Tenn. Comp. R. & Regs. 0080-09-06-.06

Current through December 18, 2024
Section 0080-09-06-.06 - VIOLATIONS
(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.

Tenn. Comp. R. & Regs. 0080-09-06-.06

New rules filed September 27, 2021; effective 12/26/2021.

Authority: T.C.A. §§ 4-3-203 and 43-8-302.