35-7-376. Direct supervision.
(a) As used in this section, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available within a reasonable time and distance, even though the certified applicator is not physically present at the time and place the pesticide is applied.
(b) All pesticide applications made for hire shall be under the direct supervision of a certified commercial applicator. All applications of restricted use pesticide shall be made under the direct supervision of a certified applicator. Availability of the certified applicator shall be directly related to the potential hazard of the situation. The certified applicator shall be:
(i) Available by immediate contact through telephone or radio; or
(ii) Physically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.
(c) As used in this section:
(i) Reasonable time by the supervising applicator to on-site is deemed to be not more than one (1) hour response time;
(ii) Reasonable distance by the supervising applicator to on-site is deemed to be not more than fifty (50) air miles.
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