(a) It shall be unlawful for any person to purchase or possess, except for the purpose of resale pursuant to section 326.3(d) of this Part, or use any restricted pesticide unless said person shall have applied for and been issued a purchase permit or who shall have purchased the restricted pesticide in accordance with the provisions of section 326.8(e) of this Part.

(b) Purchase permits may be issued by the commissioner to persons who regularly use and apply pesticides as a significant part of their gainful employment or livelihood as determined by the commissioner. Such persons may include, but not be limited to, Federal, State, county and municipal officers responsible for pest control, registered custom applicators of pesticides, structural pest control operators, farmers, orchardists, nurserymen, arborists, Christmas tree growers, veterinarians, personnel responsible for pest control operation in industrial establishments, golf courses, camps, schools, hospitals, correctional facilities, jails, prisons, parks, highways, railroads and utilities.