Pesticide Applicator Training Manual - State Laws and Regulations Flashcards
What is the agency responsible for administering and enforcing New York state pesticide laws?
The DEC (Department of Environmental Conservation)
DEC
Department of Environmental Conservation - responsible for administering and enforcing pesticide laws in New York
ECL
Environmental Conservation Law - Provides the general framework for the distribution, sale, use and transportation of pesticides in New York
Which law provides he general framework for the distribution, sale, use and transportation of pesticides in New York?
The ECL (Environmental Conservation Law) Article 33
Title 29, Article 71 of the ECL
Provides the enforcement provisions for article 33
Title 3 of Article 15 of the ECL
Requires a permit for aquatic pesticide use in certain circumstances
Where are New York State pesticide regulations found?
Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Parts 320-329
6 NYCRR Part 325
Contains regulations on the application of pesticides, including commercial and private pesticide applicator certification requirements and pesticide business registration
6 NYCRR Part 326
Contains Pesticide product restrictions and commercial permit requirements
What must happen before pesticides can be offered for sale, sold, distributed, used, or transported in the state
The pesticide must be registered by the DEC
How long are pesticides registered for?
2 Years, at which point they must be renewed
Who classifies a pesticide as restricted use?
Either the EPA or the DEC
DEC Commercial Permit
A commercial permit holder may sell or distribute restricted use pesticides only to another commercial permit holder, a special purchase or use permit holder, or a certified pesticide applicator
What must be done to obtain certification as a Pesticide Applicator?
- Meet the certification eligibility requirements set forth in 6 NYCRR Sections 325.8 to 325.10
- Take two written exams: a core exam (general concepts) and a category or subcategory exam, which must be specific to the pesticide use you plan to practice.
Do you need to be certified to perform a residential application?
No
Residential application
Application of general use pesticides by ground equipment on property personally owned or leased by the applicator.
Private application
Application of any pesticide for the purpose of producing an agricultural commodity: on the property owned or rented by the applicator or the applicator’s employer, or without compensation on property owned or rented by a party to such a transaction
When can an uncertified applicator use restricted-use pesticide for private application?
Under the direct supervision of a certified private applicator only
Commercial pesticide application
Any pesticide application that is not defined as private or residential
Three tiered classification for commercial pesticide applications.
Certified pesticide applicator, technician, apprentice
A Certified commercial pesticide applicator may:
Buy, use, or supervise the use of any pesticide for a commercial application
Train other individuals to make commercial applications
Distribute, sell, or supervise the sale of restricted use pesticides if the applicator holds a commercial permit or is employed by someone who does
A certified commercial pesticide technician may:
Use general use pesticides without direct supervision
Use a restricted use pesticide under the direct supervision of a certified commercial pesticide applicator
Can technicians supervise apprentices?
No
How can technicians become certified commercial pesticide applicators?
Meeting the eligibility criteria set forth in 325.8
commercial pesticide apprentice
Any person engaged in the commercial application of pesticides who is not a certified commercial pesticide applicator or a certified commercial pesticide technician
For how long is applicator certification valid?
5 years
Off-site direct supervision
When the certified pesticide applicator has contact with the person being supervised or can make contact within 30 minutes
On-site direct supervision
When the certified pesticide applicator must be physically present and in voice contact
Direct observation
The applicator must directly observe the application
When is on-site direct supervision generally required?
A person working under a certified private pesticide applicator applies federally restricted-use pesticides;
An apprentice applies federally restricted-use pesticides, aquatic pesticides to state water, pesticides where label requires direct supervision, or pesticides at day care, school, or hospital
A technician applies termiticides, fumigants, pesticides with a label requiring on-site supervision, or aquatic pesticides to state surface water.
Requirements for the use of pesticides (section 325.2)
Must be used such that contamination is prevented;
Applicator must have a label for each pesticide being used;
Valid certification card on their person
What must a pesticide business do to register with the DEC?
Employ one or more certified commercial pesticide applicators or technicians, certified in the category in which the biz offers services. Certified applicators are required for business that are Industrial, Institutional, or structural; aquatics; agriculture; arial.
Meet min general liability insurance requirements set by state for individual and per incident bodily injury and property damage, or hold a surety bond of comparable value
Pay a registration fee
What constitutes a pesticide agency?
Any state agency; municipal corporation; public authority; college; railroad; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation that applies pesticides
What must be done with empty metal or plastic pesticide containers?
They must be triple rinsed or emptied according to label directions. They can then be disposed of in a sanitary landfill, or returned if returnable.
BPD
Backflow prevention device - prevents pesticide-contaminated water from being siphoned back into the water source
What BPDs are approved by the New York State Dept. of Health?
Reduced pressure zone devices and air gap devices
When must an applicator provide a pesticide label directly to the occupants of a structure?
The structure is a one or two family dwelling
The occupant of a multiple-dwelling unit retains your services to apply pesticides within that unit.
A commercial lawn application of pesticides to ground, trees, or shrubs on public or private outdoor property except:
Applications for the purpose of producing an agricultural commodity;
Residential applications;
Applications around or near the foundation of a building for the purpose of indoor pest control;
Applications by or on behalf of agencies, except that agencies are subject to visual notification requirements;
Applications on golf courses or turf farms
Prior to any commercial lawn application, a written contract must be entered into that specifies:
The dates of application Number of applications What pesticides will be applied Any pertinent label warnings Business and applicator info Total cost
When are commercial applicators required to provide visual notification markers within or along the perimeter of the area where pesticides are applied?
When making commercial lawn applications, or performing applications within 100 feet of a dwelling, multiple dwelling, public building or public park on behalf of an agency.
PRL
Pesticide Reporting Law - requires certified commercial pesticide applicators and technicians to submit an annual report that details pesticide application activities.
When are PRL reports due, and to whom?
February 1, to the DEC
General record-keeping requirements for businesses and agencies that are required to register with the DEC
Daily use records for each pesticide application, maintained on an annual basis, kept on file for at least 3 years, and made available for DEC inspection
