West Virginia Code 19-16A-10 – Restricted use pesticides
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No person may use any pesticide classified for restricted use unless that person has first complied with the certification requirements of the rules promulgated pursuant to this article, unless such person is acting under the direct supervision of a certified applicator.
Terms Used In West Virginia Code 19-16A-10
- Certified applicator: means any person who is certified under this article to use or supervise the use of any restricted use pesticides or general use pesticides for hire. See West Virginia Code 19-16A-3
- Direct supervision: means that unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the verifiable instructions and control of a certified applicator who is available when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. See West Virginia Code 19-16A-3
- Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See West Virginia Code 19-16A-3
- Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any undesirable insects, rodents, nematodes, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals or which the commissioner may declare to be a pest and any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant or herbicide. See West Virginia Code 19-16A-3