N.J. Admin. Code § 7:30-8.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-8.8 - Records

(a) Any person required to be licensed as a private pesticide applicator shall keep, for each application of a pesticide made by him or her or under his or her direct supervision, a record of application containing the following information, unless the application is of aquatic pesticide, in which case a record shall be kept in accordance with N.J.A.C. 7:30-9.3(j):

1. The date of application.

i. For pesticides having a specific restricted entry interval (REI) on the label or labeling, the date of application shall include the hour completed (which signals the beginning of the REI); and

ii. The re-entry time and date;

2. The place of application.

i. For pesticide applications to an agricultural commodity, place of application shall include:

(1) The name and address of the farm;

(2) The specific field, greenhouse or land area, including the municipality and county;

(3) The crop, commodity or stored product that was treated with the pesticide; and

(4) The size of the area treated;

3. The brand or trade name, the active ingredients, and the EPA registration numbers of each pesticide used or symbol representing such information, providing the business also keeps a list, which clearly correlates the symbol used pursuant to (b)1 below;

4. The "recipe" used to mix the pesticide mixture, as required by the label. The recipe shall consist of:

i. The total amount of pesticide concentrate; and

ii. The total amount of diluent;

5. The total amount of mixture used for each individual application; and

6. The full name and pesticide applicator license number of the person making the application; or the full name of the handler; or a symbol that corresponds to that person's name on a separate list of all private applicators and/or handlers.

(b) In addition to the records required by (a) above, the applicator shall also keep, in writing:

1. A listing of the names, active ingredients (common chemical name, if available) and corresponding EPA Registration Numbers of all the pesticides applied by him or her. This information may be kept separately from the records required by (a) above, only if a code is used on each application record which corresponds to a pesticide on the list or the information may be integrated with such records by including on the record of each pesticide application the full name, active ingredients and EPA Registration Number of each pesticide used; and

2. A listing of the handler(s) working under the private applicator's direct supervision.

(c) All records and information required to be kept pursuant to this section shall be recorded in writing as soon as possible, but no later than 24 hours after application and kept for a minimum of three years.

(d) All records and information required to be kept pursuant to this section shall be immediately provided to the Department upon request. Such records shall also be immediately provided to medical personnel in emergency cases. In non-emergency cases, medical personnel may request this information through the Department.

(e) Before the application of any pesticide on or in an agricultural establishment, every agricultural employer, agricultural owner, or agricultural lessee is entitled to the following information from any handler employer, commercial pesticide applicator, and/or pesticide applicator business performing any application of a pesticide having a restricted-entry interval (REI) subject to the provisions of N.J.A.C. 7:30-12:

1. The specific location and description of the areas to be treated;

2. The start and estimated end time and date of application;

3. The product name, EPA registration number, and active ingredient(s);

4. The restricted-entry interval specified on the pesticide labeling;

5. Whether posting and oral notification, or both, are required; and

6. Any restrictions or use directions on the pesticide labeling that are to be followed in order to protect workers, handlers, or other persons during or after application.

(f) The records of application for all pesticides used under a State or Federal Experimental Use Permit, FIFRA Section 18 Emergency Exemption or Section 24(c), Special Local Needs registration shall be clearly designated so that they stand out from the other application records. In addition, such records shall contain, in addition to the information required in (a) above; the EPA Section 24(c) SLN Product Registration Number, EPA Section 18 File Symbol Number, or the EPA EUP Number.

N.J. Admin. Code § 7:30-8.8

Amended by 52 N.J.R. 756(a), effective 4/6/2020