Section 4-66-61 - Conditions on the use of restricted use pesticides by non-certified applicatorA person may apply a restricted use pesticide, provided that:
(1) The person is under the direct supervision of an applicator certified in each category applicable to the restricted use pesticide being used.(2) The certified applicator shall give the non-certified applicator use-specific written instructions in a manner the non-certified applicator can understand. The use-specific instructions shall include labeling directions, precautions, and requirements applicable to the site, method of application, and pesticide used. The certified applicator shall ensure that equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition and can reasonably be used without risk by the non-certified applicator. The certified applicator shall ensure that the non-certified applicator has access to the applicable product labeling at all times during use, and if the labeling requires that personal protective equipment be worn, the certified applicator shall ensure that the non-certified applicator has the appropriate clean personal protective equipment available and the equipment is used correctly for its intended purpose. The certified applicator shall ensure that the means to immediately communicate with the certified applicator is available to each non-certified applicator.(3) The certified applicator shall be responsible for all violations of chapter 149A, Hawaii Revised Statutes and these rules.(4) The non-certified applicator shall meet the minimum age requirement to use or apply restricted use pesticides under the supervision of a certified applicator. The non-certified applicator shall also meet any other non-certified applicator qualification requirements specified in title 40, part 171, Code of Federal Regulations (2018).(5) The label of the pesticide being used must not prohibit its use by a non-certified applicator under the direct supervision of a certified applicator.(6) Failure to abide by chapter 149A, Hawaii Revised Statutes and these rules may result in certification revocation, or subject the certification holder to additional penalties as provided by law.[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §171.6 ) (Imp: HRS § 149A-33, 40 CFR §171.6 )[Am and comp 8/23/2019] (Auth: HRS 40 CFR § 171.201 ) (Imp: HRS 40 CFR § 171.201 )