§ 35-7-376 — Direct supervision

(a) As used in this section, 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 instructions and
control of a certified applicator who is available within a
reasonable time and distance, even though the certified
applicator is not physically present at the time and place the
pesticide is applied.
(b) All pesticide applications made for hire shall be
under the direct supervision of a certified commercial
applicator. All applications of restricted use pesticide shall
be made under the direct supervision of a certified applicator.
Availability of the certified applicator shall be directly
related to the potential hazard of the situation. The certified
applicator shall be:
(i) Available by immediate contact through telephone
or radio; or
(ii) Physically present on-site when use of the
pesticide poses a potentially serious hazard to people or the
environment.
(c) As used in this section:
(i) Reasonable time by the supervising applicator to
on-site is deemed to be not more than one (1) hour response
time;
(ii) Reasonable distance by the supervising
applicator to on-site is deemed to be not more than fifty (50)
air miles.