reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.6 - Recertification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to maintain his or her certification, the commercial pesticide applicator shall meet the requirements for recertification as specified by the Department. If the requirements for recertification are not met, the commercial pesticide applicator shall again become certified in accordance with the provisions of this subchapter.
(b) Persons licensed as commercial pesticide applicators whom the Department determines are responsible for a pesticide misuse under the provisions of the Act or this chapter, may be required by the Department to provide evidence of continued competency to apply or supervise the application of pesticides by repeating the certification requirements of N.J.A.C 7:30-6.2.
(c) Provisions of (b) above shall be directed to the responsible commercial applicator for pesticide misuse by himself or herself and/or for pesticide misuse by commercial applicators or commercial pesticide operators under his or her direct supervision.
(d) Any commercial pesticide applicator required under (b) above to become recertified shall be so notified by the Department and shall have a maximum of 30 days from the date of such notice to comply.
(e) Failure to comply with (a) through (d) above will result in the commercial pesticide applicator license being immediately suspended pending the outcome of an expedited hearing which shall be granted the applicator upon request under the provisions of the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.7 - Right of entry or collection of samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to determine compliance with the requirements of the Act or rules promulgated thereunder, the Department may, at reasonable hours, enter any building or place except private residences pursuant to (c) below, for the purpose of investigating an actual or suspected violation relating to pesticides, ascertaining compliance or non-compliance with any rules, regulations or orders of the Department. The Department may conduct an inspection or sampling, and may procure samples for analysis or examination from any premise, lot, package or parcel of pesticide or substance suspected to contain a pesticide. If the owner, operator or agent in charge of the place to be inspected is present, officers or employees of the Department shall notify him or her of their intent to inspect or sample and inform him or her of the reason therefore. Having been so notified, no person shall prevent officers or employees of the Department from conducting such inspection or sampling.
(b) Notification pursuant to (a) above may also consist of a "Notice Of Attempt To Contact" delivered by hand to an employee, an owner, operator or agent in charge, or sent by certified mail, receipt acknowledged.
1. When such "Notice" has been sent by certified mail, the owner, operator or agent in charge of the place to be inspected shall have one week after the date of delivery to contact the Department, Pesticide Control Program and arrange for the inspection or sampling.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.8 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A commercial pesticide applicator shall keep, for each application of pesticides made by him or her or under his or her direct supervision, a record of application containing the following information, unless it is an aquatic pesticide application, in which case a record shall be kept in accordance with N.J.A.C. 7:30-9.3(j):
1. The date of the application.
i. For pesticides having a specific REI listed on the label or labeling, the date of application shall include the hour completed (which signals the beginning of the REI); and
ii. The re-entry time and date;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.9 - Denial, suspension, or revocation of commercial pesticide applicator license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, when it determines that grounds exist, may:
1. Deny an application for a commercial pesticide applicator license;
2. Revoke a commercial pesticide applicator license;
3. Suspend a commercial pesticide applicator license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.10 - Purchase of restricted use pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall purchase a restricted use pesticide unless he or she presents his or her valid certified pesticide applicator license pursuant to this subchapter or N.J.A.C. 7:30-8, or a valid substitute as provided in 7:30-6.1(a)4, 8 or 9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.11 - Responsibility for commercial pesticide operators and handlers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The commercial pesticide applicator co-signing the license application of a commercial pesticide operator, shall be responsible for the commercial pesticide operator having obtained adequate training in the proper use and application of pesticides as required in 7:30-5.2(a).
(b) Notwithstanding the responsibility of any other person or the exemption from the provisions of any other section of this subchapter, the pesticide applicator co-signing the commercial pesticide operator's license application, or the new responsible pesticide applicator pursuant to N.J.A.C. 7:30-5.3(d)1, shall be responsible for any violation of the Act committed by a commercial pesticide operator under his or her direct supervision. This responsibility shall be joint and several.
(c) The commercial pesticide applicator co-signing the license application for the commercial pesticide operator shall be responsible for notifying the Department, Pesticide Control Program, in writing and within 30 days, of any changes in the information contained on the commercial pesticide operator license application, if such notification has not already been given to the Department by the commercial pesticide operator.
(d) Notwithstanding the responsibility of any other person or the exemption of the pesticide applicator from the provisions of this subchapter, the pesticide applicator shall be responsible for any violation of the Act committed by a handler under his or her direct supervision. This responsibility shall be joint and several.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.12 - Assignment of work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall require any individual to make a pesticide application in any category or subcategory in which the individual is not currently certified and licensed as an applicator or trained and licensed as a commercial pesticide operator pursuant to this chapter, unless the individual so assigned is applying pesticides by equipment other than aerial and is working under the supervision of a responsible pesticide applicator, certified and licensed pursuant to this chapter, who is employed by the same business and is physically present at the time, site, and place of application.
(b) No person shall require any individual to perform any task that falls within the definition of handler, unless the individual has been trained as a handler and complies with N.J.A.C. 7:30-12, Agricultural Worker Protection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.13 - Reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The examination provider may waive initial certification testing where an applicant has previously been certified in another state or territory pursuant to a valid certification test given in that state or territory of the United States, provided that the Commissioner, by cooperative agreement, has previously recognized such state or territory as having adopted a certification program substantially equivalent to New Jersey's.
(b) A New Jersey Pesticide Applicator license will be issued pursuant to this section, if the following conditions are satisfied:
1. The examination provider receives proof of a valid certification from any state or territory that has been officially recognized by the State of New Jersey as having a certification program substantially equivalent to New Jersey's and that has signed a cooperative agreement with the State of New Jersey relating to the certification of pesticide applicators and the reciprocal acceptance thereof;
2. The applicant demonstrates to the examination provider, through testing, a knowledge of relevant New Jersey Pesticide Control laws and regulations;
3. All applicable fees are paid. The examination provider shall charge the applicable fee for an examination, notwithstanding that it has waived all, or a portion of, the initial certification testing in accordance with (a) above; and
4. The applicant has no history of violations in his or her state of residence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.14 - Container and containment rule

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State or between points within this State through any point outside this State any pesticide or pesticide container, unless he or she complies with the requirements of 40 CFR Parts 9, 156 and 165 (otherwise known as the Federal Container and Containment regulations).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.1 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall cause, suffer, allow or permit the operation of a pesticide applicator business as defined by this chapter in the State of New Jersey without first licensing such business with the Department on forms provided by the Department.
1. Such person shall provide the Department with the physical location address as well as the mailing address, if the addresses are different.
2. A business is exempt from (a) above if:
i. The only use of pesticides involves the use of the following general use pesticides: antimicrobial agents, wood preservatives, antifouling paints or antifouling agents not classified as restricted use; or
ii. Such person is using any "minimum risk" pesticide exempted from regulation by 7:30-2.1(m)5.
3. Application forms may be obtained by contacting the Pesticide Control Program, PO Box 411, Trenton, NJ 08625-0411.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.2 - Right of entry or collection of samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to determine compliance with the requirements of the Act or rules promulgated thereunder, the Department may, at reasonable hours, enter any building or place except private residences pursuant to (c) below, for the purpose of investigating an actual or suspected violation relating to pesticides, ascertaining compliance or non-compliance with any rules, regulations or orders of the Department. The Department may conduct an inspection or sampling, and may procure samples for analysis or examination from any lot, package or parcel of pesticide or substance suspected to contain a pesticide. If the owner, operator or agent in charge of the place to be inspected is present, officers or employees of the Department shall notify him or her of their intent to inspect or sample and inform him or her of the reason therefore. Having been so notified, no person shall prevent officers or employees of the Department from conducting such inspection or sampling.
(b) Notification pursuant to (a) above may also consist of a "Notice Of Attempt To Contact" delivered by hand to an employee, an owner, operator or agent in charge, or sent by certified mail, receipt acknowledged.
1. When such "Notice" has been sent by certified mail, the owner, operator or agent in charge of the place to be inspected shall have one week after the date of delivery to contact the Department, Pesticide Control Program and arrange for the inspection or sampling.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.3 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every business required to become licensed pursuant to the provisions of N.J.A.C. 7:30-7.1shall keep, for each application of pesticides made by that business, a record of application containing the following information, unless it is an aquatic pesticide application, in which case a record shall be kept in accordance with N.J.A.C. 7:30-9.3(j):
1. The date of application.
i. For pesticides having a specific REI listed on the label or labeling, the date of application shall include the hour completed (which signals the beginning of the REI); and
ii. The re-entry time and date;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.4 - Financial responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Businesses required to become licensed pursuant to 7:30-7.1 shall submit proof of financial responsibility with the license application to the Department. The pesticide applicator business shall maintain financial responsibility at all times while such license is in effect.
(b) Proof of financial responsibility shall be provided by a certificate of insurance, or an alternative acceptable to the Department.
(c) The financial responsibility shall meet or exceed the standards set forth below:
1. For pesticide applicator businesses which do not engage in fumigation pest control:
i. Liability insurance coverage from an insurance company licensed to do business in the State of New Jersey with the equivalent of a $ 300,000 combined single limit of liability for bodily injury and property damage, which includes coverage for completed operations;
ii. As part of the coverage required in (c)1i above, coverage for chemical liability is required, for the types of pesticide application performed. This chemical liability coverage shall provide coverage equivalent to that provided by the Insurance Services Office (ISO) standard endorsement CG 22 64 (which provides chemical liability coverage for the ground application of pesticides by pesticide applicator businesses) or its equivalent.
(1) If chemical liability coverage is not available for the type of pesticide applications performed by the pesticide applicator business, the pesticide applicator business shall obtain written confirmation from its insurance provider and submit this information to the Department's Pesticide Control Program with the license application; and
iii. Each certificate shall certify that the coverage shall not be cancelled for any reason except after 30 days written notice to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.5 - Assignment of work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall require any individual to make a pesticide application in any category or subcategory in which the individual is not currently certified and licensed as a commercial pesticide applicator or trained and licensed as a pesticide operator pursuant to this chapter, unless the individual so assigned is applying pesticides by equipment other than aerial and is working under the supervision of a responsible pesticide applicator, certified and licensed pursuant to this chapter, who is employed by the same pesticide applicator business and is physically present at the time, site and place of application.
1. For the purposes of this subchapter, a person is under direct supervision only if the person supervised and the person supervising are employed by the same business at the same physical location.
2. "Employed at the same physical location" means that the person supervising and the person supervised shall both have physical work spaces at the same physical location. In addition, all records of pesticide application performed by the person supervised shall be kept at the same physical location as the person supervising and shall be immediately available upon request by the Department pursuant to 7:30-7.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.6 - Denial, suspension, or revocation of pesticide applicator business license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, when it determines that grounds exist, may:
1. Deny an application for a pesticide applicator business license;
2. Suspend a pesticide applicator business license; or
3. Revoke a pesticide applicator business license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.7 - Responsibility of a pesticide applicator business for the actions of employees

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the responsibility of any other person or the exemption from the provisions of any other section of this subchapter, each pesticide applicator business shall be responsible for any violation of the Act committed by an employee in the scope of his or her employment. This responsibility shall be joint and several.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.8 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
The pesticide applicator business shall advertise in accordance with the requirements of 7:30-2.12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 7 - PESTICIDE APPLICATOR BUSINESSES › Section 7:30-7.9 - Container and containment rule

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State or between points within this State through any point outside this State any pesticide or pesticide container, unless he or she complies with the requirements of 40 CFR Parts 9, 156 and 165 (otherwise known as the Federal Container and Containment Regulations).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No private pesticide applicator shall engage in, cause, suffer, allow, or permit the use or application of, or supervise the use or application of, any pesticide without first meeting the requirements of certification and licensing as a private pesticide applicator unless:
1. Such person is applying pesticides under the direct supervision of a certified and licensed private pesticide applicator pursuant to 7:30-12.12;
i. For the purposes of this subchapter, a person is under direct supervision only if the person supervised and the person supervising are employed by the same business or agricultural establishment at the same physical location.
ii. "Employed at the same physical location" means that the person supervising and the person supervised shall both have physical work spaces at the same physical location. In addition, all records of pesticide application performed by the person supervised shall be kept at the same physical location as the person supervising and shall be immediately available upon request by the Department pursuant to 7:30-8.8;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.2 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to become certified, an applicant shall pass an examination administered by the Department or a third party approved by the Department. The examination shall include core subject matter, as well as specific category subject matter. The examinations may be written, and when deemed necessary by the Department, may include performance testing, and shall include, but not be limited to, all areas of required knowledge set forth in Federal regulations 40 CFR 171. The core subject matter shall include such areas as pesticide safety and handling, current laws and regulations, understanding of label and labeling information, including the name of the pesticide, the crop, animal, or site to which it will be applied, pest(s) to be controlled, when and how to apply, harvest intervals, related environmental hazards, poisoning symptoms, and disposal techniques. The specific category subject matter shall include areas of required knowledge that are specific to the type of pesticide use performed by the applicator.
1. The third party may charge a fee for administering an examination.
2. The Department will charge $ 100.00 for each examination that it administers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.3 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 12 months after a person has become fully certified and eligible to become licensed as a private pesticide applicator, the certified private pesticide applicator shall complete and file with the Department, on forms provided by the Department, a license application. Any certified pesticide applicator who fails to file for a license within the 12 month period will lose certification status and shall again become certified in accordance with the provisions of this subchapter.
(b) Applications for new licenses will be accepted from certified private pesticide applicators throughout the calendar year. All such licenses will expire on October 31, of the fifth license year following the date of application.
(c) The certification and license of a private pesticide applicator are not transferable.
(d) A private pesticide applicator shall notify the Department, in writing and within 30 days, if any information shown on his or her license application changes.
(e) No person shall be eligible for a license as a private pesticide applicator until reaching 18 years of age.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.4 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certified private pesticide applicator shall renew his or her license on a form supplied by the Department.
(b) A previously certified and licensed private pesticide applicator who has not been licensed with the Department for two consecutive years after the expiration date of his or her registration shall lose certification status and shall again become certified and licensed in accordance with the provisions of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.5 - Continuing certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to maintain his or her certification, the private pesticide applicator shall meet the requirements for continuing certification as specified by the Department. If the requirements for continuing certification are not met, the private pesticide applicator shall again become certified in accordance with the provisions of this subchapter.
(b) Persons licensed as private pesticide applicators who are held to be responsible for a pesticide misuse under the provisions of the Act or regulations promulgated thereunder, may be required by the Department to provide evidence of continued competency to apply or supervise the application of pesticides by repeating the certification requirements of 7:30-8.2.
(c) Provisions of (b) above shall be directed to the responsible private applicator for pesticide misuse by himself or herself and/or for pesticide misuse by private applicators or handlers under his or her direct supervision.
(d) Any private pesticide applicator required under (b) above to become recertified shall be notified by the Department and shall have a maximum of 30 days from the date of such notice to comply.
(e) Failure to comply will result in the private pesticide applicator license being immediately suspended pending the outcome of an expedited hearing which shall be granted the applicator upon request under the provisions of the Administrative Procedures Act, 52:14B-1 et seq., and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.6 - Special licenses

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may issue special permits or limited private pesticide applicator licenses in cases that warrant deviations from the certification requirements of this subchapter. Specialized training and examinations that assure the Department that competency and other necessary requirements are met may be the basis for issuance of special licenses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.7 - Right of entry or collection of samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to determine compliance with the requirements of the Act or rules promulgated thereunder, the Department may, at reasonable hours, enter any building or place except private residences pursuant to (c) below, for the purpose of investigating an actual or suspected violation relating to pesticides, ascertaining compliance or non-compliance with any rules, regulations or orders of the Department. The Department may conduct an inspection or sampling, and may procure samples for analysis or examination from any lot, package or parcel of pesticide or substance suspected to contain a pesticide. If the owner, operator or agent in charge of the place to be inspected is present, officers or employees of the Department shall notify him or her of their intent to inspect or sample and inform him or her of the reason therefore. Having been so notified, no person shall prevent officers or employees of the Department from conducting such inspection or sampling.
(b) Notification pursuant to (a) above may also consist of a "Notice Of Attempt To Contact" delivered by hand to an employee, an owner, operator or agent in charge, or sent by certified mail, receipt acknowledged.
1. When such "Notice" has been sent by certified mail, the owner, operator or agent in charge of the place to be inspected shall have one week after the date of delivery to contact the Department, Pesticide Control Program and arrange for the inspection or sampling.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.8 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person required to be licensed as a private pesticide applicator shall keep, for each application of a pesticide made by him or her or under his or her direct supervision, a record of application containing the following information, unless the application is of aquatic pesticide, in which case a record shall be kept in accordance with N.J.A.C. 7:30-9.3(j):
1. The date of application.
i. For pesticides having a specific restricted entry interval (REI) on the label or labeling, the date of application shall include the hour completed (which signals the beginning of the REI); and
ii. The re-entry time and date;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.9 - Purchase of restricted use pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall purchase a restricted use pesticide unless he or she presents his or her valid certified pesticide applicator license pursuant to this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.10 - Assignment of work

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall require any individual to make a pesticide application in any category or subcategory in which the individual has not been certified and licensed as an applicator pursuant to this subchapter or trained and recognized as a handler pursuant to N.J.A.C. 7:30-12, unless the individual so assigned is applying pesticides by equipment other than aerial and is working under the supervision of a responsible pesticide applicator, certified and licensed pursuant to this subchapter, who is employed by the same business and is physically present at the time, site and place of application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.11 - Denial, suspension, or revocation of private pesticide applicator license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, when it determines that grounds exist, may:
1. Deny an application for a private pesticide applicator license;
2. Suspend a private pesticide applicator license;
3. Revoke a private pesticide applicator license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.12 - Reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The examination provider may waive initial certification testing where an applicant has previously been certified in another state or territory pursuant to a valid certification test given in that state or territory of the United States, provided that the Commissioner, by cooperative agreement, has previously recognized such state or territory as having adopted a certification program substantially equivalent to New Jersey's.
(b) A New Jersey pesticide applicator license will be issued pursuant to this section, if the following conditions are satisfied:
1. The examination provider receives proof of a valid certification from any state or territory that has been officially recognized by the State of New Jersey as having a certification program substantially equivalent to New Jersey's and that has signed a cooperative agreement with the State of New Jersey relating to the certification of pesticide applicators and the reciprocal acceptance thereof;
2. The registrant demonstrates to the examination provider, through testing, a knowledge of relevant New Jersey Pesticide Control laws and regulations;
3. All applicable fees are paid. The examination provider shall charge the applicable fee for an examination, notwithstanding that it has waived all or a portion of the initial certification testing in accordance with (a) above; and
4. The applicant has no history of violations in his or her own state of residence.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.13 - Responsibility for the action of employees

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the responsibility of any other person or the exemption from the provisions of any other section of this subchapter, each employer shall be held responsible for any violation of the act committed by his or her employee in the scope of his or her employment. This responsibility shall be joint and several.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 8 - PRIVATE PESTICIDE APPLICATORS › Section 7:30-8.14 - Container and containment rule

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State or between points within this State through any point outside this State any pesticide or pesticide container, unless he or she complies with the requirements of 40 CFR Parts 9, 156 and 165 (otherwise known as the Federal Container and Containment Regulations).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.2 - Mosquito/fly control permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall apply any pesticide on a community or area wide basis for the control of larval, pupal or adult forms of mosquitoes (in the Family Culicidae) and/or flies (in the Order Diptera) without having obtained a mosquito/fly control permit from the Department prior to the date of application.
(b) A mosquito/fly permit shall not be required:
1. If applications are for agricultural purposes; or
2. For programs which are conducted by or controlled by a county mosquito control agency pursuant to the provisions of the Mosquito Extermination statutes (26:9-1 et seq.).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.3 - Aquatic pesticide permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall apply an aquatic pesticide on any aquatic site without having obtained an aquatic pesticide permit for an aquatic application from the Department prior to the intended date of application.
(b) An aquatic pesticide permit shall not be required if the application is to aquatic sites and:
1. The application is made to waters, which are not used as a source of potable water, have no outlet and which are bounded by land wholly owned or rented, and controlled, by one person;
2. The application is made to waters, which are not used as a source of potable water and is made for the control of mosquitoes or flies and the application procedure requires approval pursuant to the provisions of 7:30-9.2(a)  or the application is made by the appropriate lead agency operating under the provisions of the Mosquito Extermination statutes (26:9-1 et seq.);
3. The application is made to retention basins, drainage ditches with no water flow, and similar sites that are designed to collect and retain water for percolation back into the ground, which are not used as a source of potable water, and where there is no normal outflow into natural waterways; or
4. The application is made with an aquatic pesticide which qualifies as a "minimum risk" pesticide exempted from regulation by 7:30-2.1(m)5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.4 - Aquatic notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No application of an aquatic pesticide which requires an aquatic pesticide permit shall be made without the following notification provisions being carried out by the applicator or applicator business:
1. The applicator or applicator business shall provide the contracting party (person or organization requesting treatment) with pretreatment notification. This notification shall be provided in writing and prior to any treatments being made.
i. The contracting party shall be given sufficient time to review and take appropriate precautions, if needed, to minimize potential exposure to the treated water by any person, pet, domestic animal or irrigated plant life.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.5 - Storage of pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Restricted use pesticides and containers contaminated by residues of restricted use pesticides shall, when unattended, be stored in a secure, locked enclosure. Such an enclosure shall bear prominently displayed warnings in English and any other language or languages as may be designated by the Department to reflect the ethnic majority of the local geographical area in which the storage area is located.
(b) Any person required to be a licensed pesticide applicator or dealer who stores any pesticide shall maintain a list of the pesticides stored or likely to be stored during the license year and shall annually send a copy of this list with an explanatory cover letter to the local fire company along with a written description or diagram depicting the exact location of the area on the property where the pesticide is stored; provided that the provisions of this subsection shall not apply to individuals who are storing pesticides for their personal use on their private residence or persons who are storing pesticides for less than seven calendar days at loading or application sites in connection with their use.
1. The list shall be updated and sent to the local fire company each year by May 1.
2. The list shall be kept at a location which is separate from the actual storage site.
3. The cover letter shall explain that this list has been sent pursuant to 7:30-9.5(b).
4. A copy of each year's cover letter shall be kept on file for three years and shall be provided immediately upon request by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.6 - Containers and container labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall store, transport, or otherwise possess any pesticide if part or all of its registered label or labeling is missing, obscured, altered, unreadable or otherwise damaged beyond use or recognition. The provisions of this subsection shall not apply to pesticides in service containers, pesticides contained in application equipment, pesticides in the process of manufacturing or formulating, or pesticides in the possession of public officials of this State or Federal government while engaged in the performance of their official duties in administering State or Federal pesticide law.
(b) No person shall store, transport, or otherwise possess any pesticide in any service container unless the service container has attached to it a copy of the registered label that represents the pesticide contained therein or a readable label with the following information:
1. Brand or trade name;
2. EPA Registration Number;
3. Name and percentage of active ingredients in the service container; and
4. Appropriate signal word; that is, Danger-Poison, Warning, or Caution.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.7 - Disposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall dispose of pesticides, pesticide containers, or equipment that holds or has held a pesticide in a manner that causes harm or injury to persons or the environment, or a significant risk of harm, injury or damage.
(b) No person shall dispose of pesticides, pesticide containers, or equipment that holds or has held a pesticide in a manner that is in violation of State or Federal law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.8 - Emergency containment and disposal of pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever any fire, explosion, casualty, or any other event or circumstance results in upset or spillage of any pesticide, or results in the placement or location of any pesticide such that it might move, flow, seep or in any way emanate from such location into the air, into any adjacent property, into any drain or sewer, into any source of potable water, into any ground water or into any of the waters of this State, then such pesticide shall immediately be contained, covered, or removed or such other steps taken in accordance with this section, as may be necessary to stop or prevent any such movement, flow seepage or emanation.
(b) The responsibility for the measures required by this section shall be jointly and severally upon:
1. The owner of the premises upon which such pesticide is located;
2. The person responsible for the presence of the pesticide on the premises; and
3. Any person responsible for the upset, spill, or circumstances resulting in such placement or location of the pesticide described in this paragraph.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.9 - Pesticide application and safety equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall apply a pesticide unless the application equipment is properly maintained.
(b) No person shall apply a pesticide unless the application equipment is properly calibrated.
(c) All persons having employees who use, apply, transport, or otherwise handle any pesticide shall make available to such employees any necessary or appropriate safety equipment in good working order and shall train such employees in the proper operation of such safety equipment.
(d) No person required to be registered as a pesticide applicator or commercial pesticide operator under N.J.A.C. 7:30-5, 6 or 8, or as a handler under N.J.A.C. 7:30-12, shall mix or load any restricted use 2,4-D compound unless the appropriate safety equipment is worn, a minimum of which shall be chemical resistant gloves and eye protection, to consist of either goggles or a face shield.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.10 - Notification: community or area wide applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this section shall apply only to the following types of pesticide application, if performed on aggregate areas of more than three acres:
1. All aerial applications, unless performed for the production of an agricultural commodity or for mosquito larviciding;
2. Right-of-way type applications. These applications include, but are not limited to pesticide applications performed along roadways, powerlines, railroads, and pipelines;
3. All mosquito adulticiding applications; or
4. All aquatic applications, except mosquito larviciding applications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.11 - Notification to beekeepers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall make an outdoor application of a pesticide product that has information on its label or labeling noting that the product is toxic to bees, unless such person first notifies, at least 24 hours prior to the date of application, each beekeeper who:
1. Desires notification;
2. Owns, operates, or maintains a beeyard or beehive inhabited by honeybees or native bees located within three miles of the target site; and
3. Has been registered with the Department by March 1 of the calendar year in which the applications subject to the notification requirements of this section will occur.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.13 - Notification: turf or ornamental applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The types of pesticide applications covered by this section are those performed by applicators who are required to be commercial certified pesticide applicators certified in Categories: 3A--Ornamentals; 3B--Turf; 3C--Interior plantscaping; 7A, 7B, 7D, 8A, 8C--Treatments which include perimeter barrier treatments beyond two feet, shade trees, lawn areas, shrubbery or brushy areas; 6A--General vegetation management; or performed by someone working under the direct supervision of such a commercial applicator. The provisions of this section need not be followed when using "minimum risk" pesticides exempted from regulation by 7:30-2.1(m)5.
(b) At single family residences, no commercial application of pesticides shall be made for the control of turf or ornamental pests on residential properties 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)4 below:
1. Signs shall be posted on the treated property, at the start of the application and may be removed after 72 hours.
i. The signs shall be white in color and bear the words, "Pesticide Treated Area" in letters at least one-half inch high;
(1) All of the information required in (b)1i through v, shall be printed in a dark color, which sufficiently contrasts with the white background of the signs;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.14 - School notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No commercial or private outdoor pesticide application shall be made on sites within 250 feet from a school property line on those properties that are abutting and contiguous to the school with any equipment operating at greater than 60 psi unless the following provisions are carried out:
1. The responsible pesticide applicator shall contact a responsible school official prior to application to notify him or her of the possibility of future applications and learn if the school official desires notification of the applications.
i. If the school desires notification, the responsible applicator and the responsible school official may negotiate a notification agreement which may be verbal, but should be in writing if possible to avoid misunderstanding.