N.J. Admin. Code § 7:30-10.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:30-10.2 - Pesticide use and/or application

(a) No person shall use or apply a pesticide in a manner inconsistent with its Federal or State registered label or labeling, or restrictions as provided for in this chapter. The following activities shall not constitute a violation of the label or labeling:

1. Applying a pesticide at any dosage, concentration or frequency less than that specified on the label or labeling, unless the label or labeling specifically prohibits this;

2. Applying any pesticide against a target pest not specified on the label or labeling, provided that the application is made to the site, crop or animal specified on the label or labeling; unless the US EPA or the Department, where authorized, has required that the pesticide shall only be used for pests specified on the label, or pests specified in Department rules;

3. Employing any method of application, except aerial, pursuant to N.J.A.C. 7:30-10.6(x), and chemigation, not prohibited by the label or labeling;

4. Mixing a pesticide or pesticides with a fertilizer when such a mixture is not prohibited by the label or labeling; or

5. Any use of a pesticide in conformance with Sections 5 or 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §§ 136(c) and 136(p), respectively).

(b) No person shall transport, handle, store, mix or load any pesticide or pesticide container in a manner that causes:

1. Harm, injury or damage to persons, property or the environment; or

2. A significant risk of harm, injury or damage.

(c) No person shall apply pesticides in a manner that causes:

1. Harm, injury or damage to persons, property or the environment; or

2. A significant risk of harm, injury or damage.

(d) No person shall directly apply any pesticide to a non-target site.

(e) No person shall make any application of a pesticide unless he or she takes reasonable precautions, before, during and after the application, to minimize exposure of individuals or the environment to the pesticide and ensure the safety of any individuals or the environment consequently exposed. Such precautions shall include, but not be limited to, transmittal from the applicator to the exposed and/or potentially exposed individual of precautionary label statements relevant to such individuals or the environment.

(f) No person applying a pesticide shall permit drift or other movement of the pesticide to infringe on a non-target site, under circumstances where such infringement should be reasonably foreseeable.

(g) No person shall clean or rinse containers or application equipment which holds or has held a pesticide in a manner that causes harm, injury or damage to persons, property or the environment, or a significant risk of harm, injury or damage.

(h) No person shall add water to any pesticide handling, storage, or application equipment via a hose, pump, or other equipment unless such hose, pump, or other equipment is fitted with an effective valve or device to prevent backflow of pesticides or liquids containing pesticides into water supply systems, streams, lakes, other sources of water or other areas.

(i) No person shall mix or apply or use a pesticide unless a readable copy of the registered label for the pesticide which is being mixed or applied is available at the application or mixing site.

(j) No person shall apply or use pesticides on a field or any other area used for agricultural purposes when persons other than those involved in the application or evaluation of the applied pesticide are within the boundaries of the target site to which the pesticide is being applied; unless such persons have appropriate protective clothing and/or equipment as required by the labels or labeling of the pesticides being applied.

(k) No person shall perform a community or areawide pesticide application for gypsy moth control during normal student commuting times, as determined by the local school district, within two miles of a school including part or all of grades K through 8 and within two and one-half miles of a school including part or all of grades 9 through 12. Provisions of this subsection shall not apply on those days when a school is not in session.

(l) No person shall make a commercial application of a fumigant unless at least one applicator certified and licensed in the appropriate category or subcategory which allows fumigation, such as those described in N.J.A.C. 7:30-6.2(a)1 i--Category 1A, Plant, (a)3ii--Category 3B Turf, (a)7iii--Fumigation, or (a)7iv--7D Food processing is present at the application location for the "duration of the application" as defined in N.J.A.C. 7:30-1.2. The licensed applicator does not have to be present during the entire retention period.

1. A certified and licensed applicator need not be present at the opening of fumigated transportation modules, such as rail cars, truck trailers, or ships, if the following requirements are met:

i. The person or persons opening the transportation module have been trained in the use of respirators and/or SCBA (Self-Contained Breathing Apparatus) appropriate to avoid exposure to fumigants and also how to dispose of any residues properly, and

ii. The transportation module has been in transit for a time in excess of the normal fumigant holding time.

2. The use of fumigants covered by categories 12A and 12B are exempt from (l) above.

(m) No person shall make an application of a pesticide containing diazinon to sod farms, golf courses, or other turf areas greater than three acres, or to other general turf areas of three acres or less that evidence indicates are frequented by waterfowl.

(n) No person shall make an application of any pesticide, except for rodenticides, insect baits and antimicrobial agents, in or around a day care facility, during normal operating hours, as set by the facility administration. After normal operating hours, or for the exceptions in (n)1 and 2 below, applications can be made in areas where children will not contact treated areas until ventilation requirements and the numerical re-entry time prescribed on the label have been met, or if there is no numerical re-entry time prescribed on the label, until seven hours have passed.

1. Recreational fields which are not used by the children during normal operating hours may be treated during normal operating hours.

2. Structures that are separate from any structure used by the children during normal operating hours and which shall not be used by the children during normal operating hours may be treated during normal operating hours.

3. This subsection is not applicable to public health officials during the normal course of their duties.

(o) No person shall make an application of a TBT antifoulant paint unless applied:

1. Within a commercial boat yard; and

2. To vessels which exceed 25 meters (82.02 feet) in length or which have aluminum hulls.

(p) Pursuant to N.J.A.C. 7:50-6.87(c), no person shall use any herbicide on any road or public utility right-of-way within the Pinelands unless necessary to protect an adjacent agricultural activity. Should N.J.A.C. 7:50-6.87(c) be amended, then such amended regulation shall take precedence.

N.J. Admin. Code § 7:30-10.2

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
Old section was "Aquatic use permits".
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Deleted text from (h) "except that such ..."; deleted text from (k) "between 7:30 and 8:30 A.M." and added "during normal student ... local school district"; added (m)-(p).
Recodified from N.J.A.C 7:30-10.3 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Rewrote the section. Former N.J.A.C. 7:30-10.2, Restriction of pesticide use, was recodified to N.J.A.C. 7:30-10.1
Amended by R.2004 d.452, effective 12/6/2004.
See: 36 N.J.R. 2124(a), 36 N.J.R. 5433(a).
Rewrote (n).
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (e), substituted "ensure" for "insure" and "consequently" for "necessarily"; and in the introductory paragraph of (n), deleted "label re-entry or" following "until", inserted "and the numerical re-entry time prescribed on the label" and substituted "numerical" for "specific".