N.J. Admin. Code § 7:30-2.11

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

Section 7:30-2.11 - Amending prohibited and restricted-use pesticide lists

(a) The department may revise the list of prohibited and restricted use pesticides designated by the State of New Jersey; provided that, any change in the list shall be made in accordance with the provisions of the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq.

(b) Any person may petition the Department for modification of the listings in N.J.A.C. 7:30-2.9 or 2.10 provided that the petitioner shall supply adequate information (as determined by the Department) to demonstrate that the modification is necessary.

(c) The Department shall consider the following criteria when evaluating a pesticide for placement on the prohibited or restricted use pesticide list:

1. Acute toxicity;

2. Neurotoxicity;

3. Chronic health effects, including but not limited to:

i. Carcinogenicity;

ii. Mutagenicity;

iii. Teratogenicity;

iv. Embryotoxicity;

v. Reproductive effects.

4. Environmental fate, including but not limited to:

i. Persistence;

ii. Bioaccumulation;

iii. Frequency of detection in environmental media;

iv. Potential for contamination of "waters of the State";

5. Pesticide use pattern(s); and

6. Pesticide regulatory history.

(d) For purposes of interpretation of (c) above, failure to evaluate all criteria or lack of definitive data in any review criterion so as to limit effective consideration in such area, shall not affect prohibition and/or restriction as determined by the department through evaluation of other criteria.

(e) When any pesticide is reclassified from general to restricted use, such restriction shall be immediate unless otherwise provided by US EPA for a pesticide restricted under N.J.A.C. 7:30-2.10(a)1 or unless otherwise provided by the Department in N.J.A.C. 7:30-2. The Department, at the time of reclassification, may provide a specified time period and any other condition for continued sale and/or use of the reclassified pesticide after evaluation of the criteria established in N.J.A.C. 7:30-2.11(c).

(f) No person shall distribute or sell a restricted use pesticide for resale only, to a retail dealer or distributor without first informing the purchaser in writing that the pesticide being distributed or sold is a restricted use pesticide.

N.J. Admin. Code § 7:30-2.11

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Substantially amended.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Added (c)2 and renumbered (c)2.-5 as 3.-6.
Recodified from N.J.A.C. 7:30-2.4 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
In (b), amended the N.J.A.C. reference; in (e), substituted "US" for "the Federal", "2.10(a)1" for "2.3(a)2" and "2.11(c)" for "2.4(c)"; added (f).