N.J. Admin. Code § 7:30-3.1

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

Section 7:30-3.1 - General requirements

(a) No person shall distribute, sell, or offer for sale or supervise the distribution, sale, or offering for sale of any restricted use pesticide to an end user without first meeting the requirements of certification and licensing as a pesticide dealer unless:

1. Such person is working under the direct supervision of a responsible pesticide dealer and where an employer-employee relationship exists between the person supervising and the person actually distributing the pesticide;

i. For the purposes of this subchapter and N.J.A.C. 7:30-4, a person is under direct supervision only if the person supervised and the person supervising are employed at the same pesticide outlet.

ii. "Employed at the same pesticide outlet" means that the person supervising and the person supervised shall both have physical work spaces at the same pesticide outlet. In addition, all records of restricted use pesticide sales performed by the person supervised shall be kept at the same pesticide outlet as the person supervising and shall be immediately available upon request by the Department.

2. Such person is a pesticide applicator who distributes pesticide only as an integral part of his pesticide application service when such pesticides are dispensed only through equipment used during a pesticide application;

3. Such person is a State or county agent or instrumentality thereof and is providing pesticides to its employees for its own programs;

4. Such person is a duly licensed pharmacist dispensing a prescription pharmaceutical which contains a substance which could be classified as a restricted use pesticide;

5. Such person is a veterinarian administering or dispensing a restricted use pesticide for use on animals as a part of his or her practice;

6. Such person is distributing a restricted use pesticide under the provisions of an experimental use permit issued by the EPA or the department; or

7. Such person is a scientist conducting limited educational research or experiments involving a restricted use pesticide for the purpose of gathering information about the pesticide.

(b) Persons exempt under this section from all certification requirements shall not be considered to be pesticide dealers.

(c) The Department may grant an exemption from the provisions of this subchapter to any person who has shown to the satisfaction of the Department that compliance with the provisions of this subchapter will result in undue hardship and that granting of the exemption will not, in the opinion of the Department, result in danger or financial loss to man or the environment.

1. Examples of situations to which (c) above may include, but are not limited to:

i. An applicator business going out of business;

ii. A private applicator going out of business; or

iii. The death of an applicator or dealer who still holds restricted use pesticides.

2. In situations where the Department has granted an exemption, the seller shall meet all the recordkeeping requirements and distribution restrictions pursuant to N.J.A.C. 7:30-3.7 and 3.8, with the exception of N.J.A.C. 7:30-3.8(b).

i. Upon request by the Department, records of sale shall be sent to the Pesticide Control Program, Attn: RUP Sales Records, PO Box 411, Trenton, NJ 08625-0411.

(d) This subchapter also applies to out-of-State pesticide dealers who distribute, sell, offer for sale or supervise the distribution, sale, or offering for sale of State or Federal restricted use pesticides to New Jersey end users.

N.J. Admin. Code § 7:30-3.1

As amended, R.1984 d.39, eff. 2/21/1984.
See: 15 New Jersey Register 2017(b), 16 New Jersey Register 368(a).
(a): effective date was July 1, 1983.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Deleted effective date from (a); added text to (a)1 "and where an ...".
Recodified from N.J.A.C. 7:30-3.2 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote (a) and (c) and added (d). Former N.J.A.C. 7:30-3.1, Definitions, repealed.