Pesticide Charters

These rules apply to anyone engaged in commercial pest control, supervising pesticide applications that require certification, or conducting inspections for wood-destroying insect reports per Tenn. R. & Regs. 0080-09-.01.

A pesticide charter is required for each office conducting commercial pest control services per Tenn. R. & Regs. 0080-09-.01.

No. They are not transferable between individuals or entities per Tenn. R. & Regs. 0080-09-.01(4).

Applications can be found here Charter Company Application. Applications must include the following information per Tenn. R. & Regs. 0080-09-.03 and in accordance with T.C.A. 62-21-108, T.C.A. 62-21-109 and T.C.A.62-21-121.

• Name of the applicant 
• Contact Information for applicants, including the name of the person legally responsible for the applicant's operations, telephone number, email address, and physical and mailing address of the place of business. 
• Name and TDA license number for each license holder working under the charter. 
• Proof of bond and Insurance 

1.     Charter Insurance: needs a minimum of $250,000 single occurrence of liability and $500,000 aggregate liability. T.C.A. 62-21-108
2. Errors and omissions: minimum of $100,000 for single occurrence and $300,000 aggregate liability. You are only required to have this coverage if you have a WDO license. Errors and Omissions must be listed on the Certificate of Insurance for WDO license holders. T.C.A. 62-21-108
3. Surety bond for new charters (for any structural license category which includes the following licenses: WDO, GRC, FUM, BDC): need a $50,000 surety bond for the first 3 years. In the 4th year and thereafter, the surety bond shall be $10,000 per year. T.C.A. 62-21-121
4. Surety bond: The amount of such bond shall be at least $10,000. (T.C.A. 62-21-107(c)) for all others not listed above. 
5. Insurance and bond must display the physical address of the charter listed on the document. Must have current expiration dates. 

• Roster of all solicitors and technicians (including name and TDA certification number and last 4 digits of Social Security Number) authorized to solicit pest control business or to enter into a contract on the charter's behalf. T.C.A 62-21-109

Charter holder shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.  

Licenses and charters expire on June 30 of odd-numbered years. Certifications follow a 3-year cycle (6/30/2026-6/30/2029). Charter Insurance and Bond require current expiration dates.

They can retake required exams or earn continuing education units (CEUs) based on their service category.

•  Click for Commercial Applicator CEU information: Pesticide Applicators – Commercial (including CEUs)
• Click for Private applicator CEU information: Pesticide Applicators – Private (including CEUs)

Commercial applicators shall maintain records for each custom application of pesticides and each application of restricted use pesticides that they apply or that they authorize by direct supervision. Each application shall include:

• Applicator's first and last name, certification number, and last 4 digits of Social Security Number.
• Trade name, as it appears on the product label, of the pesticide applied. 
• Address where the application was made 
• Date of application 
• Target area (e.g. crop, plant, house, business, or building where the pesticide was applied) 
• Target Pest. For mixtures of pesticides made in a single application, the record must clearly indicate which pests were targeted by the separate pesticides in the mixture. 
• Total amount of pesticides applied 
• Percentage use dilution 
• Application rate 
• First and last name of property owner or tenant where pesticide applied 
• For each application of a restricted-use pesticide, the application record shall include the EPA registration number of the pesticide applied and the time of application. 

Tenn. R. & Regs. 0080-09-.06
 

Records must be maintained for at least 2 years per Tenn. R. & Regs. 0080-09-.06 (5).

Yes. The department may inspect locations, equipment, pesticides, and records to ensure compliance per Tenn. R. & Regs. 0080-09-.07.

Gas masks must be available, warning signs must be posted, entry must be restricted, and the area must be cleared before re-entry per Tenn. R. & Regs. 0080-09-04-.08. Must follow the PPE requirements on the pesticide product label of the pesticide product you are using for Fumigation.

Yes, a written contract shall be executed in duplicate before any pesticide application. Requirements for a written contract include

• A date of inspection and graph of the property covered by the contract, showing portions of the property exhibiting the presence of visible wood-destroying insects or damage caused by wood-destroying insects.
• A provision for transfer of the contract to subsequent owners or renters of the property within the term of the contract; and 
• A unique number to distinguish the contract from other contracts issued by the chartered pest control operator.
  Any contract for control of termites shall include a one-year warranty providing for retreatment of the property. 
• Guarantees for damage caused by wood-destroying organisms during the term are optional. Any contract that does not provide a damage guarantee shall clearly indicate the absence of a damage guarantee in one-half inch tall letters on the front of the agreement. 
• For each property under contract, charter holders must conduct an annual inspection of the property and document the date of inspection. If termite activity is discovered inconsistent with the previous graph, the charter holder must make application of an appropriate pesticide and create a new graph of the property showing the new termite activity. Copies of records for annual inspections and treatments shall be made available within 48 hours of request by the contracting party. 

Tenn. R. & Regs. 0080-09-04-.08 (3)
 

Examples include applying pesticides without certification, not following label directions, falsifying records, employing unregistered workers, interfering with inspections, and not having current charter insurance and bond.

Tenn. R. & Regs. 0080-09-04-.09
 

Violations may result in stop work orders, license or certification revocation, civil penalties, or criminal charges.

Tenn. R. & Regs. 0080-09-04-.09

Limited herbicide applicators are exempt from charter, licensing, and record-keeping requirements associated with applications of Glyphosate covered by the C09 certification, provided that:

• Glyphosate application equipment is limited to a single, hand-held nozzle supplied by a tank with a maximum capacity of 25 gallons and an electric or hand-powered pump with a maximum discharge rate of 1.5 gallons per minute;
• The name of the business and certification number are displayed on company vehicles in the same manner as required for display of charter numbers under the Act; 
• Records are made to include the date and property address of each application, and the records are maintained for two years from the date of application; and, 
• The certification holder does not allow any uncertified person to make application of the pesticides even under direct supervision. 
• Applications of Glyphosate stored, provided, or mixed by a homeowner or renter are deemed personal use applications of the owner or renter. 

Tenn. R. & Regs. 0080-09-04-.08 (2)

• Notwithstanding allowances under any state or federal law, pesticide applicators shall not exceed a 10% variance of label directions when mixing or applying termiticides. 
• Applicators may perform less than complete treatments if: 

1. The applicator informs the contracting party of possible outcomes associated with a less than complete treatment; 
2. Acceptance of less than complete treatments is noted in bold font within the contract for services and initialed by the owner or tenant of the property contracting for service; and, 
3. The applicator marks on the graph of the property where less than complete treatments will be performed. 

• Unless contrary to pesticide label directions, pretreatments for new construction shall be completed within 90 days after backfill of the project
• Charter holders shall maintain copies of all contracts under this rule for two years following expiration of the contract. 
• Charter holders shall maintain inspection records and associated graphs under this rule for two years following the date of inspection. 

Tenn. R. & Regs. 0080-09-04-.08 (3)(b)(1)

• For active infestations, the applicator must inform the property owner or agent of potential risk in making the application and alternatives before making a pesticide application. 
• For preventative treatments of existing structures. Applicators may make pesticide applications to prevent wood destroying beetles in existing structures only if: 

1. Applied according to label directions 
2. Prior to application, the applicator tests the wood moisture content in the target area using an instrument designed to measure moisture content of wood; 
3. At least five areas where the wood moisture content is tested show moisture content of at least 18%; and, 
4. The applicator provides a written report to the property owner or agent detailing these findings to be included in the contract for control of the wood destroying organism. 

• Charter holders shall maintain copies of all contracts under this rule for two years following expiration of the contract. 
• Charter holders shall maintain inspection records and associated graphs under this rule for two years following the date of inspection.

Tenn. R. & Regs. 0080-09-04-.08 (3)(b)(2)