§ 4.1-33-16 — Certification exemptions

1. The certification requirements of this chapter do not apply to an individual applying
nonrestricted use pesticides under the direct supervision of a private or commercial
applicator, unless the pesticide label requires that a certified applicator personally
apply the pesticide. A pesticide is applied under the direct supervision of a private or
commercial applicator if the pesticide is applied by an individual acting under the
instruction and control of a certified applicator who is physically available if needed.
The certified applicator need not be present when the pesticide is applied. Direct
supervision with respect to applications using aircraft requires that the pilot of the
aircraft be appropriately certified. The certification requirements of this chapter do not
apply to a competent person applying a restricted use herbicide under the direct
supervision of a private applicator, unless the herbicide label requires that a certified
applicator personally apply the particular herbicide. An herbicide is deemed to be
applied under the direct supervision of a private applicator if it is applied by a
competent person acting under the instruction and control of a private applicator who
is available if needed, even though the private applicator is not physically present at
the time and place the herbicide is applied.
2. The certification requirements of this chapter do not apply to any person conducting
laboratory-type research using restricted use pesticides or to a doctor of medicine or a
doctor of veterinary medicine applying a pesticide as a drug or as medication during
the course of normal practice.
3. The certification requirements of this chapter do not apply to an individual applying
nonrestricted-use antimicrobial pesticides.