WILLIAM DONALD SCHAEFER, Governor                   Ch. 744

5-201.

(a) In this subtitle the following words have the meanings
indicated.

(p) "Registered employee" means an employee of a firm
engaged in commercial pest control who:

(1) [applies] APPLIES pesticides or sells pesticide
application services and sales personnel who recommend pesticide
usage in contracting for the application;

(2) HAS SUCCESSFULLY COMPLETED TRAINING APPROVED BY
THE DEPARTMENT; AND

(3) IS REGISTERED WITH THE DEPARTMENT.

(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] REGISTERED

EMPLOYEE acting under the instructions and control of a

[certified applicator] CERTIFIED CUSTOM APPLICATOR, CERTIFIED
PEST CONTROL APPLICATOR, OR CERTIFIED PUBLIC AGENCY APPLICATOR
who is responsible for the actions of that person and who is

[available if and when needed even through such certified

applicator may not be] physically present at the time and place
the pesticide is applied.

5-209.1.

(a)  (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.

(3) AN EMPLOYEE WHO HAS NOT SUCCESSFULLY COMPLETED
TRAINING IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (2) OF
THIS SUBSECTION MAY ONLY APPLY PESTICIDES IF A CERTIFIED
APPLICATOR OR REGISTERED EMPLOYEE IS PHYSICALLY PRESENT AT THE
TIME AND PLACE THE PESTICIDE IS APPLIED BY THE EMPLOYEE.

(b)  The Department shall adopt regulations that establish
criteria for approved training programs.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

Approved June 2, 1987.

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