| (a) If there is a discrepancy between supervision requirements
contained in federal laws or regulations, state laws or regulations, or the
pesticide label, the supervision requirement that requires the greatest degree
of direct supervision by the licensed applicator shall apply. Licensed applicators
may only supervise application of pesticides for categories or subcategories
in which they are certified.
(b) A person may not supervise the use of a restricted-use
or state-limited-use pesticide or regulated herbicide unless the person is
licensed as a commercial, non-commercial or private applicator with the department.
A certified private applicator may not supervise the use of restricted-use
or state-limited-use pesticides or regulated herbicides. A licensed applicator
may not supervise an applicator whose license or certificate is under revocation
or suspension.
(c) A business that applies a restricted-use or state-limited-use
pesticide or regulated herbicide to the land of another for hire must be operated
by or employ a licensed commercial applicator. An application of a restricted-use
or state-limited-use pesticide or regulated herbicide can only be made by
the licensed applicator or by persons under the licensee's direct supervision.
(d) A licensed applicator is not required to be physically
present at the time and place of the application of a restricted-use or state-limited-use
pesticide or regulated herbicide to exercise direct supervision unless the
label of the applied pesticide states that the presence of the licensed applicator
is required. The licensed applicator must always be available when and if
needed and is responsible for any actions of a person working under the licensee's
direct supervision.
(e) Except as provided in subsection (f) of this section, each
licensed applicator is responsible for assuring that any person working under
the licensee's direct supervision is knowledgeable of the label requirements
and rules and regulations governing the use of the particular pesticide being
used by the individual. Working includes transporting a restricted-use or
state-limited-use pesticide or regulated herbicide in any type of distributing
or transporting equipment ready for application; mixing, storing and handling
in packages or containers that have been opened; and applying and disposing
of restricted-use or state-limited-use pesticides or regulated herbicides
and cleaning equipment used to apply the pesticide. At a minimum, instructions
shall include a review of appropriate sections of the Texas pesticide law
and the Texas pesticide regulations, and reading of complete labeling information
for the particular use of the pesticide product being applied. To ensure that
appropriate instructions have been given to a nonlicensed person, the licensed
applicator must verify or provide handler training to the nonlicensed applicator
in accordance with the requirements of WPS. Licensed applicators supervising
individuals applying products not under the scope of WPS must review the label
with the individual and have the individual sign and date the label or complete
a form prescribed by the department.
(f) Licensed applicators employed by political subdivisions
or cemeteries who supervise nonlicensed employees that make any pesticide
application are responsible for assuring that the following requirements are
met:
(1) On an annual basis and prior to the nonlicensed employee
making their first application, the nonlicensed employee must be trained in
the specific use of the pesticide applied. The training requirement may be
satisfied by either:
(A) the nonlicensed employee obtaining five CEUs in accordance
with the continuing education required for licensed commercial and noncommercial
applicators pursuant to §7.24 of this title (relating to Applicator
Recertification); or
(B) the nonlicensed employee is trained on the appropriate
laws and regulations pertaining to pesticide use, the label information for
the use of all pesticides that are applied and pesticide safety training.
(2) A record of training received or CEUs obtained by the nonlicensed
employee must be maintained for a period of two years and shall be made available
to the department for inspection upon request. The record may be either a
certificate of completion of training or CEUs obtained or on a form prescribed
by the department.
(g) Both the supervising licensed commercial or noncommercial
applicator and the person under the direct supervision of the licensed commercial
or noncommercial applicator must perform applications from the same local
office, unless the supervising licensed commercial or noncommercial applicator
is physically present during the application.
(h) A licensed private applicator may supervise the use of
a restricted-use or state-limited-use pesticide or a regulated herbicide by
a nonlicensed person on the property owned or controlled by the nonlicensed
person, in accordance with the provisions of the Code, §76.112(a)(2)
and subsection (e) of this section, and provided the licensed private applicator
maintains a record of the application and also provides a record of the application
to the nonlicensed person.
(i) A veterinarian licensed by the State Board of Veterinary
Medical Examiners may supervise a nonlicensed person's use of a restricted-use
or state-limited-use pesticide or regulated herbicide in the course of the
veterinarian's normal practice, provided the veterinarian affords the nonlicensed
person training in accordance with subsection (e) of this section.
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