NY Env Conserv L § 33-0901 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 9 - Permits and Certification 33-0901 - Commercial Permits.

§ 33-0901. Commercial permits.1.  A  commercial permit is required for the distribution, sale, offer   for sale, purchase for the purpose of  re-sale  or  possession  for  the   purpose of re-sale of a restricted use pesticide.2.  Any  person  desiring  such  a  permit  shall  file an application   containing such information required by the commissioner and in  a  form   prescribed  by  the  commissioner.  The  commissioner  shall examine the   application and shall issue or refuse  to  issue  the  permit  requested   therein.   The   commissioner  shall  impose  whatever  restrictions  or   conditions on the permit he deems appropriate in order to fully  protect   the  public interest. Such a permit shall not be valid for more than two   years as determined by the commissioner. A separate permit  is  required   for each location in the state, and a fee for each location in the state   of six hundred dollars is required.3.  Upon  the  sale  by a commercial permit holder of a restricted use   pesticide to a purchase permit  holder,  the  commercial  permit  holder   shall   cancel   the  permit  in  a  manner  to  be  prescribed  by  the   commissioner.4. The holder of a  commercial  permit  may  purchase  restricted  use   pesticides  for  re-sale  without being required to obtain and present a   purchase permit, as provided for in section 33-0903.5. The holder of a commercial permit must maintain and make  available   to  the commissioner or his agents, for at least two years, accurate and   detailed records accounting for all restricted use  pesticides  acquired   by  him  and  disposed  of  by him, including, but not limited to dates,   names and addresses of all suppliers and the  quantities  acquired  from   each,   and  the  names,  addresses,  permit  numbers  or  certification   identification card  numbers  of  all  purchasers,  and  the  quantities   purchased by each.6.  The  reasons  for  the denial of an application or revocation of a   commercial permit may include, but not be limited to,  the  commissioner   being satisfied of one or more of the following:a.  That any statement in the application or upon which the permit was   issued is or was false or misleading;b. That  the  applicant  or  permit  holder  does  not  have  adequate   facilities   for   the   storage  and  distribution  of  restricted  use   pesticides;c. That the applicant or  permit  holder  has  engaged  in  fraudulent   business practices relating to the sale and distribution of pesticides;d.  That  the applicant or permit holder has failed to comply with any   provision of subdivisions 1 through 5 inclusive of section  33-0303  and   titles  5,  7, 11, 13 and 15 of this article or rules and regulations of   the department made pursuant thereto; ore. That the applicant or permit holder has failed to demonstrate  that   he has sufficient knowledge and experience concerning the proper use and   application of pesticides.7.  A  formal  hearing  shall  not  be required and the commissioner's   decision in denying or revoking a  permit  shall  be  final  unless  the   applicant  or  permit  holder institutes a review within the time and in   the manner prescribed by article 78 of the Civil Practice Law and Rules.