N.J. Admin. Code § 7:30-12.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-12.2 - Standard for workers

(a) Except as provided by (b) and (c) below, this subchapter applies when any pesticide product bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is used on an agricultural establishment.

(b) This subchapter does not apply when any pesticide bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is applied to an agricultural establishment in the following circumstances:

1. As part of government-sponsored public pest control programs over which the owner, agricultural employer, and handler employer have no control, such as mosquito abatement, Mediterranean fruit fly eradication, or similar community or area-wide public pest control programs;

2. On livestock or other animals, or in or about animal premises;

3. On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses;

4. On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modification;

5. On pasture and rangeland where the forage will not be harvested for hay;

6. In a manner not directly related to the production of agricultural plants, or animals, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas;

7. For control of vertebrate pests, unless the control is directly related to the production of an agricultural plant;

8. As attractants or repellents in traps;

9. On the harvested portions of agricultural plants or on harvested timber; or

10. For research uses of unregistered pesticides.

(c) The following exemptions to this subchapter apply:

1. On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner is not required to provide to himself or herself or members of his or her immediate family who are performing tasks related to the production of agricultural plants the protections identified in:

i.N.J.A.C. 7:30-12.4(a)5, 6, and 7;

ii.N.J.A.C. 7:30-12.4(c)5, 6, 7, and 8;

iii.7:30-12.5;

iv.7:30-12.6;

v.7:30-12.8;

vi.7:30-12.9;

vii.7:30-12.10; and

viii.7:30-12.11.

2. The owner of an agricultural establishment shall provide all of the applicable protections required by this subchapter to other workers and other persons who are not members of his or her immediate family.

3. Provided that the conditions of (c)3ii below are met, a person who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by the Department, Pesticide Control Program, EPA, or another state or Tribal lead agency for pesticide enforcement are exempt from the provisions of N.J.A.C. 7:30-12.10 and 12.11.

i. A certified or licensed crop advisor may determine what personal protective equipment is appropriate for a person entering into a treated area during a restricted-entry interval and may substitute that personal protective equipment for the personal protective equipment that the pesticide labeling identifies as required.

ii. Conditions of the crop advisor exemption in (c)3i above are as follows:

(1) The certification or licensing program requires pesticide safety training that includes, at least, all the information in 7:30-12.16(c)3.

(2) The exemption applies only when performing crop advising tasks in the treated area.

iii. An employer of a crop advisor shall provide all protection that this subchapter requires to any crop advisor employee who is performing the duties of a crop advisor but is not a licensed or certified crop advisor.

N.J. Admin. Code § 7:30-12.2

Amended by 52 N.J.R. 756(a), effective 4/6/2020