Section 0080-09-04-.09 - VIOLATIONS(1) In addition to other requirements of this chapter,(a) Certified pesticide applicators shall maintain areas where pesticides and equipment are housed so as to be readily accessible for inspection;(b) Certified pesticide applicators shall maintain records required under this chapter so as to be readily available for inspection;(c) Certified pesticide applicators shall give full information as to the manner of any pesticide application and source of pesticides applied or pesticides held for application;(d) Certified pesticide applicators shall manage and dispose of pesticides in a manner consistent with this division of rules;(e) A person shall not apply pesticides for which certification is required unless certified or operating under direct supervision of a certified person. This provision does not limit stricter application requirements otherwise included in this chapter of rules;(f) A person shall not authorize by direct supervision any application of pesticide unless certified in the category of service for which the pesticide is applied;(g) A person shall not oversee the technical service work of a branch office unless licensed in the category of services for which pesticide services are advertised or applied;(h) Certified pesticide applicators shall not apply or supervise applications of pesticide inconsistent with the pesticide's label directions;(i) Certified pesticide applicators shall not give less than complete treatments of pesticide unless:1. The less than complete treatment is authorized by the pesticide's label directions or state or federal law;2. A complete treatment is ill-advised or prevented by physical conditions of the target area; or,3. The property owner or tenant for whom the treatment is applied requests less than complete treatment;(j) Certified pesticide applicators shall not falsify the presence of an insect pest or any portion of a record required under this chapter;(k) Pesticide charter holders shall not employ any person as a solicitor or non-clerical employee unless the person is registered with the department;(l) A person shall not knowingly provide any false, misleading, or incorrect information regarding the person's sale, offer for sale, or distribution of pesticides in commerce;(m) A person shall not interfere with a representative of the department in the performance of his or her duties; and,(n) Pesticide charter holders, licensed pest control operators, and certified pesticide applicators shall not violate any order issued by the department.(2) Pesticide charter holders, licensed pest control operators, and certified pesticide applicators are 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.Tenn. Comp. R. & Regs. 0080-09-04-.09
Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective 12/26/2021.Authority: T.C.A. §§ 4-3-203 and 62-21-118.