reglab/statecodes huggingface dataset:
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 325.6 - Protection of individuals using pesticides under the direct supervision of a certified pesticide applicator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to any pesticide application, the
					 certified pesticide applicator must provide safety training to individuals using
					 pesticides under the certified pesticide applicator's direct supervision. The
					 training shall include, but is not limited to, the following topics: site-typical
					 detailed guidance for pesticide use, pesticide safety, use of personal protective
					 equipment including selection of appropriate respirators, and restricted entry
					 intervals.
(b) Certified pesticide
					 applicators must provide relevant safety information, restricted entry intervals
					 and personal protective equipment and other safety equipment beyond normal work
					 attire, as specified by the pesticide label, to individuals using pesticides
					 under the certified pesticide applicator's direct supervision. However, if the
					 certified pesticide applicator is not the owner or manager of a registered
					 pesticide business, the owner or manager of the business, agency, or facility
					 must provide such information and equipment.
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 325.8 - Eligibility for pesticide applicator certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commercial applicator. An individual shall
					 be eligible for commercial pesticide applicator certification in specific
					 categories or subcategories if that individual has:
(1) at least one year of verifiable experience
					 as a technician with an additional 12 hours of category-specific recertification
					 training, or has two years of verifiable experience as a technician and has not
					 had the technician certification suspended, revoked or modified as provided in
					 section
					 325.13 
					 of this Part, and petitions the department for full certification;
(2) at least three years of verifiable
					 full-time experience within the last five years as an apprentice working in the
					 category or categories of commercial pesticide application, as listed in section
					 325.16 
					 of this Part, in which the individual is seeking certification and has passed the
					 core and appropriate category examinations. For purposes of this paragraph, a
					 year of full-time experience shall be deemed to have been met when a full
					 season's experience is completed in those certification categories that are
					 seasonal;
(3) at least three years of
					 verifiable experience within the past five years as a certified private pesticide
					 applicator in a corresponding private category and has successfully passed the
					 appropriate commercial category examinations;
(4) certification in another state with which
					 New York State has reciprocity; or
(5) at least three years experience in the sale
					 of pesticides or industrial chemicals, or can otherwise demonstrate, through
					 applicable training certifications or educational degrees, that the individual
					 possesses appropriate technical background, as determined by the department, and
					 has successfully passed the appropriate certification examination(s), if seeking
					 pesticide applicator certification in the sales category.
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 325.9 - Eligibility for pesticide technician certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For an individual to be eligible for
					 commercial pesticide technician certification, the individual must:
(1) be at least 17 years of age at the time an
					 application for technician certification is made; and
(2) have successfully completed a comprehensive
					 30-hour training course, approved by the department, in topics described in
					 section
					 325.18 
					 of this Part and related categories and in section
					 325.16
					 or
					 325.17 
					 of this Part, or, alternatively, have received a baccalaureate or associate
					 degree from an accredited college or university which covers the topics listed in
					 section
					 325.18 
					 of this Part and related categories in section
					 325.16
					 or
					 325.17 
					 of this Part, and have passed the core and appropriate category examination(s);
					 or
(3) have two years of verifiable
					 experience as an apprentice and have passed the core and appropriate category
					 examination(s).
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 325.10 - Eligibility and training for pesticide apprentices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each individual engaged in the commercial
					 application of pesticides who is not a certified applicator or technician is
					 considered a pesticide apprentice. An apprentice must be at least 16 years of
					 age. An apprentice is required to receive 40 hours of pesticide use experience
					 under the supervision of a certified applicator and receive a minimum of 8 hours
					 of instruction on the requirements in section
					 325.18 
					 of this Part, before such apprentice can apply general use pesticides under the
					 off-site direct supervision of a certified applicator. It is the responsibility
					 of the certified pesticide applicator or registered business to determine and so
					 state than an apprentice is competent to perform applications.
(b) For specific applications that are
					 infrequent and narrow in scope, and where there is little risk associated with
					 the application, a certified commercial pesticide applicator may request, and the
					 department may approve on a case-by-case basis, amended training requirements for
					 such special circumstances.
(c)
					 Documentation that a certified commercial pesticide applicator observed and
					 instructed the apprentice as required in subdivision (a) of this section must be
					 maintained by the certified commercial pesticide applicator or registered
					 business for three years. Such documentation must be made available to the
					 department upon request. Documentation must include the following:
(1) name and address of apprentice;
(2) date(s) of instruction or
					 observation;
(3) content of training
					 and certification category;
(4)
					 instructor's name and certification identification number; and
(5) an evaluation concluding that the
					 apprentice is competent to perform pesticide applications.
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 325.11 - Examination requirements for pesticide applicators and technicians

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
					 must conduct proctored examinations to verify competence in the categories or
					 subcategories for which certification is sought.
(b) Application for the examinations must be
					 made on a form supplied by the department which shall be filed at the appropriate
					 office of the department prior to the announced closing date for examination
					 applications as determined by the department.
(c) To become certified an applicant shall be
					 required to pass two separate written examinations: a core examination and a
					 category or subcategory examination which must be specific to the commercial or
					 private category or subcategory in which the applicant has applied to be
					 certified, except an applicant requesting certification through reciprocity shall
					 not be required to take these examinations.
(d) An applicant who applies to be certified in
					 more than one category or subcategory must pass all the appropriate category or
					 subcategory examinations.
(e) An
					 applicant who fails the core examination twice must successfully complete a
					 course or courses of instruction approved for at least eight credit hours prior
					 to re-examination. Such courses must cover all topics enumerated in section
					 325.18 
					 of this Part.
(f) An applicant who
					 fails a category or subcategory examination three times in succession must retake
					 both the core and category or subcategory examinations.
(g) An applicant who passes a core examination
					 must also pass a category examination within six months. Failure to do so will
					 require the applicant to retake the core examination.
(h) An applicant who passes a core and category
					 examination and does not pay the required certification fees within six months,
					 must retake both the core and category examinations.
(i) A fee in the amount specified by article 33
					 of the Environmental Conservation Law is required for taking a core and category
					 examination and each subsequent examination.
(j) An applicant will be eligible for the
					 commercial pesticide applicator, technician and private pesticide applicator
					 certification examinations, if the applicant:
(1) applies to the department, as required in
					 section
					 325.10(b) 
					 of this Part;
(2) meets the
					 eligibility requirements, as specified in sections
					 325.8
					 and
					 325.9 
					 of the Part; and
(3) has paid the
					 appropriate fees required in article 33 of the Environmental Conservation
					 Law.
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 325.12 - Identification card issuance and renewal requirements for pesticide applicators and technicians

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
					 passing the required core and appropriate category examinations, an individual
					 will receive a notice to pay the appropriate certification fees. Fees shall be in
					 the amount specified in article 33 of the Environmental Conservation
					 Law.
(b) On receipt of the required
					 fees, the department will issue an identification card to the certified
					 applicator or technician. The identification card will specify the categories and
					 subcategories of commercial applicator or technician or private applicator in
					 which the applicator may engage.
(c)
					 The certification of categories or subcategories of certification shown on a
					 pesticide applicator or technician certification identification card shall be
					 valid for a period of three years, unless suspended, revoked or otherwise
					 modified by the department.
(d)
					 Certified pesticide applicators or commercial technicians must complete the
					 following requirements to renew their pesticide applicator certification
					 identification card:
(1) pay the fee(s)
					 specified by article 33 of the Environmental Conservation Law; and
(2) have a history of satisfactory performance
					 for each category or subcategory. A history of satisfactory performance is
					 indicated by possession of a valid certification identification card that has not
					 been suspended, revoked or modified as provided in section
					 325.13 
					 of this Part.
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 325.13 - Denial, suspension or revocation of certified pesticide applicators and technician certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department may deny an application for a certification identification card or may
					 suspend, revoke or otherwise modify such identification card once issued, for
					 reasons including, but not limited to, the following:
(1) any statement in the application or upon
					 which the identification card was issued is or was false or misleading;
(2) the applicant or certified pesticide
					 applicator has been convicted of a felony;
(3) the applicant or certified pesticide
					 applicator applied or used any pesticide contrary to the registered label,
					 labeling usage or usages that have been approved, modified or expanded and
					 approved by the department;
(4) the
					 applicant or certified pesticide applicator has been found to have engaged in
					 fraudulent business practices in the application of pesticides;
(5) the applicant or certified pesticide
					 applicator has failed to comply with any provision of article 33, title 3 of
					 article 15 of the Environmental Conservation Law, or rules and regulations of the
					 department made pursuant thereto;
(6)
					 the applicant or certified pesticide applicator has failed to demonstrate
					 sufficient knowledge and experience concerning the proper use and application of
					 pesticides;
(7) the applicant or
					 certified pesticide applicator 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) the applicant or
					 certified pesticide applicator has been convicted of a criminal violation under
					 section 14(b) of the Federal Insecticide, Fungicide and Rodenticide Act (  7
					 U.S.C. 135  et. seq.) hereinafter referred to as FIFRA, as amended, or has been
					 made subject to a final order imposing a civil penalty under section 14(a) of
					 FIFRA, as amended.
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 325.16 - Categories of commercial pesticide application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agricultural and animal pest control.
(1) Plant. This subcategory includes commercial
					 applicators using or supervising the use of pesticides, including chemigation: in
					 production of agricultural crops, including but not limited to corn, alfalfa,
					 feed grains, soybeans and forage; vegetables; small fruits; tree fruits and nuts;
					 on grasslands; noncrop agricultural lands; and sod, flowers and shrubs.
(2) Agricultural animals. This subcategory
					 includes commercial 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, as well as to places on or in which animals
					 are confined.
(3) Companion animals.
					 This subcategory includes commercial applicators using or supervising the use of
					 pesticides on companion animals.
(4)
					 Fumigation of soil and agricultural commodities. This subcategory includes
					 commercial applicators using or supervising the use of pesticides for soil
					 fumigation in production of agricultural commodities and the use of pesticides
					 for fumigation of agricultural commodities. Certification in this subcategory
					 requires concurrent certification in subcategory (1), agricultural plant pest
					 control.
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 325.17 - Categories of private pesticide application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agricultural plant pest control. This
					 category includes certified private pesticide applicators using or supervising
					 the use of restricted pesticides including chemigation in production of
					 agricultural crops, including but not limited to corn, alfalfa, grains, soybeans
					 and forage; vegetables, small fruits, tree fruits and nuts; grasslands; non-crop
					 agricultural lands; sod farms and nurseries. This category includes, but is not
					 limited to, the following subcategories:
(1)
					 field and forage;
(2)
					 fruit;
(3) vegetable;
(4) greenhouse and florists;
(5) nursery, ornamentals and turf.
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 325.18 - Certification training course requirements for commercial technicians and courses designed for recertification of commercial and private applicators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Training courses
					 to be conducted for all individuals applying for commercial technician
					 certification or commercial or private applicator recertification credits must be
					 approved by the department in advance of the course being offered. Thirty-hour or
					 equivalent training courses and recertification training courses must include
					 topics or components as prescribed by the department. Such topics include, but
					 are not limited to the following general standards for all categories of
					 certified commercial applicators in which commercial applicators are expected to
					 be able to demonstrate practical knowledge of the principles and practices of
					 pest control and safe use of pesticides:
(1)
					 Integrated pest management principles and practices:
(i) systematic approach to managing pests which
					 focuses on long-term prevention or suppression with minimal impact on human
					 health, the environment and nontarget organisms; and
(ii) incorporate all reasonable measures to
					 prevent pest problems by properly identifying pests, monitoring population
					 dynamics, and utilizing cultural, physical, biological or chemical pest
					 population control methods to reduce pests to acceptable levels.
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 325.19 - Standards for commercial pesticide applicator certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individuals seeking commercial pesticide
					 applicator certification must demonstrate competency in the categories and
					 subcategories of commercial pesticide applicator certification, according to
					 standards prescribed by the department. Competence in the use and handling of
					 pesticides shall be determined on the basis of written examinations prepared by
					 the department, and, as appropriate, performance testing, based upon standards
					 set by the department. Such examination and testing shall include general
					 standards applicable to all categories and additional standards specifically
					 identified for each category or subcategory in which an applicator is to be
					 classified.
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 325.20 - Standards for private applicator certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As a minimum requirement for certification,
					 a private applicator must demonstrate a practical knowledge of pest problems and
					 integrated pest management practices associated with agricultural operations
					 according to standards prescribed by the department. Competence in the use and
					 handling of pesticides shall be determined on the basis of written examinations
					 prepared by the department and as appropriate, performance testing, based upon
					 standards set by the department. Such examinations and testing shall include
					 general standards applicable to all categories and additional standards
					 specifically identified for each category or subcategory in which the applicator
					 is to be classified.
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 325.21 - Recertification requirements for pesticide applicators and technicians

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified
					 pesticide applicators must be recertified in each category or subcategory every
					 six years by completing the following requirements no later than 90 days beyond
					 their recertification date:
(1) pay the fee(s)
					 specified by article 33 of the Environmental Conservation Law;
(2) have a history of satisfactory performance
					 for each category or subcategory; and
(3)
(i)
					 successfully pass a recertification examination. The required recertification
					 examinations must include topics listed in section
					 325.18  of this Part; or
(ii) accumulate the following continuing
					 education credits, which must be obtained in more than one calendar year and
					 consist of at least 25 percent category-specific training for each category of
					 certification. Individuals certified in the regulatory and demonstration
					 categories are excluded from 25 percent category-specific requirement.
(a) Commercial
								  category
Credit hours
Agricultural Plant
16
Agricultural Animal
12
Companion Animal
10
Forest
12
Ornamental and Turf
20
Seed Treatment
10
Aquatic - Vegetation
16
Aquatic - Insect
16
Aquatic - Fish
16
Aquatic - Anti Fouling Paints
10
Aquatic - Sewer Line Root Control
10
Rights-of-Way
16
Structural and Rodent
24
Fumigation
12
Termite Control
16
Lumber and Wood Products
12
Food Mfg. and Processing
24
Cooling Towers
10
Public Health
16
Regulatory
10
Demonstration
10
Aerial
12
Sales of Restricted Use Pesticides
6
(b) Private
								  category
Credit hours
Agricultural Plant
12
Agricultural Animal
10
Aquatic
10
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 325.24 - Exemption from agency registration fees

Current through Register Vol. 46, No. 28, July 10, 2024
The following agencies shall be exempt from the annual
						agency registration fee: State agencies, public authorities, school districts,
						counties, towns, cities, villages and colleges as that term is defined in the
						Education Law.
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 325.25 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 businesses required to register pursuant to section
					 325.23 
					 of this Part shall keep true and accurate records in a manner specified by the
					 department showing: the kind and quantity of each pesticide used; dosage rates;
					 methods of application; target organisms; and the use, date and place of
					 application for each pesticide used. These records shall be maintained on an
					 annual basis and retained for a minimum of three years and shall be available for
					 inspection upon request by the department.
(b) All such businesses shall file annual
					 reports with the department at its main office in Albany no later than January
					 15th of each year, such reports to cover the previous calendar year. The reports
					 shall be on forms provided by the department and shall list the quantity of
					 pesticides used, reported for each product. EPA registration numbers shall be
					 used as a reference to the product; product names shall not be used.
(c) Commercial applicators who are not employed
					 by a registered business, including but not limited to building superintendents
					 and employees of cemeteries or golf courses, shall keep true and accurate records
					 as provided in subdivision (a) of this section and file reports as provided in
					 subdivision (b) of this section.
(d)
					 Records and reports. The private applicator shall maintain a record on forms to
					 be provided by the department of the restricted use pesticides purchased, the
					 crop treated by such, their method of application, and the date of their
					 application or applications. This information shall be maintained on an annual
					 basis and retained for a minimum of three years, and shall be available for
					 inspection upon request by the department.
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 325.26 - Identification of commercial pesticide applicators and application equipment or vehicles transporting commercial pesticide applicator equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each certified
					 commercial applicator shall be provided by the department with a set of two
					 numbered stickers for each piece of commercial application equipment. These
					 stickers shall be prominently displayed on opposite sides of each piece of such
					 equipment or on opposite sides of each vehicle used in transporting such
					 equipment except however:
(1) small pieces of
					 hand held or portable equipment such as two and one-half gallon sprayers or back
					 pack mistblowers do not require such stickers; and
(2) noncommercial-type vehicles transporting
					 small quantities of pesticides or portable pesticides equipment are not required
					 to display the stickers if such display will change the rating of the vehicle and
					 thereby limit its access to certain transportation routes normally
					 used.
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 325.27 - Equipment inspection

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may provide for the inspection of any
						equipment, device or apparatus used for the commercial application of pesticides
						and may require repairs or other changes before approval is given for further use
						of such equipment.
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 › Private Applicators › Section 325.38 - Special permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department may issue a special permit to an uncertified applicator who cannot
					 read English to use a particular restricted use pesticide for a period of time
					 not to exceed the use season in which it is issued. Such a permit may not be
					 issued until the department determines that the applicant is competent to use
					 such pesticide. Such determination may be based on written certification by a
					 department-approved training agent in the county in which the applicant resides
					 or works that the applicant has specialized training from such agent and that the
					 applicant has successfully completed a demonstration-type examination
					 administered by the agent showing that the applicant has met the minimum
					 requirements of section
					 325.18 
					 of this Part.
(b) The department may
					 issue to a certified private applicator a special permit authorizing purchase and
					 use of a restricted use pesticide on an agricultural commodity for which the
					 private applicator does not have a current certificate. Such permit shall be
					 valid only for the growing season for which it is issued. An individual may not
					 be issued such a permit for more than two consecutive seasons.
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 › Private Applicators › Section 325.41 - County (or city) implementation of ecl 33-1004

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this section relate only to commercial
						or residential lawn applications in any county not contained entirely within a
						city, and any city with a population of one million or more, which has adopted,
						after public hearing, a local law comprised of the provisions of New York State
						Environmental Conservation Law, section 33-1004 in their entirety and without
						exception.
(a) Retail establishments
					 that sell general use pesticides labeled for commercial or residential lawn
					 application uses must post in a conspicuous place as close as possible to each
					 display location of such pesticides an informational sign containing the
					 following statements in letters in at least 16-point bold type against a brightly
					 colored background, except that any such retail establishment located in a city
					 with a population of one million or more must substitute the word "city" for the
					 word "county".
(1) "Pesticides, although useful
					 tools to control pests, may pose certain risks to the applicator and other
					 nontarget often beneficial organisms. To help reduce such risks and to increase
					 pest control effectiveness, State and Federal laws require all applicators to
					 strictly follow all pesticide label instructions and to only use these products
					 on the sites and pests listed on the label.
(2) New York State Environmental Conservation
					 Law (subdivision 1 of section 33-1004) requires individuals who apply lawn care
					 pesticides to their residential properties within this county to post visual
					 notification markers along the perimeter of any treated area of over 100 square
					 feet.
(3) Visual notification markers
					 must be placed to be clearly visible to persons immediately outside the treated
					 perimeter; and
(i) must be posted at least 12
					 inches above the ground and be at least four inches by five inches in
					 size;
(ii) must be in place before
					 the pesticide is applied and must instruct persons not to enter the property and
					 not to remove the signs for a period of 24 hours; and
(iii) such instructions must be printed in
					 letters at least three eighths of an inch in height.
(4) We recommend that you notify your neighbors
					 prior to the application of pesticides so that they may take precautions to avoid
					 pesticide exposure."
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Active ingredient means:
(1) In the case of a pesticide other than a
				  plant regulator, defoliant or desiccant, an ingredient which will prevent,
				  destroy, repel or mitigate insects, fungi, rodents, weeds or other
				  pests.
(2) In the case of a plant
				  regulator, an ingredient which, through physiological action, will accelerate or
				  retard the rate of growth or rate of maturation or otherwise alter the behavior
				  of ornamental or crop plants or their produce.
(3) In the case of a defoliant, an ingredient
				  which will cause the leaves or foliage to drop from a plant.
(4) In the case of a desiccant, an ingredient
				  which will artificially accelerate the drying of plant tissue.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.3 - Commercial permits, restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It shall be unlawful for any person to
				  distribute, sell, offer for sale, purchase for the purpose of resale, or possess
				  for the purpose of resale, any restricted pesticide unless said person shall have
				  applied for, and been issued a commercial permit.
(b) Commercial permits may be issued by the
				  commissioner to persons who, in the regular course of their business, purchase
				  for the purpose of resale, distribute, offer for sale, or sell, restricted
				  pesticides.
(c) It shall be unlawful
				  for a commercial holder to sell restricted pesticides except to a purchase permit
				  or commercial permit holder or except under the provisions of section
				  326.8(e) 
				  of this Part.
(d) Only the holder of
				  a commercial permit may purchase restricted pesticides for resale without being
				  required to obtain and present a purchase permit.
(e) Permits shall not be valid for more than
				  two years.
(f) The commercial permit
				  holder shall maintain all records pertaining to the acquisition, sale or disposal
				  of restricted pesticides for a period of two years and shall make available said
				  records for inspection by the commissioner. Such records shall be kept in a
				  manner and on such forms as the commissioner may prescribe.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.4 - Commercial permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  application for a commercial permit shall be submitted to an agent or office
				  designated by the commissioner. Such application shall be made in a manner and on
				  a form prescribed by the commissioner and shall include such information,
				  statements or certification as the commissioner shall require.
(b) Upon receipt of an application, the
				  commissioner shall:
(1) examine the
				  application; and
(2) issue the
				  commercial permit requested therein, imposing whatever restrictions or conditions
				  on the permit he deems appropriate in order to protect the public interest;
				  or
(3) refuse to issue the commercial
				  permit requested therein.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.5 - Denial of an application or revocation of a commercial permit

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may deny an applicant for a commercial
					 permit or, at any time after giving notice, revoke a commercial permit already
					 granted to a person upon one or more of the following grounds:
(a) It has been determined that any statement
				  in the application or condition or assumption upon which it was issued is or was
				  false or misleading.
(b) It is
				  determined that the applicant or permit holder does not have adequate facilities
				  for the storage and distribution of restricted pesticides.
(c) It is determined that the applicant or
				  permit holder has engaged in fraudulent business practices relating to the sale
				  and distribution of pesticides.
(d)
				  It is determined that the applicant or permit holder has failed to comply with
				  any pertinent provision of the Environmental Conservation Law or rules and
				  regulations promulgated pursuant thereto.
(e) It is determined that the applicant or
				  permit holder has failed to demonstrate that he has sufficient knowledge and/or
				  experience concerning the proper use and application of pesticides.
(f) It is determined that a permit holder has
				  failed to give accurate and complete information when applying for a permit or in
				  reporting sales or deliveries of restricted pesticides.
(g) It is determined that a permit holder has
				  failed to supply information required upon request of the commissioner.
(h) It is determined that a permit holder has
				  failed to maintain and have available for inspection all records required by the
				  commissioner.
(i) It is determined
				  that the permit holder has failed to provide adequate storage facilities for his
				  inventory of restricted pesticides.
(j) It is determined that a permit holder has
				  failed upon request of the commissioner to permit or aid in the inspection of
				  storage facilities or in the taking of samples of any restricted pesticides under
				  the control of the permittee or his authorized agent.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.6 - Procedure by commercial permit holders upon sale of restricted pesticides

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the sale by a commercial permit holder of a restricted
					 pesticide to a purchase permit holder the procedure for cancellation as provided
					 in section
					 326.10  of
					 this Part shall be followed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.7 - Purchase permits, restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  shall be unlawful for any person to purchase or possess, except for the purpose
				  of resale pursuant to section
				  326.3(d) 
				  of this Part, or use any restricted pesticide unless said person shall have
				  applied for and been issued a purchase permit or who shall have purchased the
				  restricted pesticide in accordance with the provisions of section
				  326.8(e) 
				  of this Part.
(b) Purchase permits
				  may be issued by the commissioner to persons who regularly use and apply
				  pesticides as a significant part of their gainful employment or livelihood as
				  determined by the commissioner. Such persons may include, but not be limited to,
				  Federal, State, county and municipal officers responsible for pest control,
				  registered custom applicators of pesticides, structural pest control operators,
				  farmers, orchardists, nurserymen, arborists, Christmas tree growers,
				  veterinarians, personnel responsible for pest control operation in industrial
				  establishments, golf courses, camps, schools, hospitals, correctional facilities,
				  jails, prisons, parks, highways, railroads and utilities.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.8 - Purchase permits, applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applications for a purchase permit shall be submitted to an agent or office
				  designated by the commissioner. The application shall be made in a manner and on
				  a form prescribed by the commissioner and shall provide such information,
				  statements and certification as the commissioner shall require.
(b) Only one application shall be submitted for
				  the purchase, possession and use of all substances listed in section
				  326.2(a) 
				  of this Part.
(c) A separate
				  application must be filed for each separate use of a substance as listed below:
(1) Aldicarb (Temik)--for use by trained
				  personnel in commercial production of ornamental plants in commercial greenhouses
				  and field grown and nursery planting on:
(i)
				  greenhouse plants or plant beds for control of aphids, leafminers, thirps,
				  mealybugs, spider mites, white flies;
(ii) roses for control of spider
				  mites;
(iii) dahlias--for the control
				  of aphids, leafhoppers, leafminers, spider mites;
(iv) lilies, bulbs--for the control of
				  nematodes; and
(v) birch and
				  holly--for the control of aphids, leafminers.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.9 - Denial of an application or revocation of a purchase permit

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, at any time after giving notice, may deny
					 an applicant a permit or revoke a permit already granted to a person upon one or
					 more of the following grounds:
(a) It is
				  determined that any statement in the application or condition or assumption upon
				  which it was issued is or was false or misleading.
(b) It is determined that the applicant or
				  permit holder failed to justify his need for the quantity and types of restricted
				  pesticides requested.
(c) It is
				  determined that the applicant or permit holder stored, applied, used or disposed
				  of any pesticide contrary to the registered labeled usage or contrary to the
				  conditions specified in his permit.
(d) It is determined that the applicant or
				  permit holder has failed to comply with any provisions of the Environmental
				  Conservation Law or rules and regulations promulgated pursuant thereto.
(e) It is determined that the applicant or
				  permit holder has failed to demonstrate that he has sufficient knowledge and/or
				  experience concerning the proper use, application and disposal of
				  pesticides.
(f) It is determined that
				  a permit holder has failed to supply information required upon request of the
				  commissioner.
(g) It is determined
				  that a permit holder has failed to maintain and have available for inspection all
				  records by the commissioner.
(h) It
				  is determined that the permit holder has failed to provide adequate storage
				  facilities for his inventory of restricted pesticides.
(i) It is determined that the permit holder has
				  failed upon request of the commissioner to permit on-site inspection of equipment
				  used and methods of application of restricted pesticides, or to permit the
				  inspection or taking of samples of any restricted pesticides, or lands, or crops
				  under the control of the permittee or his authorized agent upon which a
				  restricted pesticide has been used.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.10 - Cancellation procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  commercial permit holder shall cancel each purchase of a substance listed in
				  section
				  326.2(a) 
				  of this Part by recording the required information on a suitable form at the time
				  each purchase is made by a purchase permit holder, for which purposes a sales
				  invoice will suffice.
(b)
				  Cancellation of a purchase permit required for a substance listed in this section
				  shall be as follows:
(1) Purchase of total
				  amount.
(i) If a purchase permit holder
				  purchases the total amount of the authorized substance at one time he shall
				  present his purchase permit to the commercial permit holder making the sale who
				  shall, after recording the required information on the sales invoice and on the
				  back of the purchase permit, detach and retain stub 2 of the permit.
(ii) When the total of partial purchases equals
				  the total amount authorized which shall be the authorization required for the
				  possession and use of the restricted substance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.11 - Storage

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall store any restricted pesticide or empty
					 containers thereof in such a manner as may be injurious to human, plant or animal
					 life or to property or which unreasonably interferes with the comfortable
					 enjoyment of life and property throughout such areas of the State as shall be
					 affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.12 - Research

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner, in a manner prescribed by him, may permit
					 the purchase, possession and use of any restricted pesticide listed in section
					 326.2  of this
					 Part for research purposes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.13 - Referenced material

Current through Register Vol. 46, No. 28, July 10, 2024
The technical material incorporated by reference in section
					 326.2(b)(9) 
					 of this Part is available for inspection and copying at Room 530 of the
					 department's offices at 625 Broadway, Albany, NY 12233-4756, or can be directly
					 obtained from Special Review Branch, Registration Division, TS-767C, Office of
					 Pesticide Programs, Environmental Protection Agency, 401 M Street SW, Washington,
					 DC 20460.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 326 - Registration And Classifications Of Pesticides › Section 326.15 - Application requirements for all pesticide product registrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A separate
				  application must be submitted for each of the following types of registrations.
				  All products within each type may be submitted together in one application.
(1) registration of pesticide products with an
				  active ingredient not previously registered by the department;
(2) initial registration or amended
				  registration involving a major change in labeling for a previously registered
				  active ingredient;
(3) initial
				  registration of pesticide products containing active ingredients currently
				  registered by the department and not involving a major change in
				  labeling;
(4) amendment to an
				  existing registration requiring a new registration application for New York
				  State, i.e., product name change, EPA registration number change, or change in
				  ownership of the pesticide product;
(5) renewals of registration;
(6) special local need registrations;
				  and
(7) products labeled under an
				  experimental use permit issued by an agency of the United States
				  Government.