Neb. Rev. Stat. §2-2635 — what it says, and how the exam tests it

2-2635. Pesticide dealer license; when required; application; fee; expiration; display; department; powers; disciplinary actions; restricted-use pesticides; records required; registered agent for service of process or consent to jurisdiction. (1) Except as provided in subsection (2) of this section, a person shall not distribute at wholesale or retail or possess pesticides with an intent to distribute them without a pesticide dealer license for each distribution location. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his, her, or its principal out-of-state location or outlet. (2) The requirements of subsection (1) of this section shall not apply to: (a) A commercial applicator or noncommercial applicator licensed under sections 2-2636 to 2-2642 who uses restricted-use pesticides only as an integral part of a pesticide application service and does not distribute any unapplied pesticide; (b) A federal, state, county, or municipal agency using restricted-use pesticides only for its own program; or (c) Persons who sell only pesticide products in containers holding fifty pounds or less by weight or one gallon or less by volume and do not sell any restricted-use pesticides or bulk pesticides. (3) A pesticide dealer may distribute restricted-use pesticides only to: (a) A licensed pesticide dealer; (b) A licensed certified applicator issued a license with the appropriate category for using the restricted-use pesticide being distributed; (c) An applicator issued a license by another state with the appropriate category for using the restricted-use pesticide being distributed; (d) A noncertified applicator authorized by the Pesticide Act to apply restricted-use pesticides if the licensed certified applicator supervising the noncertified applicator is issued a license with the appropriate category for using the restricted-use pesticide being distributed; or (e) Any other person if the pesticide dealer maintains records set out in rules and regulations adopted and promulgated pursuant to the act requiring the person to verify in writing that: (i) The restricted-use pesticide will be delivered to an applicator described in subdivision (3)(b), (c), or (d) of this section; and (ii) The applicator receiving the…