Ariz. Admin. Code § 3-8-401

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-8-401 - Supervising an Applicator

A. A QP and business licensee shall ensure that an applicator receives the training, equipment, and supervision that the applicator requires to comply fully with the PMD's statutes, this Chapter, and label and labeling directions.

B. A QP shall be readily available to an applicator while the applicator provides pest management services.

C. A QP shall ensure that the use, application, storage, or disposal of a pesticide is performed or supervised by an individual certified in a category applicable to the pesticide being used, applied, stored, or disposed.

D. A QP shall ensure that immediate supervision, which requires supervision by a certified applicator who is physically present, is provided when an uncertified applicator performs pest management services in the wood-destroying organism management, aquatic, or fumigation category, uses a restricted use pesticide, or uses a pesticide under an experimental use permit. A QP shall ensure that a certified applicator provides immediate supervision to not more than two uncertified applicators at a time.

E. In circumstances other than those described in subsection (D), a QP shall ensure that direct supervision, which does not require a supervising certified applicator to be physically present, is provided. A QP shall ensure that a certified applicator providing direct supervision considers the potential danger to the public or environment if the uncertified applicator misuses a pesticide. A QP shall ensure that a certified applicator providing direct supervision instructs the uncertified applicator in the following areas and has written evidence that the instruction was provided and understood:

1. Proper loading, mixing, applying, storing, and disposing of the pesticide;

2. Use of required safety equipment; and

3. Method and means by which to contact the supervisor immediately.

F. A QP shall ensure that an applicator has the protective clothing, safety supplies, and equipment specified by the label or labeling of each product used by the applicator and by the PMD's statutes and this Chapter. The QP shall ensure that the applicator is instructed regarding how to use, maintain, clean, and store the protective clothing, safety supplies, and equipment.

G. A QP, business licensee, and political subdivision shall not allow an uncertified applicator to apply a pesticide for more than 120 days after the applicator is registered.

H. Direct Supervision Requirements For Restricted Use Pesticides. When a restricted use pesticide is applied by a non-certified applicator, the certified applicator providing direct or immediate supervision shall meet the requirements of 40 CFR § 171.201(a) through (d) (82 FR 1040, January 4, 2018). This material is incorporated by reference, is on file with the Department, and does not contain any later amendments or additions.

Ariz. Admin. Code § R3-8-401

Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.