New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › Commercial Applicators › Section 325.23 - Business and agency registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each agency that applies pesticide and each
					 business offering, advertising or providing the services of commercial
					 application of pesticides, either entirely or as part of the business, must
					 register annually with the department on forms supplied by the department.
					 Agency, as defined in section 33 of the ECL, means any State agency; municipal
					 corporation; public authority; college, as that term is defined in the Education
					 Law; railroad, as that term is defined in the Railroad Law; or telegraph,
					 telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric
					 corporation as those terms are defined in the State Transportation Corporations
					 Law, which applies pesticides.
(b) An
					 annual fee in the amount specified in article 33 of the Environmental
					 Conservation Law must be paid to the department at the time of registration,
					 except that any agency which is a State agency, municipal corporation, public
					 authority, or college shall be exempt from any fee for registration pursuant to
					 section 33-0911 of the ECL.
(c)
					 Business firms required to register with the department under subdivision (a) of
					 this section that have more than one place of business within the State must
					 register and pay the annual registration fee for each such place of business.
					 Individuals conducting business under more than one name must register and pay
					 the annual registration fee for each such name at each place of business. A
					 business firm using a telephone answering service as an extension of the business
					 in a location where the business does not otherwise maintain an office but where
					 messages are collected and given directly to employees of the registered business
					 who will service these accounts must pay a registration fee for each location
					 where such messages are collected. Answering services directing messages to
					 registered places of business are not required to register with the
					 department.
(d) Registration shall be
					 valid for a period of one year unless suspended, revoked, or otherwise modified
					 by the commissioner.
(e) The
					 commissioner may deny an application for a business registration or may suspend,
					 revoke or otherwise modify such registration once issued for reasons, including
					 but not limited to the following:
(1) that any
					 statement in the application or upon which the registration was issued, is or was
					 false or misleading;
(2) that the
					 applicant or registered business has been convicted of a felony;
(3) that a present employee of the applicant or
					 registered business, or a former employee in the course of such employment,
					 applied or used any pesticide contrary to the registered label usage; or as
					 modified or expanded and approved by the department;
(4) that the applicant or registered business
					 has been found to have engaged in fraudulent business practices in the
					 application of pesticides;
(5) that
					 the applicant or registered business, or any present employee or former employee
					 in the course of such employment, has failed to comply with any provision of
					 article 33, or title 3 of article 15 of the Environmental Conservation Law, or
					 rules and regulations of the department made pursuant thereto;
(6) that the applicant or registered business
					 has failed to employ individuals who have demonstrated that they have sufficient
					 knowledge and experience concerning the proper use and application of pesticides
					 gained either through certification or through company training and on-the-job
					 training after employment;
(7) that
					 the applicant or registered business has falsified any records or reports or has
					 failed to maintain such records or reports required by this Part or any
					 applicable statute; or
(8) that the
					 applicant or registered business, or any present employee or former employee in
					 the course of such employment, has been convicted of a criminal violation under
					 section 14(b) of FIFRA, as amended, or has been made subject to a final order
					 imposing a civil penalty under section 14(a) of FIFRA, as amended.