(a)  No person shall use or supervise the use of any “restricted use pesticide” which is restricted to use by certified applicators pursuant to § 23-25-9 without first complying with the certification requirements pursuant to § 23-25-13 and any other restrictions as determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use; provided, that a competent person may make an application under the direct supervision of a certified applicator.

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Terms Used In Rhode Island General Laws 23-25-11

  • Certified commercial applicator: means any commercial applicator who is certified under § 23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a pesticide classified for restricted use by EPA or limited use by the director. See Rhode Island General Laws 23-25-4
  • Commercial applicator: means any person (whether or not that person is a private applicator with respect to some uses), including employees of any federal, state, county or municipal agency, department, office, division, section, bureau, board, or commission, who applies or supervises the application of any pesticide for any purpose or on any property other than as provided by the definition of "private applicator". See Rhode Island General Laws 23-25-4
  • Director: means the director of environmental management. See Rhode Island General Laws 23-25-4
  • Environment: includes water, air, land, and all plants and humans and other living animals in it, and the interrelationships which exist among these. See Rhode Island General Laws 23-25-4
  • Land: means all land and water areas, including airspace, all plants, animals, structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or mobile, including any used for transportation. See Rhode Island General Laws 23-25-4
  • Licensed commercial applicator: means any commercial applicator who is licensed under § 23-25-12 as authorized to use or supervise the use of any pesticide not classified for restricted use by EPA or limited use by the director on land not owned or rented by him or her. See Rhode Island General Laws 23-25-4
  • Person: means any individual, partnership, association, fiduciary, corporation, governmental entity, or any organized group of persons whether incorporated or not. See Rhode Island General Laws 23-25-4
  • Pesticide: means :

    (i)  Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

    (ii)  Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Rhode Island General Laws 23-25-4

  • Restricted use pesticide: means a pesticide or pesticide use that is classified for restricted use by the administrator of EPA, or under § 23-25-6(h). See Rhode Island General Laws 23-25-4
  • State limited use pesticide: means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife, other than pests. See Rhode Island General Laws 23-25-4
  • Under the direct supervision: means that on-site supervision of any pesticide application by an appropriately certified or licensed applicator who is responsible for the application and is capable of dealing with emergency situations which might occur. See Rhode Island General Laws 23-25-4
  • Unreasonable adverse effects on the environment: means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See Rhode Island General Laws 23-25-4

(b)  No person shall use or supervise the use of any “state limited use pesticide” which is restricted to use by certified applicators pursuant to § 23-25-9 without first complying with the certification requirements pursuant to § 23-25-13 or 23-25-14 and any other restrictions as determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use; provided, that a competent person may make an application under the direct supervision of a certified applicator.

(c)  No commercial applicator shall use or supervise the use of any pesticide on land without first becoming a licensed commercial applicator under § 23-25-12 or a certified applicator under § 23-25-13 and regulations adopted under these sections, unless he or she is making the application under the direct supervision of a licensed commercial applicator or a certified commercial applicator; provided, that a commercial applicator applying or supervising the application of a pesticide, not classified as a restricted use pesticide or state limited use pesticide, on land owned or rented by him or her or his or her employer need not comply with the requirements under § 23-25-12 or 23-25-13.

History of Section.
P.L. 1976, ch. 191, § 2; G.L. 1956, § 23-41.1-11; P.L. 1979, ch. 39, § 1.