reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.7 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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 through any point outside this State:
1. Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration;
2. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container--and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read--a label bearing the following information:
i. The name and address of the producer, registrant or person for whom produced; and
ii. The brand or trade name under which the pesticide is distributed; and
iii. An ingredient statement on that part of the immediate container--and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read--which is presented or displayed under customary conditions of purchase; provided, that the ingredient statement may appear prominently on some part of the container, as permitted by the provisions of FIFRA, if the size or form of the container makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and
iv. Directions for use and a warning or caution statement which are necessary and which, if complied with, would be adequate for the protection of health and protection against injury to plants, animals and the environment; and
v. The net weight or measure of the contents; and
vi. The EPA establishment number assigned to each establishment in which it was produced and the EPA registration number, and supplemental registration number, if applicable, assigned to the pesticide, if required by regulations under FIFRA;
vii. A statement of the use classification, if any, under which the product is Federally registered; and
viii. A statement of the use clarification under which the product is registered; and
ix. Any other information required by Federal regulations or the Act or any rules and regulations promulgated thereunder.
3. Any pesticide which has not been colored or discolored pursuant to the provisions of FIFRA, the Act or rules and regulations promulgated thereunder;
4. Any pesticide which is adulterated or misbranded;
5. Any pesticide in containers which have become unsafe;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.8 - Order to secure or impound; disposition of pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any pesticide that is being held, used, distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State may be secured or impounded by order of the Department if the Department finds, or has probable cause to believe, that it is in violation of any provision of the Act or this chapter. No such pesticide shall be removed, disposed of or used until permission is given by the Department or a judge of a court of competent jurisdiction.
(b) The owner, owner's agent or custodian of such pesticide who has applied for a hearing within 15 days after the issuance of the Notice of Violation shall be afforded an expedited hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Rules of Practice N.J.A.C. 1:1.
(c) If such pesticide subject to the secure or impoundment order as provided for by the Pesticide Control Act is of such character that when properly marked or branded, its sale is not prohibited by the Act or this chapter, such article shall be released to the owner, owner's agent or custodian upon payment of the Department's costs and the execution and delivery to the Department as obligee of a good and sufficient surety bond to the effect that such article shall not be sold or otherwise disposed of contrary to the provisions of the Act, this chapter, the laws of the United States, or the written authorization to release. The value of such surety bond shall be determined by the Department, based on the value of the article secured or impounded and the costs of the proceeding.
(d) If, upon a hearing to consider confiscation and disposal of a secured or impounded pesticide, it is determined that the pesticide was offered or exposed for sale, or a person was in possession with intent to distribute or sell, or that the pesticide was intended for distribution or sale in violation of any of the provisions of the Act or this chapter, it shall be disposed of by destruction or sale as the court or judge may direct, but no such articles shall be sold contrary to the provisions of the Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.9 - Prohibited pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall distribute, sell, offer for sale, purchase, or use any pesticide which has been suspended or cancelled by the EPA, except as provided for in the suspension or cancellation order.
(b) All marine uses of free association formulations of antifoulant paints and co-polymer formulations with release rates greater than the acceptable release rate as defined in this subchapter are prohibited.
(c) No person shall distribute, sell, offer for sale, purchase, or use any pesticide which has been suspended or canceled by the State, except as provided for in the suspension or cancellation order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.11 - Amending prohibited and restricted-use pesticide lists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The department may revise the list of prohibited and restricted use pesticides designated by the State of New Jersey; provided that, any change in the list shall be made in accordance with the provisions of the Administrative Procedures Act, 52:14B-1 et seq.
(b) Any person may petition the Department for modification of the listings in 7:30-2.9 or 2.10 provided that the petitioner shall supply adequate information (as determined by the Department) to demonstrate that the modification is necessary.
(c) The Department shall consider the following criteria when evaluating a pesticide for placement on the prohibited or restricted use pesticide list:
1. Acute toxicity;
2. Neurotoxicity;
3. Chronic health effects, including but not limited to:
i. Carcinogenicity;
ii. Mutagenicity;
iii. Teratogenicity;
iv. Embryotoxicity;
v. Reproductive effects.
4. Environmental fate, including but not limited to:
i. Persistence;
ii. Bioaccumulation;
iii. Frequency of detection in environmental media;
iv. Potential for contamination of "waters of the State";
5. Pesticide use pattern(s); and
6. Pesticide regulatory history.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 2 - PESTICIDE PRODUCT REGISTRATION, GENERAL REQUIREMENTS, PROHIBITED AND RESTRICTED USE PESTICIDES › Section 7:30-2.12 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall advertise in a manner which implies US EPA or Department approval of the person, the pesticide, or the pest control technique used.
(b) No person shall advertise in a manner which states or implies that a pesticide, pesticides, pest control technique or services including the use of pesticides, are non-toxic or safe. Such prohibited advertising practices may include, but are not limited to:
1. False statements about product effectiveness;
2. References to a product being recommended or endorsed by the US EPA or the Department;
3. A true statement used in such a way as to give a false or misleading impression, such as, "organic," "organic based," "natural" or "natural based";
4. Safety claims such as "environmentally safe," "nonpoisonous," "non-injurious," "harmless" or "nontoxic to humans and pets";
5. Non-numerical and/or comparative statements on the safety of a product such as, "contains all natural ingredients," "among the least toxic chemicals known," "pollution approved," "biodegradable" and "environmentally friendly";
6. False and misleading pictorial ads; and
7. Company names such as those which imply that the pesticides used are "safe," "natural" or "organic."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall distribute, sell, or offer for sale or supervise the distribution, sale, or offering for sale of any restricted use pesticide to an end user without first meeting the requirements of certification and licensing as a pesticide dealer unless:
1. Such person is working under the direct supervision of a responsible pesticide dealer and where an employer-employee relationship exists between the person supervising and the person actually distributing the pesticide;
i. For the purposes of this subchapter and N.J.A.C. 7:30-4, a person is under direct supervision only if the person supervised and the person supervising are employed at the same pesticide outlet.
ii. "Employed at the same pesticide outlet" means that the person supervising and the person supervised shall both have physical work spaces at the same pesticide outlet. In addition, all records of restricted use pesticide sales performed by the person supervised shall be kept at the same pesticide outlet as the person supervising and shall be immediately available upon request by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.2 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to become certified, an applicant shall pass an examination approved or administered by the Department or a third party approved by the Department. The examination shall include, but not be limited to, such areas as pesticide handling and safety, environmental considerations, symptoms of pesticide poisoning, current laws and regulations, and label comprehension.
1. The third party may charge a fee for administering an examination.
2. The Department will charge $ 100.00 for each examination it administers.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.3 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 12 months after a person has become certified and eligible to become licensed as a pesticide dealer, the certified pesticide dealer shall complete and file with the Department an application to become licensed and shall include as an integral part of the application an annual license fee of $ 75.00. A fee not to exceed $ 10.00 may be charged for each duplicate license issued. Any certified pesticide dealer who fails to file within the 12 month period will lose certification status and shall again become certified in accordance with the provisions of this subchapter.
(b) The license year shall expire on October 31 of each calendar year.
(c) Applications for new licenses will be accepted from certified pesticide dealers throughout the calendar year, but a full year's license fee will be required. All such licenses will expire on October 31 following the date of application except that the Department may issue a license for an additional year when an application is initially filed during the last three months of the license year.
(d) The certification and license of a pesticide dealer are not transferable.
(e) A pesticide dealer shall notify the Department, in writing and within 30 days, if any information as shown on the license application changes.
(f) No person shall be eligible for a license as a pesticide dealer until reaching 18 years of age.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.4 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certified pesticide dealer shall be licensed annually with the Department and pay the license fee of $ 75.00.
(b) A pesticide dealer who has not become licensed with the Department for two consecutive license years 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 3 - PESTICIDE DEALERS › Section 7:30-3.5 - Continuing certification

Current through Register Vol. 56, No. 14, July 15, 2024
In order to maintain his or her certification, the pesticide dealer shall meet the requirements for continuing certification as specified by the Department. If the requirements for continuing certification are not met, the pesticide dealer shall again be certified in accordance with the provisions of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.6 - 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 3 - PESTICIDE DEALERS › Section 7:30-3.7 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pesticide dealer shall keep, for each distribution or sale of restricted use pesticides with which he or she is associated, a record containing the following information:
1. The name and address of the purchaser and the name and address of the purchaser's employer. If the purchaser is self-employed, the name and address of his or her business;
2. The brand or trade name and the EPA product registration number of each restricted use pesticide distributed or sold;
3. The quantity of each restricted use pesticide distributed or sold;
4. The date of the distribution or sale;
5. The certified pesticide applicator license number used by the purchaser at the time of sale or distribution. If any of the acceptable alternatives to a State of New Jersey pesticide applicator's license, as specified in 7:30-3.8, are used, the certification or license number or other proof used, shall be recorded in lieu of the certified pesticide applicator license number; and
6. If the purchaser's employer or business is a licensed pesticide applicator business, the license number of the pesticide applicator business.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.8 - Sale of restricted use pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No pesticide dealer shall distribute or sell a restricted use pesticide to an end user unless the purchaser presents a valid pesticide applicator license.
1. For the purpose of this section, the presentation of only a pesticide operator's license is not acceptable.
2. For the purpose of this section, a valid certification issued by a Federal agency shall be acceptable in lieu of a State of New Jersey pesticide applicator's license if the purchaser is applying a pesticide on property or premises owned or rented by the Federal government, if the purchaser is a Federal employee engaged in the performance of his or her official duties, and if the purchaser has been certified as an applicator of pesticides under a Federal agency plan which has been approved by the United States Environmental Protection Agency pursuant to the provisions of Section 4 of FIFRA ( 7 U.S.C. §
											136 (
l
)), as amended.
3. For the purposes of this section, one of the valid operator licenses or certifications listed below is acceptable in lieu of a State of New Jersey pesticide applicator's license for obtaining chlorine gas, a restricted use antimicrobial:
i. Public Water Treatment System license;
ii. Public Water Distribution System license;
iii. Public Wastewater Treatment System license;
iv. Public Wastewater Collection System license; or
v. Industrial Wastewater Treatment System license, except NN license.
4. For the purpose of this section, proof that the end user is a veterinarian is acceptable in lieu of a State of New Jersey pesticide applicator's registration if the veterinarian is obtaining the restricted use pesticides for use on animals as part of his or her practice.
5. For the purposes of this section, sale of a New Jersey State restricted use pesticide to an end user who will not be using it in New Jersey, shall not require a valid pesticide applicator license.
i. The dealer shall meet all the recordkeeping requirements pursuant to 7:30-3.7, with the exception of 7:30-3.7(a)5  and 6.
ii. The dealer shall also obtain a statement signed by the end user that the New Jersey restricted use pesticide shall not be used in New Jersey.
iii. This paragraph applies only to pesticide dealers physically located within the boundaries of the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.9 - Sale of general use pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No pesticide dealer shall sell any general use pesticide to an unlicensed person who they know must be certified and licensed under the provisions of N.J.A.C. 7:30-6, 7 or 8 unless the dealer gives or has previously given the buyer the Pesticide Program's information sheet on certification and licensing.
1. A record equivalent to that required under 7:30-3.7(a)  shall be kept for each sale referenced in (a) above (except the license number of the certified pesticide applicator and license number of the pesticide applicator business).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.10 - Assignment of work

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall require any individual to distribute restricted use pesticides unless such person is certified and licensed as a pesticide dealer or working under the direct supervision of a responsible dealer pursuant to 7:30-3.1(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.11 - Denial, suspension, or revocation of pesticide dealer 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 license as a pesticide dealer;
2. Revoke a pesticide dealer license;
3. Suspend a pesticide dealer license;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.12 - Reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The examination provider may waive portions of the 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 dealer certification program substantially equivalent to New Jersey's.
(b) A New Jersey pesticide dealer 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 dealer 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 dealers and the reciprocal acceptance thereof;
2. The registrant demonstrates to the examination provider, through testing, a knowledge of relevant New Jersey pesticide control laws, rules, and regulations; and
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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 3 - PESTICIDE DEALERS › Section 7:30-3.13 - 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 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.1 - 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 dealer business which distributes restricted use pesticide to end users in the State of New Jersey without first licensing such business with the Department, on forms provided by the Department, unless:
1. Such person is a duly licensed pharmacist dispensing a prescription pharmaceutical which contains a substance which could be classified as a restricted use pesticide;
2. Such person is a veterinarian administering or dispensing a restricted use pesticide for use on animals as a part of his or her practice;
3. Such person is a pesticide applicator who sells or distributes pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through equipment used during a pesticide application;
4. Such person is a State or county agency or instrumentality thereof and is providing pesticides to its employees for its own programs;
5. Such person is distributing a restricted use pesticide under the provisions of an experimental use permit issued by the EPA or the department; or
6. Such person is a scientist conducting limited educational research or experiments involving a restricted use pesticide for the purpose of gathering information about the pesticide.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.2 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A pesticide dealer business shall keep, for each distribution or sale of restricted use pesticide to an end user, a record containing the following information:
1. The name and address of the purchaser and the name and address of the purchaser's employer. If the purchaser is self-employed, the name and address of his business shall be kept;
2. The brand or trade name and the EPA product registration number of each restricted use pesticide distributed or sold;
3. The quantity of each restricted use pesticide distributed or sold;
4. The date of the distribution or sale;
5. The certified pesticide applicator license number used by the purchaser at the time of sale or distribution. If any of the acceptable alternatives to a State of New Jersey pesticide applicator's license, as specified in 7:30-4.3 are used, the certification or license number or other proof used, shall be recorded in lieu of the certified pesticide applicator license number;
6. If the purchaser's employer or business is a licensed pesticide applicator business, the license number of the pesticide applicator business; and
7. The name of the responsible pesticide dealer associated with the physical distribution and/or sale of restricted use pesticides.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.3 - Sale of restricted use pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No pesticide dealer business shall distribute or sell a restricted use pesticide to an end user unless the purchaser presents a valid pesticide applicator license.
1. For the purposes of this section, the presentation of only a commercial pesticide operator's license is not acceptable.
2. For the purposes of this section, a valid certification issued by a Federal agency shall be acceptable in lieu of a State of New Jersey pesticide applicator's license if the purchaser is applying a pesticide on property or premises owned or rented by the Federal government, if the purchaser is a Federal employee engaged in the performance of his or her official duties, and if the purchaser has been certified as an applicator of pesticides under a Federal agency plan which has been approved by the United States Environmental Protection Agency pursuant to the provisions of Section 4 of FIFRA ( 7 U.S.C. §
											136(l) ), as amended.
3. For the purposes of this section, any one of the valid operator licenses listed below is acceptable in lieu of a State of New Jersey pesticide applicator's license for obtaining chlorine gas, a restricted use antimicrobial:
i. Public Water Treatment System license;
ii. Public Water Distribution System license;
iii. Public Wastewater Treatment System license;
iv. Public Wastewater Collection System license; or
v. Industrial Wastewater Treatment System license, except NN license.
4. The exemptions in (a)3 above are valid unless Federal regulation is changed to exclude them.
5. For the purpose of this section, proof that the end user is a veterinarian is acceptable in lieu of a State of New Jersey pesticide applicator's registration if the veterinarian is obtaining the restricted use pesticides for use on animals as part of his or her practice.
6. For the purposes of this section, sale of a New Jersey State restricted use pesticide to an end user who will not be using it in New Jersey, shall not require a valid pesticide applicator license.
i. The dealer shall meet all the recordkeeping requirements pursuant to 7:30-4.2, with the exception of 7:30-4.2(a)5  and 6.
ii. The dealer shall also obtain a statement signed by the end user, that the New Jersey restricted use pesticide shall not be used in New Jersey.
iii. This paragraph applies only to pesticide dealers physically located within the boundaries of the State of New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.4 - Sale of general use pesticides

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No pesticide dealer business shall sell any pesticide to an unlicensed person who they know should be certified and licensed under the provisions of N.J.A.C. 7:30-6 or 8 unless the dealer business gives or has previously given the buyer the Department's information sheet on certification and licensing.
1. A record equivalent to that required under N.J.A.C. 7:30-4.2(a) shall be kept for each sale referenced in N.J.A.C. 7:30-4.4(a)above (except the license number of the certified pesticide applicator and license number of the pesticide applicator business).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.5 - 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 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.6 - Assignment of work

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall require any individual to distribute restricted use pesticides unless such person is certified and licensed as a pesticide dealer or working under the direct supervision of a responsible dealer pursuant to 7:30-4.1(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.7 - Denial, suspension, or revocation of a pesticide dealer business license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, when it determines that grounds exist, may:
1. Deny a license application for a pesticide dealer business;
2. Revoke a pesticide dealer business license;
3. Suspend a pesticide dealer business license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 4 - PESTICIDE DEALER BUSINESSES › Section 7:30-4.8 - 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 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No commercial pesticide operator shall engage in, cause, suffer, allow, or permit the use or application of any pesticide without first meeting the training and licensing requirements of this subchapter unless:
1. Such person is certified and licensed as a commercial pesticide applicator;
2. Such person is at least 18 years of age and working under the direct supervision of a responsible commercial pesticide applicator who is present at the time and place of application and visual and audio contact sufficient to ensure proper application is maintained.
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 employer.
ii. Commercial pesticide operators who work for a pesticide applicator business are considered under direct supervision only if the person supervised and the person supervising are employed at the same physical location. "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 N.J.A.C. 7;30-6.8 or 7.3; records kept at a temporary seasonal facility during the spray season, may be transferred to the main facility at the end of the spray season;
3. Such person is applying any "minimum risk" pesticide which has been exempted from regulation by the US EPA under 40 CFR Part 152; or
4. Such person is exempt under the provisions of 13:1F-1a, namely local or county health inspectors who use only general use pesticides as flushing agents, such as pyrethrum sprays, to check for insect infestations during the normal course of their job.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.2 - Training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to meet the requirements for training, a commercial pesticide operator who has never before been licensed as an operator or who has lost his or her license pursuant to 7:30-5.4(b)  shall:
1. Complete a Department approved commercial pesticide operator training course;
i. The Department-approved commercial pesticide operator training course shall provide the commercial pesticide operator with a working knowledge of, at a minimum, the following information:
(1) The proper use of the application equipment;
(2) The hazards that may be involved in applying the pesticides;
(3) Instruction for mixing pesticides to be used in particular circumstances;
(4) Protective clothing and safety equipment required during the handling and application of pesticides;
(5) General precautions to be followed in the disposal of containers as well as the cleaning and decontamination of the equipment which the certified pesticide operator proposes to use;
(6) Applicable State and Federal pesticide laws and regulations;
(7) An understanding of how to correctly interpret pesticide label and labeling information; and
(8) An understanding of the principles of integrated pest management (IPM); and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.3 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the commercial pesticide operator has satisfied the training requirements pursuant to 7:30-5.2(a)  and is eligible for the commercial pesticide operator's license, the commercial pesticide operator shall file with the Department, on forms provided by the Department, a license application. The application shall be co-signed by a certified and licensed responsible pesticide applicator and shall indicate that the co-signer shall be the responsible pesticide applicator for pesticide applications performed by the commercial pesticide operator. A license fee of $ 30.00 shall be included as an integral part of the commercial pesticide operator license application.
1. The commercial pesticide operator shall have 30 days after the post mark date of the license application in which to operate before he or she must be licensed.
2. License application forms may be obtained by contacting the Pesticide Control Program, PO Box 411, Trenton, NJ08625-0411.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.4 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A commercial pesticide operator shall renew the commercial pesticide operator license annually on a form provided by the Department, Pesticide Control Program and, pay the license renewal fee of $ 30.00.
(b) If a commercial pesticide operator fails to become licensed for two consecutive license periods, the commercial pesticide operator shall lose eligibility for commercial pesticide operator licensing and shall reapply to become a commercial pesticide operator pursuant to the provisions of 7:30-5.2 and 5.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.5 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
The records of each application of pesticides made by a commercial pesticide operator shall be kept by the co-signer of the commercial pesticide operator's license application in the manner delineated in 7:30-6.8 or by the pesticide applicator business which employs the commercial pesticide operator in the manner delineated in 7:30-7.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.6 - 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 premises, 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, an 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 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.7 - Denial, suspension, or revocation of commercial pesticide operator license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, when it determines that grounds exist, may:
1. Deny a license application for a commercial pesticide operator;
2. Revoke a commercial pesticide operator license;
3. Suspend a commercial pesticide operator license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 5 - COMMERCIAL PESTICIDE OPERATORS › Section 7:30-5.8 - Requirement for commercial pesticide operator certification and licensing as pesticide applicators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person licensed or required to be licensed as a commercial pesticide operator working under the direct supervision of a licensed pesticide applicator, who is held to be jointly or severally responsible for a violation of the Act or regulations promulgated thereunder, may be required by the Department to become a certified and licensed pesticide applicator as provided in N.J.A.C. 7:30-6.
(b) Any commercial pesticide operator required under (a) above to become a fully certified and licensed applicator shall be so notified by the Department and shall have a maximum of 30 days from the date of such notice to comply.
(c) Failure to comply with (a) and (b) above will result in the commercial pesticide operator license being immediately suspended pending the outcome of a hearing which shall be granted the registrant upon request. Such a hearing shall be granted on an expedited basis and shall be conducted pursuant to 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 7:30-6.2 - Certification and training

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to become certified, an applicant for a commercial pesticide applicator license who has never before been licensed or who has lost certification pursuant to the requirements of N.J.A.C. 7:30-6.5 or 6.6(b), shall pass a core examination, as well as a specific category examination, which shall be written and, when deemed necessary by the Department, may include performance testing. The examinations shall include, but not be limited to, all areas of required knowledge set forth in Federal regulations 40 CFR 171. The core examination shall include such areas as pesticide handling and safety, environmental considerations, symptoms of pesticide poisoning and current laws and regulations. The category or subcategory examination shall include areas of required knowledge, that are specific to the commercial category or subcategory in which the applicant has applied to be certified.
1. The examination shall be Department-approved and administered by the Department or a third party approved by the Department.
2. The third party may charge a fee for administering an examination.
3. 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 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.3 - Categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any commercial pesticide applicator who satisfactorily completes the requirements for Core certification and training pursuant to 7:30-6.2 may become certified in one or more of the following categories or subcategories:
1. Agricultural pest control;
i. Category 1A--Plant: This subcategory includes commercial pesticide applicators using or supervising the use of pesticides in the production of agricultural crops, including, but not limited to, tobacco, peanuts, cotton, feed grains, soybeans, and forage; vegetables, small fruits, tree fruits and nuts, as well as on grasslands and non-crop agricultural lands. This subcategory also includes the commercial fumigation of soil and agricultural products on agricultural establishments and the commercial use of chemigation.
ii. Category 1B--Animals: This subcategory includes commercial pesticide applicators using or supervising the use of pesticides on animals, including, but not limited to, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock, and to places on or in which animals are confined.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.4 - 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 commercial pesticide applicator, the certified commercial pesticide applicator shall complete and file with the Department a license application, and shall include as integral part of the application the annual license fee of $ 80.00.
1. A fee not to exceed $ 10.00 may be charged for each additional duplicate license issued.
2. Any certified pesticide applicator who fails to file within the 12 month period will lose certification status and shall again become certified in accordance with the provisions of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 6 - COMMERCIAL PESTICIDE APPLICATORS › Section 7:30-6.5 - License renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certified commercial pesticide applicator shall renew his or her license annually with the Department and pay the license renewal fee of $ 80.00.
(b) A licensed commercial pesticide applicator who has not become licensed with the Department for two consecutive license years shall lose certification status and shall again become certified and licensed in accordance with the provisions of this subchapter.