Subject 40-21-6 APPLICATION BY UNCERTIFIED PERSONS
Uncertified persons may apply restricted use pesticides or pesticides with State restricted uses only if they are under the direct supervision of a certified applicator. Such direct supervision shall require that the uncertified person carry out all applications under specific instructions, written or oral, from the certified applicator, who shall be responsible for the actions of all persons under his supervision. Unless otherwise required by the label or labeling, the certified applicator is not required to be present at time of application but must be available, if needed by the uncertified person, within a reasonable time through conventional means of communication.
No uncertified person may lawfully apply, under any circumstances, any restricted use pesticide or any State restricted pesticide uses when the label for such pesticide or pesticide use or other restrictions imposed by the Commissioner require application only by a certified applicator.
Certified private applicators may supervise uncertified persons in the application of restricted use pesticides or State restricted pesticide uses only as a "private applicator" as defined in the Act and its regulations. Certified commercial applicators may supervise uncertified persons in the application of any pesticide only in the category (ies) in which they are certified.