NY Env Conserv L § 33-0922 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 9-A - Special Permits and Certification for Commerical Application of Aquatic Antifouling Paints 33-0922 - Aquatic Antifouling Paint Business Registration.

§ 33-0922. Aquatic antifouling paint business registration.1.  Notwithstanding  any other provision of law or regulation pursuant   to this title, an aquatic  antifouling  paint  application  business  as   defined in this title shall register with the commissioner.2.  Applications  for  aquatic  antifouling paint application business   registration shall be made to  the  commissioner  and  applicants  shall   provide   such  information  as  the  commissioner  shall  require.  The   application shall be on a form prescribed by the commissioner and  shall   be  accompanied  by  the fee or fees provided in section 33-0911 of this   article.3. An applicant for aquatic  antifouling  paint  application  business   shall  satisfy  standards,  as  determined  by  the  commissioner  to be   appropriate, with respect to knowledge  and  experience  concerning  the   proper  use and application of aquatic antifouling paint application and   equipment.  In  addition  to  any  other  standards  determined  by  the   commissioner  to be appropriate, an applicant shall: (a) employ at least   one person  who  is  a  certified  commercial  pesticide  applicator  or   technician  certified in the application of aquatic antifouling paint or   an aquatic antifouling paint applicator at each location required to  be   registered;  or (b) have entered into a contract with another registered   business that employs a person who is a certified  commercial  pesticide   applicator  or  technician  certified  in  the  application  of  aquatic   antifouling paint or an aquatic antifouling paint  applicator,  pursuant   to  which  contract such registered business has agreed to apply aquatic   antifouling paint at each such location for such applicant.4. Business registration shall be valid for three years.5. When engaged in the commercial application of  aquatic  antifouling   paints,  an  aquatic antifouling paint application business shall ensure   that such aquatic antifouling paints are only applied by an employee who   is a certified commercial pesticide applicator or  technician  certified   in   the   application  of  aquatic  antifouling  paint  or  an  aquatic   antifouling paint applicator, or a person who is a certified  commercial   pesticide  applicator  or  technician  certified  in  the application of   aquatic antifouling paint or an  aquatic  antifouling  paint  applicator   employed  by  another  registered  business with which such business has   contracted to apply aquatic antifouling paints; provided, however,  that   until  such time as authorization for pesticide application by pesticide   apprentices is repealed,  aquatic  antifouling  paint  registered  as  a   general   use  pesticide  may  be  applied  by  a  commercial  pesticide   apprentice who is at least seventeen years of age and employed  by  such   business  (a)  working  under  the  direct  supervision  of  a certified   commercial pesticide applicator, or (b) working under the supervision of   a  certified  pesticide  technician  qualified  in  aquatic  antifouling   paints,  if  such  application  is otherwise done in compliance with the   rules and regulations of the department, and who,  during  the  handling   and  application  of  such  paint, utilizes appropriate safety equipment   including but not limited to  a  respirator,  eye  protection  and  skin   protection.6.  Such  aquatic  antifouling paint application business shall, for a   period of five years, maintain  for  inspection  by  the  department  an   annual  report  listing  the  names  and  certification  numbers  of all   employees  or  contractors  engaged  in  the  application   of   aquatic   antifouling  paints  on  behalf of such business during the prior twelve   months.