N.J. Admin. Code § 7:30-6.1

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

Section 7:30-6.1 - General requirement and exemptions

(a) No commercial pesticide applicator shall engage in, cause, suffer, allow, or permit the use or application of, or supervise the use or application of, any pesticide in any category or subcategory in which he or she has not been certified and licensed unless:

1. Such person is using a general use pesticide by equipment, other than aerial, in or around a private residence owned or rented by him or her and in which he or she resides. In multi-family private residences, this paragraph shall apply to such person only in the individual unit in which he or she resides;

2. Such person is using a general use pesticide by equipment other than aerial for himself or herself or his or her employer on premises owned or rented by him or her or his or her employer and utilized for non-residential purposes, provided all of the following are true:

i. An exterior application itself does not involve more than three acres of land;

ii. The application is not made to an area where food or food-stuffs for human consumption are prepared, served, or stored;

iii. The property or premises to which the pesticide is applied indoors is not utilized by more than 10 employees; and

iv. The application is not made to a school, or day care center;

3. Such person is using pesticides by equipment, other than aerial, under the direct supervision of a responsible commercial pesticide applicator and where an employer-employee relationship exists between the person supervising the application and the person applying the pesticide, and where that person meets the requirements of N.J.A.C. 7:30-5;

i. For the purposes of this subchapter, a person is under direct supervision only if the person supervised and the person supervising are employed by the same employer at the same physical location.

ii. "Employed at the same physical location" means that the person supervising and the person supervised shall both have physical work spaces at the same physical location;

4. Such person is using a pesticide on property or premises owned or rented by the Federal government:

i. If such person is a Federal employee engaged in the performance of his official duties, and;

ii. If such person 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 the FIFRA, as amended;

5. Such person is using antimicrobial agents unless such agents have been classified as restricted use pesticides or such agents are being used in the pulp or paper process, or in the cooling waters of cooling towers or similar cooling devices;

6. Such person is using wood preserving agents unless such agents have been classified as restricted use pesticides;

7. Such person is using antifouling paints or agents unless such paints or agents have been classified as restricted use pesticides;

8. Such person is a veterinarian, or is working under the direct supervision of a veterinarian, and is using pesticides on animals as part of his or her practice;

9. Such person is using chlorine gas, a restricted use antimicrobial agent, and is a holder of, or is working under the direct supervision of a holder of, one of the valid operator licenses listed in (a)9i through v below, provided that the operator license held is the proper one for the facility where the chlorine gas is being used:

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 Systems License, except NN license;

vi. The exemptions in this paragraph are valid unless Federal regulation is changed to exclude them;

10. Such person is using a general use pesticide, such as a general use aerosol, in a manner limited to spot applications for personal safety against stinging insects, provided that the application is to an exterior site which will not potentially expose anyone except the user;

11. Such person is using any "minimum risk" pesticide exempted from regulation by N.J.A.C. 7:30-2.1(m)5; or

12. Such person is exempt under the provisions of N.J.S.A. 13:1F-1a, namely local or county health inspectors who use only general use pesticides as flushing agents, such as pyrethrum sprays, to check for insect infestations during the normal course of their job.

(b) Notwithstanding the responsibility of any other person or the exemption from the provisions of any other section of this subchapter, any pesticide applicator may be jointly and severally responsible for any aspect of the pesticide application in which he or she is involved including acts taken by others to, at least in part, further the interests of the pesticide applicator.

(c) Persons exempt under this section from all certification requirements shall not be considered to be commercial pesticide applicators, except that the exemption listed in (a)2 above shall not apply to any employee of a governmental agency (except for those exempt under the provisions of N.J.S.A. 13:1F-1a, namely local or county health inspectors who use only general use pesticides as flushing agents, such as pyrethrum sprays, to check for insect infestations during the normal course of their job) who engages in the use and application of pesticides as is necessary within the scope of his or her employment.

(d) Any person who believes that compliance with the provisions of this subchapter with respect to the requirements of (a) above will result in undue hardship, may apply to the Department for an exemption from the provisions of this subchapter, setting forth his or her reasons and justifications therefore, provided the proposed application is limited to general use pesticides to be applied on private property not open to the general public.

(e) Possession or storage of any pesticide on a vehicle which meets the definition of a service vehicle, under circumstances which are not listed as exceptions pursuant to (a) above or N.J.A.C. 7:30-8.1(a) is considered as evidence that the user, owner or lessee of the vehicle is a commercial pesticide applicator and is required to be registered pursuant to this subchapter. Such person may also be required to register as a commercial pesticide applicator business pursuant to N.J.A.C. 7:30-7.

N.J. Admin. Code § 7:30-6.1

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 New Jersey Register 242(b), 17 New Jersey Register 2609(b).
Added text in (a)3: "and where an ... the pesticide; or".
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)7.-9.; deleted old (b) and substituted new.
Recodified from N.J.A.C. 7:30-6.2 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 the section. Former N.J.A.C. 7:30-6.1, Definitions, repealed.