
| Nonresidents | Must obtain the same license; ADAI may issue reciprocal licenses (§2-27-55) |
Bond or insurance (§2-27-56)
Before a license is issued, the applicant must file a surety bond naming the State of Alabama as obligee:
- $3,000 for an applicant using ground equipment or not more than two aircraft.
- Plus $3,000 for each additional aircraft, up to a maximum of $12,000.
- A liability insurance policy in at least the same amount may be filed instead. It need not cover damage to the crops or land being treated.
Decals and pesticide management areas (§2-27-58; Rule 80-1-14-.07)
Every aircraft and ground rig used in custom application must display a decal or identifying mark issued by the Commissioner. After a hearing, the Commissioner may declare a pesticide management area where custom application is banned or limited by pesticide, method, or season.
Supervisor certification (Rule 80-1-14-.04)
A supervisor applicant must document at least 12 calendar months of work under a supervisor during actual application seasons, including 3 months as an acting assistant. The applicant then passes a written exam ($75 fee, 10-day retake wait). To keep the certification, a supervisor attends an approved refresher course within 12 months before renewal or passes the exam again.
Equipment and Facility Standards (Rule 80-1-14-.06)
Inspectors will check that:
- Application equipment is kept in proper working condition and correctly calibrated, and the licensee can demonstrate this during inspection.
- Pesticides are stored in a well-lighted, well-ventilated, clean area that can be locked.
- There are no unlabeled, leaking, or damaged containers.
- Restricted use pesticides are stored separately from general-use pesticides.
- Fixed mixing facilities are uncluttered, ventilated, lighted, and lockable.
- Aircraft spray systems are leak-free with a positive shutoff so no pesticide drips over non-target areas.
People in the target area: No aerial application may be made while any person is visible in the target area other than those assisting with the application.
Accidental releases: The licensee or pilot must immediately notify the Commissioner of an emergency or accidental release. The report includes the pilot, licensee, property owner, location, pesticide, estimated amount, size of the affected area, what lies within 300 feet of the spill, people or animals contaminated, and weather.
Application Limits (Rule 80-1-14-.07)
| Rule | Requirement |
|---|---|
| Know the field | Before applying, the pilot must confirm the exact boundaries of the target area and identify non-target areas and hazards |
| Wind | No application when wind speed exceeds label directions or 10 mph, whichever is lower |
| Release height - liquids and dusts | Released within 15 feet above the target canopy unless obstructions make that unsafe |
| Release height - granules and pellets | Released within 40 feet above the canopy unless obstructions make that unsafe |
| Sensitive sites | No aerial deposit within 400 feet of the premises of schools, hospitals, nursing homes, or occupied churches |
| Roads | No aerial deposit on a dedicated road or on vehicles using it |
| Water | No product labeled toxic to aquatic life may be deposited in or near water in a hazardous way unless aquatic life is the target |
| Homes and businesses | No aerial deposit inside a residential or business property line without written consent from an inhabitant at least 18, showing the date, time period, address, and signature |
| Drift and overspray | No application under conditions that cause hazardous drift or overspray |
| Rinsing | Spray equipment must be rinsed after each application unless the next job uses the same or a compatible pesticide, and rinsing must not create a hazard |
Exemptions (80-1-14-.09): Public health programs supervised by a government agency are exempt from some of these limits, and the Commissioner may grant temporary exemptions during a declared emergency.
Custom Application Records (Rule 80-1-14-.08)
Licensees keep records of Alabama applications for at least three years, completed within 72 hours of each application (sooner if requested for an incident investigation), at an Alabama place of business. Each record includes:
- Licensee name.
- Name and address of the person for whom the pesticide was applied.
- Farm or site treated.
- Crop treated.
- Total acres treated.
- Year, month, day, and approximate time.
- Brand or trade name, manufacturer, and formulation.
- Amount of product or active ingredient per acre.
- Total gallons or pounds per acre of final tank mix.
- Name of the person making the application.
- Signature of the person completing the record.
These custom records are in addition to the seven-element commercial record in Rule 80-1-13-.14.
💡 Practical Scenario: An Aerial Fungicide Job Near a Church
Scenario: A licensed aerial applicator is hired to apply a liquid fungicide to peanuts in Houston County on a Sunday morning. A church with services underway sits 250 feet from the field edge. The label allows wind up to 15 mph, and the wind is 12 mph.
- Wind: Rule 80-1-14-.07 sets the limit at the lower of the label or 10 mph, so 12 mph is too windy.
- Church: The church is occupied, so no pesticide may be deposited within 400 feet of its premises. The pilot must plan a 400-foot buffer or reschedule.
- Release height: Liquid must be released within 15 feet of the canopy.
- Records: The record must be completed within 72 hours and kept three years.
💡 Exam Tips for Success
- Definition: custom = crops, rights-of-way, or woodlands, by aircraft or ground equipment, for pay.
- License: annual, expires December 31; bond or insurance $3,000 (up to $12,000); decal on every aircraft and rig.
- Aerial limits: wind label or 10 mph, whichever is lower; sprays within 15 ft and granules within 40 ft of the canopy; 400 ft from schools, hospitals, nursing homes, occupied churches.
- Custom records: within 72 hours, keep 3 years.
Under Rule 80-1-14-.07, what is the maximum wind speed for a custom pesticide application when the product label allows up to 15 mph?
What bond does Section 2-27-56 require of a custom applicator who operates ground equipment only?
Which situation is exempt from Alabama's custom application license under Section 2-27-52?