Code of Massachusetts Regulations
333 CMR - PESTICIDE BOARD
Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators
Section 10.07 - Standards for Supervision of Non-certified Applicators

Universal Citation: 333 MA Code of Regs 333.10

Current through Register 1518, March 29, 2024

(1) Prior to supervising any non-certified applicator, Supervising Certified Applicators must have a practical knowledge of federal and state supervisory requirements set forth by the Department in accordance with M.G.L. c. 132B and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

(2) There shall be a minimum of one Supervising Certified Applicator for each company location that shall supervise non-certified applicators that apply State Limited Use and Restricted Use Pesticides employed by that company at that location. A Supervising Certified Applicator shall supervise no more than 12 non-certified applicators. Upon request, the Supervising Certified Applicator shall provide to the Department, the names and license number of all non-certified applicators under their direct supervision.

(3) A Product Application Guidance Sheet must be developed by a Supervising Certified Applicator for each State Limited Use and Restricted Use Pesticide used by the company. Product Application Guidance Sheets shall include, but not be limited to, the following and shall be maintained in each service vehicle:

(a) Pesticide product name and EPA Registration Number;

(b) Mixing instruction;

(c) Precautions on Environmental and Human hazards that is specific to that product;

(d) Accident instruction;

(e) Sites allowed by company and label where product use is preferred;

(f) Preferred application method allowed by company and label for product;

(g) Product limitations set by company and label; and (h) Copyright date of Label Summary Sheet.

(4) Supervising Certified Applicators shall review State Limited Use and Restricted Use Pesticide label directions and Product Application Guidance Sheets on a yearly basis, or sooner if the product label changes, with all individuals under their supervision, and a record shall be kept of each label review conducted. Records of the label review must be maintained for a period of three years and shall be made available to the Department upon request. Records shall include the following:

(a) Date;

(b) Name and Signature of certified applicator conducting review;

(c) Name of applicator(s) present for label review;

(d) Pesticide Name;

(e) Pesticide EPA Registration Number; and

(f) Copy of Label and Product Application Guidance Sheet that was reviewed.

(5) For all State Limited Use and Restricted Use Pesticide applications, detailed written instructions must be provided to the non-certified applicator using the State Limited Use and Restricted Use Pesticides. Detailed written instruction shall include the Product Application Guidance Sheet and prior identification on the application record/work order that a State Limited Use and Restricted Use Pesticides may be used at a specific address.

(6) Supervising Certified Applicators must respond to non-certified applicators within 30 minutes of notification of issues concerning State Limited Use or Restricted Use Pesticide applications, either in person or via electronic communication media.

(a) In the event that the non-certified applicator cannot reach his or her supervising Certified Applicator, the non-certified applicator must discontinue the use of the Restricted Use or State Limited Use Pesticide(s) until communication has been made and the issue resolved.

(b) The following details of the communication shall be part of the pesticide applicator's record:
1. Date and time of communication;

2. Name and license number of applicator initiating communication;

3. Name of supervising certified applicator and certification number; and

4. Detail description of communication.

(7) Pesticide applicators must maintain a daily vehicle inventory log of all Restricted Use Pesticides and State Limited Use Pesticides. Daily vehicle inventory log must be made available to the Department upon request and shall be maintained for three years. Daily vehicle log shall include the following:

(a) Date;

(b) Vehicle identification number;

(c) List of Restricted Use Pesticide(s) and State Limited Use Pesticide(s);

(d) EPA Registration Number(s); and

(e) Signature and license number of applicator confirming inventory in the vehicle prior to the beginning of each work shift.

(8) Prior to authorizing a subsurface termiticide application, the Supervising Certified Applicator must:

(a) Conduct an in person site inspection unless an onsite inspection is not practical in which case, pictures that show unique features of the site must be reviewed by the supervising certified applicator.

(b) Develop a site graph with supporting photographs.

(c) Review a description of the site, including but not limited to area of concern, i.e. foundation type and condition.

(9) Restricted Use and State Limited Use Pesticide Application Records. In addition to records required pursuant to 333 CMR 10.14, the following must maintained by the Supervising Certified Applicator:

(a) Records require by 333 CMR 10.07(8), when applicable;

(b) Description of specific site treated;

(c) Signature and license number of supervising Certified Applicator confirming review of pesticide application records. Review of application records must be complete within 72 hours of completed pesticide application; and

(d) Summary of any corrective action necessary by supervising Certified Applicator.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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