New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.12 - Notification: household or structural pest control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The types of pesticide application covered by this section are those performed by applicators who are required to be commercial certified pesticide applicators in Categories: 7A--General and household, 7B--Termite and other wood destroying, 7C--Fumigation, 7D--Food processing, 7E--Wood preserving pest control (in structures), 8A--General public health (see exception in (e) below), 8C-Campground, and 12A--Water sanitization; or by a person working under the direct supervision of a commercial certified pesticide applicator in the above categories. The types of pesticide application not covered by this section are applications made by: private pesticide applicators; commercial certified pesticide applicators in Categories: 1A--Agricultural plant, 1B--Agricultural animal, 2--Forest, 3A--Ornamental, 3B--Turf, 3C--Interior plantscaping, 4--Seed treatment, 5--Aquatic, 6A--General vegetation management, 6B--Right-of-way, 7F--Antifoulant, 8B--Mosquito, 8D--Cooling water, 8F--Pet grooming, 9--Regulatory, 10--Demonstration and research (in the above "not covered" categories), 11--Aerial, and 12B--Sterilization; applications with "minimum risk" pesticides exempted from regulation by 7:30-2.1(m)5; and also applications to "mobile structures," such as automobiles, buses, planes and ships.
(b) At single family residences, no commercial application of pesticides shall be made for the control of household or structural pests without the following provisions being carried out, and sufficient time given to take appropriate precautions, if needed, to minimize potential exposure to individuals, pets and non-target sites; except as delineated in (b)3 below:
1. No application shall be made until the residents of the property are given the opportunity to review the following consumer information notice, which shall be provided by the commercial applicator or applicator business in writing or by electronic mail to the contracting party/residents and shall contain, at a minimum, the following:
i. A statement that the exact dates of application shall be available if requested, by the contracting party/residents;
ii. The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients);
(1) When an advance list of possible pesticides for each application has been given to the person to be notified, then the applicator or applicator business shall leave written notice of the specific pesticide used on the application date.
(2) The exercise of this option shall not defeat the purpose of (b)1iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;
iii. Label instructions relating to resident or general public safety, including specific precautions for each pesticide;
(1) Such label instructions may include instructions to vacate for the time specified on the label, or to cover or remove certain objects, such as food, dishes, aquariums, etc. Giving such instructions to the residents does not relieve the applicator of responsibility to insure that applicable label directions are carried out;
iv. The name, address and telephone number of the applicator or applicator business;
v. The telephone number of the National Pesticide Information Center for general health and pesticide toxicology information and the New Jersey Poison Information and Education System telephone number for emergency situations;
vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints";
vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party; and
viii. The statement: "Sanitation, as well as physical and biological control measures, should be considered as a part of a good pest control program. Pesticides may be used as another part of a good pest control program. Pesticides are substances used to control living organisms and vary in degree of toxicity."; and
ix. For termite control applications, a copy of 7:30-10.4 or a Department approved summary of 7:30-10.4.