N.J. Admin. Code § 7:30-4.3

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

Section 7:30-4.3 - Sale of restricted use pesticides

(a) No pesticide dealer business shall distribute or sell a restricted use pesticide to an end user unless the purchaser presents a valid pesticide applicator license.

1. For the purposes of this section, the presentation of only a commercial pesticide operator's license is not acceptable.

2. For the purposes of this section, a valid certification issued by a Federal agency shall be acceptable in lieu of a State of New Jersey pesticide applicator's license if the purchaser is applying a pesticide on property or premises owned or rented by the Federal government, if the purchaser is a Federal employee engaged in the performance of his or her official duties, and if the purchaser has been certified as an applicator of pesticides under a Federal agency plan which has been approved by the United States Environmental Protection Agency pursuant to the provisions of Section 4 of FIFRA (7 U.S.C. § 136(l)), as amended.

3. For the purposes of this section, any one of the valid operator licenses listed below is acceptable in lieu of a State of New Jersey pesticide applicator's license for obtaining chlorine gas, a restricted use antimicrobial:

i. Public Water Treatment System license;

ii. Public Water Distribution System license;

iii. Public Wastewater Treatment System license;

iv. Public Wastewater Collection System license; or

v. Industrial Wastewater Treatment System license, except NN license.

4. The exemptions in (a)3 above are valid unless Federal regulation is changed to exclude them.

5. For the purpose of this section, proof that the end user is a veterinarian is acceptable in lieu of a State of New Jersey pesticide applicator's registration if the veterinarian is obtaining the restricted use pesticides for use on animals as part of his or her practice.

6. For the purposes of this section, sale of a New Jersey State restricted use pesticide to an end user who will not be using it in New Jersey, shall not require a valid pesticide applicator license.

i. The dealer shall meet all the recordkeeping requirements pursuant to N.J.A.C. 7:30-4.2, with the exception of N.J.A.C. 7:30-4.2(a)5 and 6.

ii. The dealer shall also obtain a statement signed by the end user, that the New Jersey restricted use pesticide shall not be used in New Jersey.

iii. This paragraph applies only to pesticide dealers physically located within the boundaries of the State of New Jersey.

(b) 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.

(c) All transactions involving the sale or distribution of restricted use pesticides to end users shall be conducted by or under the direct supervision of a certified and licensed pesticide dealer employed at the pesticide outlet where the transactions take place.

1. For the purposes of N.J.A.C. 7:30-3 and this subchapter, a person is under direct supervision only if the person supervised and the person supervising are employed at the same pesticide outlet.

2. "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 site as the person supervising and shall be immediately available upon request by the Department.

N.J. Admin. Code § 7:30-4.3

As amended, R.1984 d.39, eff. 2/21/1984.
See: 15 New Jersey Register 2017(b), 16 New Jersey Register 368(a).
(c): exception and exemption added.
Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
(b) deleted "dealer pesticide business" and substituted "person"; deleted "another" and substituted "a retail".
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Added (a)3.-4.
Recodified from N.J.A.C. 7:30-4.4 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote (a); in (b), inserted "in writing" following "purchaser"; in (c), substituted "licensed" for "registered" in the introductory paragraph and added 1 and 2. Former N.J.A.C. 7:30-4.3, Records, recodified to N.J.A.C. 7:30-4.2.