NY Env Conserv L § 33-0905 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 9 - Permits and Certification 33-0905 - Pesticide Applicator Certification.

§ 33-0905. Pesticide applicator certification.   1.  Any person who engages in the commercial or private application of pesticides or the sale of restricted use pesticides shall  be  certified by  the  commissioner  except  as  provided  in  subdivision two of this section. No certification shall be valid  unless  the  certified  person also holds a valid identification card issued by the commissioner.   2.  The  provisions  of  this  article  relating  to  registration and certification shall not apply to:   a. residential application of pesticides as defined in  this  article; or   b.  private  application of a general use pesticide as defined in this article.   2-a. The commissioner may, pursuant  to  paragraph  e  of  subdivision three  of  section 33-0303 of this article, adopt regulations on the use of pesticides including the appropriate method and setting for  the  use of  pesticides  classified by the United States environmental protection agency as an exempt material under 40  CFR  part  152.25,  often  called minimum  risk  pesticides, which are exempt from the requirements of the Federal Insecticide, Fungicide and  Rodenticide  Act.  Such  regulations shall  encompass  all  factors  necessary to prevent damage or injury to health, property and wildlife.   3. a. Application for pesticide applicator certification shall be made to the commissioner. 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.   b. An applicant for certification shall satisfy the commissioner as to his  knowledge  and experience concerning the proper use and application of pesticides and pesticide application  equipment  through  examination prior  to  initial  certification. Recertification shall be by training, workbook, or examination as required by the commissioner.   c. Upon certification, the commissioner shall  certify  the  applicant for  the  appropriate  category  of  certification  and  shall  issue  a certification identification card to the  applicant.  The  certification may  restrict  the  applicant  to  the use of a certain type or types of equipment or materials.   d. Except as provided in paragraph e of  this  subdivision,  pesticide applicator  certifications  shall  be  valid for three years after which every applicator shall recertify according to the requirements  then  in effect.  Certification  identification  cards  shall  be valid for three years.   e. Private applicator certifications shall be  valid  for  five  years after  which  every  such  applicator  shall  recertify according to the requirements  then   in   effect.   Private   applicator   certification identification cards shall be valid for five years.   g.  The  commissioner  is  authorized  to  provide  all  examinations, training  materials,  applications,  and  any  other  forms  or  written materials   necessary   for   a  private  and/or  commercial  applicator certification in  Spanish  for  applicants  whose  primary  language  is Spanish  and for other languages if the commissioner deems it necessary. The commissioner may require applicants for registration  of  pesticides to  make  available  pesticide  label  information  and  instructions in Spanish and other languages, when necessary, for  applicators  certified in Spanish or other languages.   4.  Certified  pesticide  applicators  shall maintain such records and shall furnish such reports concerning the application of  pesticides  as the  commissioner  shall  require. All records required to be kept under this section shall be available for inspection by the commissioner.    5. a. Every certified applicator shall, prior to the application of  a pesticide  within or on the premises of a dwelling, supply the occupants therein  with  a  copy  of  the  information,  including  any  warnings, contained  on the label of the pesticide to be applied. Such information shall  be  supplied  in  either  a written, digital or electronic format which shall be determined by the occupants of  such  dwelling,  provided however  that  the certified applicator must also have a written copy of such information in his/her possession.   b. Except as provided  in  paragraph  c  of  this  subdivision,  every certified  applicator  shall,  prior  to  the application of a pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling supply the owner or his agent, with a copy of  the information,  including  all  warnings,  contained  on  the label of the pesticide to be applied. Such information shall be supplied in either  a written,  digital  or electronic format which shall be determined by the owner  or  his  or  her  agent,  provided  however  that  the  certified applicator  must  also have a written copy of such information in his or her possession. Such owner or agent shall make available upon request at reasonable times such information  in  written  or  electronic  form  if available  to  the  occupants  or  residents  of such multiple dwelling, building, or structure.   c. In the case where an occupant of a multiple dwelling unit retains a certified  applicator  to  apply  pesticides  within  such  unit,   such certified  applicator  shall,  prior  to the application of a pesticide, supply any information, including all warnings, contained on  the  label of the pesticides to the occupants.   d. For the purposes of this subdivision:  (i) A "dwelling" is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place for one or two families;  (ii)  A  "multiple  dwelling"  shall  mean any dwelling which is to be occupied by or is occupied as the residence or home  of  three  or  more families living independently of each other;  (iii) A "multiple dwelling unit" shall mean that portion of a multiple dwelling  occupied  by  one  or more persons as the residence or home of such persons; and  (iv) "Premises" shall mean land and improvements or  appurtenances  or any part thereof.