Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 7 - PESTICIDES › Subchapter D - USE AND APPLICATION › Section 7.31 - Supervision

Current through Reg. 49, No. 28; July 12,
				  2024
(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.