(a) Aerial applicators shall maintain a log record for a period of thirty-six (36) months on each application. Such record shall be made available on demand to the commissioner for review and copies shall be provided to representatives of the department of agriculture upon request. Aerial applicators located outside the boundaries of the state of Tennessee shall submit a certified copy of any log record for any or all applications as required by the commissioner within forty-eight (48) hours at a time and location designated by the commissioner.

Terms Used In Tennessee Code 43-8-314

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Aircraft: means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form. See Tennessee Code 43-8-301
  • Commissioner: means the commissioner of agriculture, or the commissioner's authorized agent. See Tennessee Code 43-8-301
  • Department: means the department of agriculture. See Tennessee Code 43-8-301
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Label: means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide. See Tennessee Code 43-8-102
  • Person: means any individual, partnership, firm, corporation, company, trust, association, or other legal entity. See Tennessee Code 43-8-301
  • Pesticide: means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. See Tennessee Code 43-8-301
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The log record shall clearly set out the following information relative to each pesticide application:

(1) The pesticide used and its EPA registration number;
(2) The crop or plant to which the pesticide was applied;
(3) The dosage rate of the application;
(4) The approximate acreage to which the pesticide was applied;
(5) The location, description, and GPS coordinates of the area to which the pesticide is applied;
(6) The landowner, producer, or other person employing such aerial applicator’s services;
(7) The date of pesticide application;
(8) The name and Tennessee license number of the aerial applicator; and
(9) The decal number of the aircraft used for the application.
(c) Aerial applicators shall apply all pesticides in a manner that is consistent with the label directions for that product. Aerial applicators must submit evidence to prove that label directions were followed and all restrictions were fully met when requested to do so by the commissioner.
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