SECTION 7.31. Supervision

(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.

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