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 › General › Section 325.7 - Pesticide applicator certification and direct supervision requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual
					 must not engage in the commercial application of pesticides, the private
					 application of restricted use pesticides, or the sale of restricted use
					 pesticides, unless that individual is a certified applicator and possesses, on
					 their person, a valid identification card issued by the department and makes such
					 identification card available upon request of this department. Full certification
					 is not required for:
(1) a certified commercial
					 technician, hereinafter referred to as technician, using general use
					 pesticides;
(2) a technician using
					 pesticides under the direct supervision of a certified commercial pesticide
					 applicator, as required in subdivision (d) of this section;
(3) a commercial pesticide apprentice,
					 hereinafter referred to as apprentice, using pesticides under the direct
					 supervision of a certified commercial pesticide applicator, as required in
					 subdivision (d) of this section;
(4)
					 an individual using restricted use pesticides under the direct supervision of a
					 certified private pesticide applicator, as required in subdivision (d) of this
					 section, on agricultural commodities located on property owned or leased by the
					 certified private pesticide applicator or the applicator's employer;
(5) an individual using antimicrobial agents,
					 except where such pesticides have been classified as restricted use pesticides or
					 are used in the pulp and paper process or cooling towers. In these cases, the
					 requirements of paragraph (1), (2) or (3) of this subdivision apply;
(6) an individual using aquatic pesticides
					 purchase through a purchase permit, as provided in 6 NYCRR 326.8, in a body of
					 water measuring one acre or less in size which lies exclusively on their property
					 and has little or no outflow to any surface waters of the State classified
					 pursuant to article 17 of New York State Environmental Conservation
					 Law;
(7) a technician engaged in the
					 application of microbial pesticides by ground equipment in or over any surface
					 waters of the State classified pursuant to article 17 of New York State
					 Environmental Conservation Law. However, such individual must successfully
					 complete a department-approved, 30-hour certification course related to this type
					 of application;
(8) a doctor of
					 veterinary medicine or a veterinary technician working under the veterinarian's
					 direct supervision, licensed to practice within New York State. Such exemption
					 from certification requirements applies only when engaged in the use of general
					 use pesticides:
(i) on animals that are in the
					 veterinarian's care within the veterinary facility;
(ii) on inanimate objects, surfaces, and areas
					 within their veterinary establishments;
(9) an individual engaged in the residential
					 application of pesticides;
(10) any
					 person applying 100 percent corn oil to bird eggs as part of any wildlife control
					 activity authorized by the department pursuant to article 11 of the Environmental
					 Conservation Law.