N.J. Admin. Code § 7:30-8.1

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

Section 7:30-8.1 - General requirements

(a) No private pesticide applicator shall engage in, cause, suffer, allow, or permit the use or application of, or supervise the use or application of, any pesticide without first meeting the requirements of certification and licensing as a private pesticide applicator unless:

1. Such person is applying pesticides under the direct supervision of a certified and licensed private pesticide applicator pursuant to N.J.A.C. 7:30-12.12;

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 business or agricultural establishment 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. In addition, all records of pesticide application performed by the person supervised shall be kept at the same physical location as the person supervising and shall be immediately available upon request by the Department pursuant to N.J.A.C. 7:30-8.8;

2. Such person is a commercial pesticide applicator certified and licensed in a commercial category or subcategory which completely covers the subject matter content in the private pesticide applicator certification requirements;

3. Such person is using general use pesticides on property owned or rented by that person to produce an agricultural commodity or commodities worth less than $ 2,500 annually;

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

5. Such person has experience in using pesticides for the purpose of producing an agricultural commodity and is only using general use pesticides for such purpose. This exemption shall expire on November 19, 2003, after which all private pesticide applicators shall be subject to the certification and licensing requirements of (a) above.

N.J. Admin. Code § 7:30-8.1

Recodified from N.J.A.C. 7:30-8.2 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 Former N.J.A.C. 7:30-8.1, Definitions, repealed.