reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.15 - General notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following applies to all applications covered under commercial Category 1A, 2, 3A, 3B, 3C, 5, 6A, 6B, 7A, 7B, 7C, 7D, 8A (see exception at 7:30-9.11(e)  ), 8B (except mosquito larviciding by ground application), and 8C:
1. No person shall make an application of pesticides in the categories of pest control noted in (a) above without complying with (b) below where a person not previously notified requests to be notified of such an application or where conditions indicate that notification in addition to that specified in this subchapter is necessary to prevent a significant risk of harm, injury or damage.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.16 - General agricultural notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any private or commercial pesticide applicator, who has been issued any notice by the Department for violations of regulations concerning pesticide drift, direct application to non-target site(s), or misuse involving risk or actual harm, injury or damage to persons or the environment, which has occurred during the course of producing an agricultural commodity shall be subject to these notification requirements.
1. This requirement to notify shall commence upon the applicator's receipt of the notice as specified in (a) above and shall continue for a period of five years.
2. Should the applicator receive another notice for a violation concerning pesticide drift, direct application to non-target sites, or misuse as specified in (a) above during this five year period, then a new five year period shall commence with the applicator's receipt of the latest violation notice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.17 - Reporting of pesticide spills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensed pesticide dealer, dealer business, commercial pesticide operator, pesticide applicator, or any licensed pesticide applicator business, or any person required under the provisions of the Act and N.J.A.C. 7:30-3, 4, 5, 6, 7, or 8 to be a licensed dealer, dealer business, commercial pesticide operator, applicator or applicator business, shall notify the Department of any reportable pesticide spill occurring under such person's direct supervision and/or direct observation and shall provide the following information:
1. The name, address and telephone number of the pesticide dealer, commercial pesticide operator, or applicator;
2. The name, address and telephone number of the dealer business or applicator business, if any;
3. The name and telephone number of the property owner or operator;
4. The location of the incident;
5. The name and EPA registration number of the pesticide;
6. The estimated amount and dilution rate of pesticide involved; and
7. The corrective action(s) taken.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 9 - PESTICIDE EXPOSURE MANAGEMENT › Section 7:30-9.18 - Accidental pesticide misapplications and spills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When, during the application of a pesticide, an accidental reportable pesticide spill has occurred, or if movement of a pesticide to a non-target site within a structure has occurred, no violation of this chapter shall be cited provided:
1. The person responsible for the application reports the spill or movement of the pesticide to the Department in accordance with 7:30-9.17;
2. Necessary procedures to cleanup the pesticide to a level deemed acceptable by the Department are immediately implemented to reduce or remove resultant contamination at the non-target site. The Department may, at its discretion, extend the time period of initiation of the cleanup; and
3. It can be adequately demonstrated to the Department that the following conditions relevant to the application were met:
i. No injury to persons or the environment resulted from the incident or the presence of the pesticide at the non-target site;
ii. All persons involved in the application were properly licensed under the provisions of this chapter;
iii. Equipment used during the application was properly maintained and/or calibrated;
iv. The record of pesticide application contains all mandated information; and
v. The application was performed in a manner consistent with the provisions of the Federal registered label of the pesticide used and other restrictions as contained in the Act or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.1 - Restriction of pesticide use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon determination that a specific use of any pesticide or group of pesticides consistent with the Federal registered label or labels presents a significant risk of harm, injury or damage, the Department may place restrictions on such use of the pesticide or group of pesticides as deemed necessary by the Department.
(b) All applications performed with any pesticide on which the Department has imposed restrictions as authorized by (a) above, shall be done in accordance with both the pesticide label directions and any additional restriction. If the Federal registered label is more stringent or revised by US EPA to be more stringent than the restrictions imposed by the Department, then the more stringent label shall take precedence, consistent with effective dates of such more stringent requirement as may be provided by the US EPA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.2 - Pesticide use and/or application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall use or apply a pesticide in a manner inconsistent with its Federal or State registered label or labeling, or restrictions as provided for in this chapter. The following activities shall not constitute a violation of the label or labeling:
1. Applying a pesticide at any dosage, concentration or frequency less than that specified on the label or labeling, unless the label or labeling specifically prohibits this;
2. Applying any pesticide against a target pest not specified on the label or labeling, provided that the application is made to the site, crop or animal specified on the label or labeling; unless the US EPA or the Department, where authorized, has required that the pesticide shall only be used for pests specified on the label, or pests specified in Department rules;
3. Employing any method of application, except aerial, pursuant to 7:30-10.6(x), and chemigation, not prohibited by the label or labeling;
4. Mixing a pesticide or pesticides with a fertilizer when such a mixture is not prohibited by the label or labeling; or
5. Any use of a pesticide in conformance with Sections 5 or 18 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. §§
											136(c) and 136(p), respectively).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.3 - Rodent baiting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall use any rodent bait, unless it has been placed in tamper-resistant bait boxes pursuant to (b) and (c) below, or in locations not accessible to children, pets, domestic animals or non-target wildlife.
(b) No person shall use or otherwise possess any pesticide in any rodent bait box or bait tray unless:
1. The bait box is secured against tampering when placed in areas accessible to pets, domestic animals, non-target wildlife or children; and
i. The bait box or tray has attached to the exterior, a copy of the registered label of the pesticide; or
ii. The bait box or tray has, attached to the exterior, a readable label with the following information about the pesticide contained therein:
(1) The brand or trade name;
(2) The EPA registration number;
(3) The name and percentage of active ingredient(s) in the bait box; and
(4) An appropriate signal word, that is, Danger-Poison, Warning, or Caution.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.5 - Additional restrictions on the use of organochlorine termiticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an organochlorine termiticide is used, it shall be used in accordance with the current Federally registered label or labeling, the preceding restrictions of 7:30-10.4(a) through (q) and the following additional restrictions of (a) through (k) below, whichever is most restrictive.
1. Exceptions from these additional restrictions may be granted at the Department's discretion if scientific evidence shows that the organochlorine termiticide(s) may be used without significant risk of harm, injury, or damage to persons, property or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.6 - Aerial application of pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All agricultural aircraft operations in New Jersey shall comply with those parts of 14 CFR Part 137, Agricultural Aircraft Operations, not covered in this section. In the case of conflict, a regulation of 14 CFR Part 137, Agricultural Aircraft Operations shall take precedence over any of this section.
1. An agricultural aircraft operator may be required to provide proof of current licensing as an agricultural aircraft operator in order to obtain a New Jersey pesticide applicator license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.7 - Pesticide contamination clean-up

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In situations involving misapplication of a pesticide, or where the Department determines an imminent hazard or significant risk of harm, injury or damage to persons or the environment would result, or in the case of a reportable pesticide spill, the Department may order the person responsible for the situation, misapplication or spill to return to the site location and conduct a clean-up to reduce or remove the pesticide to a level deemed acceptable by the Department. The clean-up procedure is to be in accordance with the methods approved by the Department and subject to follow up sampling by the Department or Department approved sampler to verify the efficacy of the clean-up.
(b) The person held responsible for the cleanup shall notify the Department when the cleanup has been completed and, upon request, provide to the Department copies of the analytical results of all samples collected to verify the efficacy of the cleanup.
(c) For purposes of (a) above, the basis for issuance of a clean-up order by the Department may include, but not be limited to:
1. Any application and/or spill of a persistent pesticide to a non-target site, as determined by review of the product's Federal registered label or other use restrictions adopted under the authority of 7:30-10.1(a); or
2. Any application of a pesticide where evaluation of the pesticide use pattern, in conjunction with properties of the pesticide in addition to persistence, are deemed by the Department to present a significant risk of harm, injury or damage; or
3. Any application of a pesticide where the Department determines that the pesticide presents a significant risk to persons or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.8 - Assessment of fees for sample analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any situation involving a suspected misapplication or spill of a pesticide and where the sample(s) as collected during any inspection and sampling date define or help to define a violation of the Act or regulations promulgated thereunder or show the need for collection of additional samples to define the extent of the contamination as required by the Department to fully evaluate the procedures necessary to remedy said violation, a fee for all sampling may be assessed against the person responsible for the violative application or spill, such fee to reflect the actual cost incurred by the Department for the analyses of the sample(s).
(b) A manufacturer of pesticide products shall be responsible for sample analysis fees when analysis of products collected at the manufacturer's facility indicate the samples are violative as misformulations.
(c) Fees for pesticide sample analysis of formulations are as follows:
1.
Liquids, except detergents:
$ 600.00 per sample.
2.
Powders:
$ 680.00 per sample.
3.
Aerosols, baits, traps, and
$ 800.00 per sample.
detergents:
4.
User dilution:
$ 1,000 per sample.
(d) Fees for pesticide sample analysis of residues are as follows, reflecting a cost when utilizing existing Pesticide Laboratory methods, including residue scans:
1.
Swab (surficial wipe):
$ 375.00 per sample.
2.
Air (sorbent tube):
$ 375.00 per sample.
3.
Water (Solid Phase Extraction):
$ 525.00 per sample.
4.
Soil:
$ 560.00 per sample.
5.
Vegetation:
$ 560.00 per sample.
6.
Commodity (Fruits and
Vegetables):
$ 725.00 per sample.
7.
Filter Paper:
$ 450.00 per sample.
8.
Animal tissue:
$ 725.00 per sample.
(e) The fee for a Phenoxy Acid Herbicide scan in any sample matrix shall be $ 625.00/sample.
(f) Any sample requiring extra preparatory work or special analysis shall be charged $ 300.00 per hour for the preparatory work, derivitization or special analysis in addition to the fees specified in (c), (d) or (e) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 10 - PESTICIDE USE › Section 7:30-10.9 - Submission of data on pesticide distribution or use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may require the annual submission, from any person licensed to distribute or use pesticides in New Jersey, of information specifying the type and amount of pesticide applied or distributed by that person within a time interval as determined by the Department. The information shall be submitted on forms supplied by the Department and contain the following information:
1. The product name and EPA registration number of all pesticides applied or distributed within the time period specified;
2. The total quantity of each pesticide applied or distributed within such time period;
3. The site(s) of application or sale, including the crop, commodity, specific field, greenhouse or land area, including the municipality and county; and
4. The method of application (if applied).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.1 - Purpose and general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs the Department's assessment of civil administrative penalties, and commencement of a civil or criminal action for violations of the Act. This subchapter also governs the procedures for requesting an adjudicatory hearing on a notice of civil administrative penalty assessment or an administrative order.
(b) Nothing in this subchapter is intended to affect the Department's authority to revoke or suspend any permit, license, or other operating authority issued under the Act. Specifically, the Department may revoke or suspend a permit, license, certification, or other operating authority, without regard to whether a civil administrative penalty has been or will be assessed pursuant to this subchapter.
(c) Neither the assessment of a civil administrative penalty nor the payment of same shall be deemed to affect the availability to the Department of any other enforcement provision provided for by the Act, or any other statute, in connection with the violation for which the assessment is levied.
(d) For purposes of this subchapter, any person who undertakes or performs an obligation imposed upon another person pursuant to the Act, including any rule promulgated, and any administrative order, permit, license, certification, or other operating authority issued pursuant to the Act, may at the discretion of the Department be subject to a civil administrative penalty pursuant to this subchapter in the same manner and in the same amount as the person to which the obligation was initially imposed.
(e) Each violation of the Act, or violation of any rule promulgated, any administrative order, permit, license, or other operating authority issued pursuant to the Act, shall constitute an additional, separate, and distinct violation.
(f) Each day during which a violation continues shall constitute an additional, separate, and distinct violation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.2 - Administrative order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any provision of the Act, or any rule promulgated, any administrative order, permit, license, or other operating authority issued pursuant to the Act, the Department may issue an administrative order:
1. Specifying each provision of the applicable law that has been, or is being, violated;
2. Citing the action that constituted the violation;
3. Requiring immediate compliance with the provision, or provisions, violated;
4. Requiring the person responsible for the violation to return to the site location and conduct a clean-up to reduce or remove the pesticide to a level deemed acceptable by the Department in accordance with N.J.A.C. 7:30-10.7; and
5. Providing notice of the right to a hearing on the matters contained in the order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.3 - Civil administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of any provision of the Act, or in violation of any rule promulgated, any administrative order, permit, license, or other operating authority issued pursuant to the Act, the Department may assess a civil administrative penalty of no more than $ 25,000 for each violation, not including any amount assessed for economic benefit as determined under N.J.A.C. 7:30-11.8. The amount of the civil administrative penalty for a violation of the Act shall be determined pursuant to N.J.A.C. 7:30-11.6, 11.7, and 11.8.
(b) To assess a civil administrative penalty, the Department shall notify the violator by certified mail (return receipt requested) or by personal service. This notice of civil administrative penalty assessment shall:
1. Identify each section of the applicable law violated;
2. Concisely state the facts alleged to constitute the violation;
3. Specify the amount of the civil administrative penalty; and
4. Advise the violator of the right to request an adjudicatory hearing under N.J.A.C. 7:30-11.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.4 - Adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person requesting an adjudicatory hearing shall send a completed Adjudicatory Hearing Request Checklist and written request for a hearing to:
1. New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420; and
2. Bureau of Pesticide Compliance and Enforcement
PO Box 420
Mail Code 401-04A
Trenton, New Jersey 08625-0420
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.5 - Grace period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section identifies violations of this chapter as minor or non-minor in accordance with N.J.S.A. 13:1D-125et seq., which is commonly known as the Grace Period Law.
(b) The person responsible for any minor violations listed in the table at N.J.A.C. 7:30-11.6(a)5shall achieve compliance within the number of days specified in the table, unless otherwise noted.
(c) A violation shall be designated by the Department as a minor violation if:
1. The violation is not the result of purposeful, knowing, reckless or criminally negligent conduct of the person responsible for the violation;
2. The violation poses minimal risk to the public health, safety, and natural resources;
3. The violation does not materially and substantially undermine or impair the goals of the regulatory program;
4. The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the Department or local government agency;
5. The person responsible for the violation has not been identified in a previous enforcement action by the Department or local government agency as responsible for a violation of the same requirement of the same permit within the preceding 12 month period;
6. In the case of a violation that does not involve a permit, the person responsible or the violation has not been identified in a previous enforcement action by the Department or local government agency as responsible for the same or a substantially similar violation at the same facility within the preceding 12 month period;
7. In the case of any violation, the person responsible for the violation has not been identified by the Department or a local government agency as responsible for the same or substantially similar violations at any time that reasonably indicate a pattern of illegal conduct and not isolated incidents on the part of the person responsible; and
8. The activity or condition constituting the violation is capable of being corrected and compliance achieved within the period of time prescribed by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.7 - Civil administrative penalty amount: matrix

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall assess penalties under this section, and not under N.J.A.C. 7:30-11.6, when:
1. Because of the specific circumstances of the violation, the Department determines that the penalty amount under N.J.A.C. 7:30-11.6would be too low to provide a sufficient deterrent effect as required by the Act;
2. The table in N.J.A.C. 7:30-11.6refers to the matrix in this section; or
3. The violation is not listed under N.J.A.C. 7:30-11.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.8 - Economic benefit

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may add to a civil or civil administrative penalty assessed under this subchapter based on the amount of economic benefit that the violator has realized as the result of not complying, or by delaying compliance with the Act or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.9 - Civil action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the basis of available information, the Department finds a person in violation of the Act, or any rule promulgated, and any administrative order, permit, license, or other operating authority issued pursuant to the Act, the Department may institute a civil action in Superior Court for appropriate relief. Such relief may include, singly or in combination:
1. A temporary or permanent injunction;
2. Assessment against the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section;
3. Assessment against the violator for any costs incurred by the State in removing, correcting, or terminating the adverse effects upon the environment resulting from any unauthorized regulated activity for which legal action under this section may have been brought;
4. Assessment against the violator for compensatory damages for any loss or destruction of wildlife, fish, or aquatic life, plants, and for any other actual damages caused by an unauthorized regulated activity. Assessments under this section shall be paid to the State Treasurer, except that compensatory damages shall be paid by specific order of the court to any persons who have been aggrieved by the unauthorized regulated activity; and/or
5. A requirement that the violator restore or rehabilitate the site of the violation to the maximum extent practicable and feasible, or in the event that restoration of the site of the violation is not practicable and feasible, provide for off-site restoration alternatives as approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.10 - Civil penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each person who does any of the following shall be subject, upon the order of a court, to a civil penalty not to exceed $ 25,000 per day of the violation, not including any amount assessed for economic benefit as determined under N.J.A.C. 7:30-11.8:
1. Violates the Act or this chapter;
2. Violates an administrative order or a court order issued pursuant to the Act or this chapter;
3. Fails to pay in full a civil administrative penalty assessed under this chapter, or fails to make a payment pursuant to a penalty payment schedule entered with the Department; or
4. Knowingly makes any false or misleading statement on any application, record, report, or other document required to be submitted to the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 11 - ENFORCEMENT AND REQUESTS FOR ADJUDICATORY HEARINGS › Section 7:30-11.11 - Criminal action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, upon petition to the Attorney General, may bring a criminal action in court for certain violations of the Act, or any rule promulgated, and any administrative order, permit, license, certification, or other operating authority issued pursuant to the Act.
(b) A person who purposely, knowingly, or recklessly violates the Act, or including any rule promulgated, and any administrative order, permit, license, certification, or other operating authority issued pursuant to the Act, shall be guilty, upon conviction, of a crime of the third degree and shall be subject to a fine of no less than $ 5,000, nor more than $ 50,000 per day of violation.
(c) A person shall, upon conviction, be subject to a fine of no more than $ 50,000 if the person purposely, knowingly, or recklessly:
1. Makes a false statement, representation, or certification in any application, record, or other document filed or required to be maintained under the Act, or any rule promulgated, and any administrative order, permit, license, certification, or other operating authority issued pursuant to the Act; or
2. Falsifies, tampers with, or renders inaccurate, any record or monitoring device to be maintained under the Act, or any rule promulgated, and any administrative order, permit, license, certification, or other operating authority issued pursuant to the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.1 - General duties, prohibited actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agricultural employer or the handler employer, as appropriate, shall:
1. Assure that each worker or handler subject to this subchapter receives the protection required by this subchapter;
2. Assure that any pesticide handled for use on an agricultural establishment is used in a manner consistent with the labeling of the pesticide, and the requirements of this subchapter;
3. Provide to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protection required by this subchapter. Such information and directions shall specify which persons are responsible for actions required to comply with this subchapter;
4. Provide to each person, including any labor contractor, who supervises any worker or handler sufficient information and direction to ensure that the worker or handler can comply with the provisions of this subchapter and receives the protection required by this subchapter. The information shall include the tasks for which the supervisor is responsible under this subchapter.
5. Require each person, including any labor contractor, who supervises any worker or handler to provide sufficient information and direction to each worker and handler to ensure that the worker or handler can comply with the provisions of this subchapter;
6. When the pesticide labeling provides directions for use or other requirements that are inconsistent with the Worker Protection Standard, 40 CFR Part 170, incorporated herein by reference, as supplemented or amended, or this subchapter, the use shall comply with the pesticide labeling, except as provided at N.J.A.C. 7:30-12.2(c), 12.4(b), (c), and (d), and 12.20(d); and
7. Ensure that any handler and any early entry worker is at least 18 years old.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.2 - Standard for workers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided by (b) and (c) below, this subchapter applies when any pesticide product bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is used on an agricultural establishment.
(b) This subchapter does not apply when any pesticide bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is applied to an agricultural establishment in the following circumstances:
1. As part of government-sponsored public pest control programs over which the owner, agricultural employer, and handler employer have no control, such as mosquito abatement, Mediterranean fruit fly eradication, or similar community or area-wide public pest control programs;
2. On livestock or other animals, or in or about animal premises;
3. On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses;
4. On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modification;
5. On pasture and rangeland where the forage will not be harvested for hay;
6. In a manner not directly related to the production of agricultural plants, or animals, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas;
7. For control of vertebrate pests, unless the control is directly related to the production of an agricultural plant;
8. As attractants or repellents in traps;
9. On the harvested portions of agricultural plants or on harvested timber; or
10. For research uses of unregistered pesticides.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.3 - Entry restrictions associated with pesticide applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the application of any pesticide for outdoor production, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the treated area or in an application exclusion zone that is within the boundaries of the establishment until the application is complete. The application exclusion zone is:
1. The area that extends 100 feet horizontally from the application equipment in all directions during application, when the pesticide is applied by any of the following methods:
i. Aerially;
ii. Air blast application;
iii. As a spray using a spray quality (droplet spectrum) of smaller than medium (volume median diameter of less than 294 microns); or
iv. As a fumigant, smoke, mist, or fog;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.5 - Notice of applications to workers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agricultural employer shall notify workers of any pesticide application in an area of enclosed space production in accordance with the following:
1. When a pesticide with a restricted-entry interval on the pesticide labeling greater than four hours is applied, the agricultural employer shall post warning signs in accordance with (c) below.
2. When a pesticide with a restricted-entry interval on the pesticide labeling equal to or less than four hours is applied, the agricultural employer shall notify workers either by posting warning signs in accordance with (c) below or by providing workers with an oral warning in accordance with (d) below.
3. If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall also provide oral notification of the application to the worker(s) in accordance with (d) below.
4. Notice need not be given to the worker if the agricultural employer can ensure that one of the following is met:
i. From the start of the application until the end of the restricted-entry interval, the worker(s) will not enter any area of the entire enclosed space; or
ii. The worker(s) was involved in the application of the pesticide(s) as a handler and is aware of all the information required pursuant to (d)1, 2, and 3 below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.6 - Providing specific information about applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When workers are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subchapter has been applied on the establishment, or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, specific information about the pesticide.
(b) The information shall be displayed in the location specified for the pesticide safety information in N.J.A.C. 7:30-12.9(b)  and shall be accessible and legible.
(c) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier.
1. The information shall be posted before the application takes place, if workers will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any worker's first work period.
2. The information displayed shall continue to be displayed for at least 30 days after the end of the restricted-entry interval; or if there is no restricted-entry interval, for at least 30 days after the end of the application; or, at least until workers are no longer on the establishment, whichever is earlier.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.7 - Notice of application to handler employers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever handlers who are employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the agricultural employer shall provide to the handler employer, or assure that the handler employer is aware of, the following information concerning any areas on the agricultural establishment that the handler may be in, or may walk within one-quarter mile of, and may be treated with a pesticide, or that may be under a restricted-entry interval while the handler will be on the agricultural establishment:
1. The specific location and description of any such areas; and
2. Restrictions on entering those areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.8 - Worker pesticide safety training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before any worker performs any task in a treated area on an agricultural establishment where within the last 30 days a pesticide has been used or a restricted-entry interval for such pesticide has been in effect, the agricultural employer shall ensure that each worker, required by this section to be trained, has been trained according to this section within the previous 12 months.
1. Before any worker performs any activity in a treated area on an agricultural establishment where within the previous 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer shall ensure that each worker has received an employee orientation to provide establishment-specific information. The agricultural employer may delegate such orientation to the crew leader(s); however, the agricultural employer is responsible to ensure that the orientation is given.
2. Employee orientation training shall be provided in a manner the worker can understand and meet or exceed the following course content requirements:
i. Re-entry, and how workers are informed about re-entry;
ii. The location of handwashing facilities, clean clothes and protective clothing;
iii. The location of decontamination supplies and where to obtain immediate decontamination;
iv. A review of the location of pesticide application, safety, and hazard information required pursuant to N.J.A.C. 7:30-12.6 and 12.9;
v. The availability of pesticide safety data sheets (SDS);
vi. Hand out the educational pamphlet required pursuant to (e) below, when available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.9 - Posted pesticide safety information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When workers are on an agricultural establishment and, within the last 30 days a pesticide covered by this subchapter has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, pesticide safety information. The safety information shall convey, in a manner the workers can understand, all of the following points:
1. Help keep pesticides from entering your body. At a minimum, the following points shall be conveyed:
i. Avoid getting on your skin or into your body any pesticides that may be on or in plants, soil, irrigation water, tractors and other equipment, or used personal protective equipment, or pesticides drifting from nearby applications.
ii. Wash before eating, drinking, using chewing gum or tobacco, or using the toilet.
iii. Wear work clothing that protects the body from pesticide residues (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf).
iv. Wash/shower with soap and water, shampoo hair, and put on clean clothes after work.
v. Wash work clothes separately from other clothes before wearing them again.
vi. If pesticides are spilled or sprayed on the body, use decontamination supplies to wash immediately, or rinse off in the nearest clean water, including springs, streams, lakes, or other sources if more readily available than decontamination supplies, and, as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes.
vii. Follow directions about keeping out of treated areas and application exclusion zones.
viii. Instructions to employees to seek medical attention as soon as possible if they believe they have been poisoned, injured, or made ill by pesticides.
ix. The following contact information for New Jersey's pesticide regulatory agency:
New Jersey Department of Environmental Protection
Bureau of Pesticide Compliance and Enforcement
Mail Code 401-04A
401 East State Street
PO Box 420
Trenton, New Jersey 08625-0420
Telephone: (609) 984-6568
Internet address:
http://www.nj.gov/dep/enforcement/pcp/pcp-wps.htm
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.10 - Decontamination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any worker on an agricultural establishment performs any activity in an area where a pesticide has been applied and who contacts anything that has been treated with the pesticide, including, but not limited to, soil, water, and plants, the agricultural employer shall provide, in accordance with this section, a decontamination site for routine washing and emergency decontamination.
1. If any pesticide with a restricted-entry interval greater than four hours was applied, the decontamination supplies shall be provided from the time workers first enter the treated area until at least 30 days after the restricted-entry interval expires.
2. If the only pesticides applied in the treated area are products with restricted-entry intervals of four hours or less, the decontamination supplies shall be provided from the time workers first enter the treated area until at least seven days after the restricted-entry interval expires.
3. If an agricultural employer directs a worker to perform activities in a treated area where a restricted-entry interval is in effect, the agricultural employer shall provide decontamination supplies in accordance with handler decontamination pursuant to N.J.A.C. 7:30-12.21.
i. The decontamination supplies for early-entry workers shall be outside any area being treated with pesticides or subject to a restricted-entry interval, unless the decontamination supplies would otherwise not be reasonably accessible to workers performing early-entry tasks.
ii. If the pesticide product labeling of the product applied requires protective eyewear, the agricultural employer shall provide at least one pint of water per worker in portable containers for eyeflushing that is immediately available to each worker who is performing early-entry activities.
iii. At the end of any early-entry activities the agricultural employer shall provide, at the site where the workers remove personal protective equipment, soap, single-use towels, and at least three gallons of water per worker so that the workers may wash thoroughly.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.11 - Emergency assistance by agricultural establishments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is reason to believe that a worker or handler has experienced a potential pesticide exposure during employment on the agricultural establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after employment on the agricultural establishment, and needs emergency medical treatment, the agricultural employer shall do all of the following promptly after learning of the possible poisoning or injury:
1. Make available to that person transportation from the agricultural establishment, including any worker housing on the agricultural establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides.
2. Promptly provide all of the following information to that person and to treating medical personnel:
i. A copy of the applicable safety data sheet and the product name, EPA Registration Number, and active ingredients of any pesticide product to which that person might have been exposed;
ii. The circumstances of application or use of the pesticide on the agricultural establishment;
iii. The circumstances that could have resulted in exposure of that person to the pesticide.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.12 - Standard for pesticide handlers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided for by (b) and (c) below, this subchapter applies when any pesticide product bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is handled for use on an agricultural establishment.
(b) This subchapter does not apply when any pesticide product bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is handled for use on an agricultural establishment in the following circumstances:
1. As part of government-sponsored public pest control programs over which the owner, agricultural employer, and handler employer have no control, such as mosquito abatement, Mediterranean fruit fly eradication, or similar community or area-wide public pest control programs;
2. On livestock or other animals, or in or about animal premises;
3. On pasture and rangeland where the forage will not be harvested for hay;
4. On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, and public and private lawns and grounds that are intended only for aesthetic purposes or climatic modification;
5. In a manner not directly related to the production of agricultural plants and animals including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas;
6. For control of vertebrate pests unless the control is directly related to the production of an agricultural plant;
7. As attractants or repellents in traps;
8. On the harvested portions of agricultural plants or on harvested timber; or
9. For research uses of unregistered pesticides.