N.J. Admin. Code § 7:30-4.1

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

Section 7:30-4.1 - Licensing

(a) No person shall cause, suffer, allow or permit the operation of a pesticide dealer business which distributes restricted use pesticide to end users in the State of New Jersey without first licensing such business with the Department, on forms provided by the Department, unless:

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

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

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

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

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

6. 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) Each pesticide outlet from which restricted use pesticides are distributed, sold or offered for sale to end users, and each name under which such outlet operates, shall be required to be licensed separately. This subsection also applies to out-of-State pesticide outlets from which restricted use pesticides are distributed, sold, or offered for sale to New Jersey end users.

(c) A location, such as the home of a salesperson or agent of a pesticide dealer business, which is different from the main location of the business with which he is associated and from which transactions, other than those specifically excluded in the definition of a pesticide outlet, are conducted, shall be considered to be a separate pesticide outlet which shall be licensed with the Department as a pesticide dealer business.

(d) An annual license fee of $ 150.00 shall be paid to the Department at the time of licensing for each separate license. The license period shall end on October 31 of each calendar year.

(e) Applications for new licenses will be accepted from pesticide dealer businesses throughout the calendar year, but a full year's license fee will be required. All such licenses will expire on October 31 following the date of application except that the Department may issue a license for an additional year when an application is initially filed during the last three months of the license year.

(f) Any person required to become licensed as a pesticide dealer business shall submit to the Department as an integral part of the license the names, residences, and addresses of all salespersons or agents operating in the State of New Jersey who are authorized to solicit business and/or enter into contracts related to restricted use pesticide sales on their behalf.

(g) The license of a pesticide dealer business is not transferable.

(h) A pesticide dealer business shall notify the Department, in writing and within 30 days, if he or she changes any information on his license application or if he or she is no longer engaged in the business of distributing or selling restricted use pesticides.

1. If a pesticide dealer business license is voided, the license card shall be returned to the Department, Pesticide Control Program.

(i) Every pesticide dealer business shall post in a conspicuous and accessible area a list of persons to contact in case of a pesticide accident. This list shall include, but not necessarily be limited to, the name, address, and telephone number of the New Jersey Poison Information and Education System, the telephone number of the Department environmental action hot line, and the telephone number of the local fire department.

(j) 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 shall result in undue hardship and that granting of the exemption shall not, in the opinion of the Department, result in danger or financial loss to man or the environment.

1. Examples of situations to which (j) above may apply 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 recordkeeping requirements and distribution restrictions mandated by N.J.A.C. 7:30-4.2 and 4.3, with the exception of N.J.A.C. 7:30-4.2(a) 7, shall be followed.

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

N.J. Admin. Code § 7:30-4.1

As amended, R.1984 d.39, eff. 2/21/1984.
See: 15 N.J.R. 2017(b), 16 N.J.R. 368(a).
(a): effective date was July 1, 1983.
Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
(b) added text "This subsection also ... New Jersey end users."; deleted old (c) and substituted new text; deleted (j).
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Substantially amended.
Amended by R.1990 d.426, effective 8/20/1990.
See: 22 N.J.R. 1314(a), 22 N.J.R. 2571(a).
Registration fee increased from $ 75.00 to $ 100.00 at (d).
Recodified from N.J.A.C. 7:30-4.2 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. 7:30-4.1, Definitions, repealed.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (d) and (e), substituted "October 31" for "November 30".