(a) In this section, "general use pesticide" means a pesticide that is not a restricted use pesticide. (b) Each commercial application of a general use pesticide shall be done: (1) By: (i) A certified pest control applicator; or (ii) A certified public agency applicator; or (2) Under the supervision of: (i) A certified pest control applicator; or (ii) A certified public agency applicator. (c) Each commercial application of a restricted use pesticide shall be done by: (1) A certified pest control applicator; or (2) A certified public agency applicator. (d) (1) Each private application of a restricted use pesticide shall be done by: (i) A certified private applicator; or (ii) Subject to paragraph (2) of this subsection, an individual working under the direct supervision of a certified private applicator who is certified in the specific category of application being utilized by the individual. (2) A certified private applicator shall ensure that all of the requirements set forth in 40 C.F.R. § 171.201(b)(3) are met before allowing a noncertified individual to use a restricted use pesticide under the certified applicator's direct supervision. (e) (1) Certified pesticide control applicators and public agency applicators are responsible and liable for the application of general use pesticides and restricted use pesticides. (2) Certified private applicators are responsible and liable for the application of restricted use pesticides.
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