SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.
Approved May 13, 1986.

1600                                            LAWS OF MARYLAND                                       Ch. 433

(p) "Registered employee" means an employee of a firm

engaged in commercial pest control who applies pesticides or

sells pesticide application services and sales personnel who

recommend pesticide usage in contracting for the application.

(q) "Supervision" unless otherwise prescribed by federal or
State labeling means the act or process whereby the application
of a pesticide is made by a competent person acting under the
instructions and control of a certified applicator who is
responsible for the actions of that person and who is available
if and when needed even though such certified applicator may not
be physically present at the time and place the pesticide is
applied.

5-209.

All commercial application of any pesticide shall be under
the supervision of a certified custom applicator, certified pest
control applicator, or certified public agency applicator who is
responsible and liable for the application. All applications of
restricted use pesticides by a certified private applicator shall
be done under his supervision, and he is responsible and liable
for the application.

5-209.1.

(A)  PRIOR TO BEING REGISTERED, ANY EMPLOYEE OF A FIRM WHICH
IS ENGAGED IN COMMERCIAL PEST CONTROL WHO APPLIES PESTICIDES
SHALL BE TESTED BY THE DEPARTMENT. THE REGISTERED EMPLOYED SHALL
ALSO PARTICIPATE IN AN ANNUAL TRAINING PROGRAM APPROVED BY THE
DEPARTMENT.

(1) A LICENSEE OR PERMITTEE SHALL REGISTER WITH THE
DEPARTMENT ANY EMPLOYEE WHO PERFORMS PEST CONTROL.

(2) WITHIN 30 DAYS AFTER EMPLOYMENT, AND BEFORE
REGISTRATION, AN EMPLOYEE, OTHER THAN A CERTIFIED APPLICATOR,
SHALL SUCCESSFULLY COMPLETE TRAINING APPROVED BY THE DEPARTMENT.

(B)  THE DEPARTMENT SHALL ADOPT REGULATIONS TO TEST EVALUATE
THE QUALIFICATIONS OF EMPLOYEES REGISTERED UNDER THIS SECTION

AND FOR APPROVING THE TRAINING PROGRAM. THAT ESTABLISH CRITERIA

FOR APPROVED TRAINING PROGRAMS.