(1) Requirements of aerial application licensees.
(a) In addition to other requirements of the Act and this chapter, licensees shall:
- 1. Maintain areas where pesticides and equipment are housed so as to be readily accessible for inspection;
- 2. Maintain records required under this chapter so as to be readily available for inspection;
- 3. Give full information as to the manner of any pesticide application and source of pesticides applied or pesticides held for application; and,
- 4. Manage and dispose of pesticides in a manner consistent with this division of rules.
(b) In addition to other requirements of the Act and this chapter, licensees shall not:
- 1. Apply pesticides for which certification is required unless certified in the applicable category of service;
- 2. Authorize an aerial application of pesticide by an unlicensed person even if under the direct supervision of a licensee;
- 3. Apply pesticide in a manner inconsistent with label directions;
- 4. Falsify the presence of an insect pest or any portion of a record required under this chapter;
- 5. Knowingly provide any false, misleading, or incorrect information regarding the person’s sale, offer for sale, or distribution of pesticides in commerce;
- 6. Interfere with a representative of the department in the performance of his or her duties; or,
- 7. Violate any order issued by the department.
- (2) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.
- (3) Each violation of the Act or this chapter is grounds for issuance of stop work or disposal orders for any pesticide held by the violator or his agent; denial or revocation of any charter, license, or certification 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 43-8-302. Administrative History: New rules filed September 27, 2021; effective December 26, 2021.