(1) In addition to other requirements of the Act and this chapter, pesticide dealer licensees and pesticide product registration holders shall:
- (a) Maintain areas where pesticides are housed so as to be readily accessible for inspection;
- (b) Maintain records required under this chapter so as to be readily available for inspection;
- (c) Give full information as to the origin or destination of pesticides sold or offered for sale; and,
- (d) Manage and dispose of pesticides in a manner consistent with this division of rules.
(2) In addition to other requirements of the Act and this chapter, pesticide dealer licensees and pesticide product registration holders shall not:
- (a) Sell, offer for sale, or distribute in commerce any pesticide without a pesticide dealer license and product registration required by this chapter;
- (b) Knowingly provide any false, misleading, or incorrect information regarding the sale, offer for sale, or distribution of pesticides in commerce;
- (c) Interfere with a representative of the department in the performance of his or her duties;
- (d) Violate any order issued by the department; or,
- (e) Sell any restricted use pesticide to an uncertified purchaser.
- (3) A person shall not purchase a restricted use pesticide unless he or she is certified by the department for the application of restricted use pesticides.
- (4) A person shall not use pesticide in a manner inconsistent with its labeling.
- (5) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.
- (6) Each violation of the Act or this chapter is grounds for issuance of stop sale or disposal orders for any pesticide held by the violator or his agent; denial or revocation of any registration, certification, or license issued by the department; actions for injunction; and imposition of civil penalties or criminal charges against the violator.
Authority: T.C.A. §§ 4-3-203 and 43-8-106. Administrative History: New rules filed September 27, 2021; effective December 26, 2021.