| (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
Act and related 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 them and have
them 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 a 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 chapter
(relating to Applicator Recertification); or
(B) the nonlicensed employee receiving training on
the appropriate laws and regulations pertaining to pesticide use,
the label information for the use of all pesticides 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
Act, §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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| Source Note: The provisions of this §7.31 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective March 9, 2023, 48 TexReg 1286 |
