N.J. Admin. Code § 7:30-9.12

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

Section 7:30-9.12 - Notification: household or structural pest control

(a) The types of pesticide application covered by this section are those performed by applicators who are required to be commercial certified pesticide applicators in Categories: 7A--General and household, 7B--Termite and other wood destroying, 7C--Fumigation, 7D--Food processing, 7E--Wood preserving pest control (in structures), 8A--General public health (see exception in (e) below), 8C-Campground, and 12A--Water sanitization; or by a person working under the direct supervision of a commercial certified pesticide applicator in the above categories. The types of pesticide application not covered by this section are applications made by: private pesticide applicators; commercial certified pesticide applicators in Categories: 1A--Agricultural plant, 1B--Agricultural animal, 2--Forest, 3A--Ornamental, 3B--Turf, 3C--Interior plantscaping, 4--Seed treatment, 5--Aquatic, 6A--General vegetation management, 6B--Right-of-way, 7F--Antifoulant, 8B--Mosquito, 8D--Cooling water, 8F--Pet grooming, 9--Regulatory, 10--Demonstration and research (in the above "not covered" categories), 11--Aerial, and 12B--Sterilization; applications with "minimum risk" pesticides exempted from regulation by 7:30-2.1(m)5; and also applications to "mobile structures," such as automobiles, buses, planes and ships.

(b) At single family residences, no commercial application of pesticides shall be made for the control of household or structural pests without the following provisions being carried out, and sufficient time given to take appropriate precautions, if needed, to minimize potential exposure to individuals, pets and non-target sites; except as delineated in (b)3 below:

1. No application shall be made until the residents of the property are given the opportunity to review the following consumer information notice, which shall be provided by the commercial applicator or applicator business in writing or by electronic mail to the contracting party/residents and shall contain, at a minimum, the following:

i. A statement that the exact dates of application shall be available if requested, by the contracting party/residents;

ii. The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients);

(1) When an advance list of possible pesticides for each application has been given to the person to be notified, then the applicator or applicator business shall leave written notice of the specific pesticide used on the application date.

(2) The exercise of this option shall not defeat the purpose of (b)1iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;

iii. Label instructions relating to resident or general public safety, including specific precautions for each pesticide;

(1) Such label instructions may include instructions to vacate for the time specified on the label, or to cover or remove certain objects, such as food, dishes, aquariums, etc. Giving such instructions to the residents does not relieve the applicator of responsibility to insure that applicable label directions are carried out;

iv. The name, address and telephone number of the applicator or applicator business;

v. The telephone number of the National Pesticide Information Center for general health and pesticide toxicology information and the New Jersey Poison Information and Education System telephone number for emergency situations;

vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints";

vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party; and

viii. The statement: "Sanitation, as well as physical and biological control measures, should be considered as a part of a good pest control program. Pesticides may be used as another part of a good pest control program. Pesticides are substances used to control living organisms and vary in degree of toxicity."; and

ix. For termite control applications, a copy of 7:30-10.4 or a Department approved summary of 7:30-10.4.

2. If the contracting party/resident requests prior notification of the specific date of the application, or a copy of the label(s) for the pesticide(s) used, such information shall be provided by the applicator or applicator business.

3. The applicator or applicator business is exempt from the provisions of (b)1 above if the contracting party/resident and the buyer, if applicable, signs a waiver or confirms agreement by electronic mail of such waiver, which states that the written information is declined:

i. Such waiver shall be worded as follows: "I have been told that I have the right to receive consumer information as outlined in 7:30-9.12(b)1. I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing." Signed ________________

ii. The waiver may be withdrawn by the contracting party/resident or buyer, if applicable, at any time by notifying the applicator or applicator business, in writing.

iii. Waivers shall be kept by the applicator or applicator business on file for at least three years.

iv. Waivers shall be provided to the Department immediately upon request.

v. Waivers do not relieve the applicator or applicator business from responsibility to transmit appropriate warnings or precautions to the contracting party, resident, buyer and/or other appropriate persons pursuant to 7:30-10.2.

4. The applicator or applicator business shall provide all information required in (b)1 or 2 above if requested by the new homeowner of a single family residence which was treated pursuant to a real estate transaction.

(c) At multiple family residences, no commercial application of pesticides shall be made for the control of household or structural pests without the following provisions being carried out, and sufficient time given to take appropriate precautions, if needed, to minimize potential exposure to individuals, pets and non-target sites; except as delineated in (c)6 below:

1. The applicator or applicator business shall post a decal notice in each unit prior to the start of the application, as required in (c)2 below; such decal shall have the following specifications:

i. The minimum size of the decal shall be 15 square inches;

ii. The decal shall be legible from a distance of three feet;

iii. The decal shall remain legible while the area is being treated and for at least 60 days afterward. The decal may be removed after 60 days if no further pesticide applications are projected;

iv. The decal shall include the applicator or applicator business name and telephone number;

v. The decal shall include the following statement: "As part of a good sanitation program, this facility may be treated with pesticides. See the manager or building administration for further information."; and

vi. The decal shall conform to all applicable advertising requirements pursuant to 7:30-2.12.

2. The applicator or applicator business shall post the decal prominently on the inside of a kitchen cabinet door. Such cabinet shall be a commonly used cabinet, such as the cabinet above or below the kitchen sink. If a multiple family residence has no kitchen, the decal may be posted inside a cabinet or closet door where the tenant will see it.

3. If the tenant or resident requests additional information, the applicator or applicator business shall provide a copy of all information required in (c)4i through ix below.

4. No application shall be made until the contracting party has been given the opportunity to review the following consumer information notice, a copy of which shall be provided by the commercial applicator or applicator business in writing or by electronic mail to the contracting party, tenants, or residents and which shall contain, at a minimum, the following:

i. A statement that the exact dates of application shall be available if requested, by the contracting party, tenants or residents;

ii. The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients);

(2) The exercise of this option shall not defeat the purpose of (c)4iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;

iii. Applicable label instructions including separate precautions for each pesticide;

iv. The name, address and telephone number of the applicator or applicator business;

vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints.";

vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party;

ix. For termite control applications, a copy of 7:30-10.4 or a Department approved summary of 7:30-10.4.

5. If the contracting party, tenant or resident requests prior notification of the specific date of the application, or a copy of the label(s) for the pesticides used, such information shall be provided by the applicator or applicator business.

6. The applicator or applicator business is exempt from the provisions of (c)4 above if the contracting party, tenant or resident signs a waiver or confirms agreement by electronic mail of such waiver, which states that the written information is declined.

i. Such waiver shall be worded as follows: "I have been told that I have the right to receive consumer information as outlined in 7:30-9.12(c)4. I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing."

Signed________

ii. The waiver may be withdrawn by the contracting party at any time by notifying the applicator or applicator business, in writing.

iii. Waivers shall be kept by the applicator or applicator business on file for at least three years.

iv. Waivers shall be provided to the Department immediately upon request.

7. Common areas (such as hallways, storage areas or laundry rooms) of structures with multiple residential units are considered commercial buildings, which require structural notification pursuant to (d)3 below.

(d) At institutions, commercial, industrial or public buildings, no commercial application of pesticides shall be made for the control of household or structural pests without the following provisions being carried out, and sufficient time given to take appropriate precautions, if needed, to minimize potential exposure to individuals, pets and non-target sites:

1. No application shall be made until the contracting party and the building manager, or building contact person of the individual location, if different than the contracting party, has been given the opportunity to review the following consumer information notice, a copy of which shall be provided by the commercial applicator or applicator business in writing or by electronic mail:

i. A statement that the exact dates of application shall be available if requested, by the contracting party, building manager, or building contact person;

ii. The pesticides to be used (brand name and common chemical names, if available, of the active ingredients);

(2) The exercise of this option shall not defeat the purpose of (d)1iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;

iii. Label instructions relating to building user or general public safety, including separate precautions for each pesticide;

(1) Such label instructions may include instructions to vacate for the time specified on the label, or to cover or remove certain objects, such as food, dishes, aquariums, etc. Giving such instructions to the occupants does not relieve the applicator of responsibility to insure that applicable label directions are carried out;

iv. The name, address and telephone number of the applicator or applicator business;

vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints.";

vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party;

ix. For termite control applications, a copy of 7:30-10.4 or a Department approved summary of 7:30-10.4.

2. If the contracting party, occupant and/or the building manager, or building contact person requests prior notification of the specific date of the application, or a copy of the label(s) for the pesticides used, such information shall be provided by applicator or applicator business.

3. The applicator or applicator business shall post permanent notices, prior to the start of the application, as specified below, such notice to include date of latest application, pesticide(s) used (brand name and common chemical names, if available), the name of a contact person and telephone number for additional information, and the intended date of next application. The Department will allow removal of the notice after 60 days if no further treatments are projected.

i. At health care facilities, the notice shall be prominently posted at the nurse's station adjacent to the areas treated;

ii. At restaurants, or any food handling establishment, the notice shall be prominently posted next to the Health Department inspection card;

iii. At hotels and motels, the notice shall be prominently posted at the main desk;

iv. At schools, places of worship and public meeting places, the notice shall be prominently posted at the central bulletin board; and

v. At commercial and industrial work places, the notice shall be posted in a prominent place for the benefit of the employees.

4. At malls, stores, airports and other large public places, the applicator or applicator business shall post signs during the application, where the public may come in contact with the treated area, and the posting shall remain until the pesticide has settled or dried. This does not apply to crack and crevice treatments.

i. The signs shall bear the following information in letters at least one inch high "Pesticide Treated Area" and the signs shall contain a three inch or greater diameter circular illustration, in standard international signage, depicting an adult and a child walking. The illustration shall indicate by a diagonal line across the circle, that this action is prohibited.

ii. The signs shall be placed at the entrance(s) to the treated areas.

(e) The use of aerosols or fogs in structures which are attached to or adjoining other occupied structures, or structures which have a common air handling system, shall require the notification of the occupants of those adjoining structures in the manner prescribed by (b) above. Crack and crevice applications and flushing agents are exempt from this subsection.

(f) Public health officials are exempt from the notification requirements of this section, 7:30-9.13 and 9.15, during the normal course of their duties.

N.J. Admin. Code § 7:30-9.12

New Rule, R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Recodified from N.J.A.C 7:30-9.10 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. 7:30-9.12, Additional notification, was recodified to N.J.A.C. 7:30-9.15.
Amended by R.2004 d.452, effective 12/6/2004.
See: 36 N.J.R. 2124(a), 36 N.J.R. 5433(a).
Substituted "Information Center" for "Telecommunications Network" throughout.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In the introductory paragraph of (b)1, inserted "or by electronic mail"; in (b)1vi, inserted "is", substituted "and" for a comma following "information" and deleted "and health referrals" following "complaints"; in the introductory paragraph of (b)3, inserted "or confirms agreement by electronic mail of such waiver,"; in the introductory paragraph of (c)4, inserted "or by electronic mail"; in (c)4vi, inserted "is", substituted "and" for a comma following "information" and deleted ", pesticide toxicology information and health referrals" following "complaints"; in the introductory paragraph of (c)6, inserted "or confirms agreement by electronic mail of such waiver,"; added (c)7; in the introductory paragraph of (d)1, inserted "or by electronic mail"; and in (d)1vi, inserted "is", substituted "and" for a comma following "information" and deleted ", and health referrals" following "complaints".