N.J. Admin. Code § 7:30-9.5

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

Section 7:30-9.5 - Storage of pesticides

(a) Restricted use pesticides and containers contaminated by residues of restricted use pesticides shall, when unattended, be stored in a secure, locked enclosure. Such an enclosure shall bear prominently displayed warnings in English and any other language or languages as may be designated by the Department to reflect the ethnic majority of the local geographical area in which the storage area is located.

(b) Any person required to be a licensed pesticide applicator or dealer who stores any pesticide shall maintain a list of the pesticides stored or likely to be stored during the license year and shall annually send a copy of this list with an explanatory cover letter to the local fire company along with a written description or diagram depicting the exact location of the area on the property where the pesticide is stored; provided that the provisions of this subsection shall not apply to individuals who are storing pesticides for their personal use on their private residence or persons who are storing pesticides for less than seven calendar days at loading or application sites in connection with their use.

1. The list shall be updated and sent to the local fire company each year by May 1.

2. The list shall be kept at a location which is separate from the actual storage site.

3. The cover letter shall explain that this list has been sent pursuant to N.J.A.C. 7:30-9.5(b).

4. A copy of each year's cover letter shall be kept on file for three years and shall be provided immediately upon request by the Department.

(c) No person shall store restricted use pesticides in a building wholly or partly occupied as a private residence unless:

1. The actual storage area, such as a garage, is a structurally separate room for those commonly used as living areas of the residence, and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into the living areas of the residence; and

2. In the case of multi-family private residences, the actual storage area is a structurally separate room from those rooms commonly used as living areas, and the location of the storage area does not present a significant risk of harm, injury or damage to residents in the building and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into the living areas of the residence.

(d) No person shall store restricted use pesticides in a building wholly or partly occupied as a commercial establishment or institution unless:

1. The actual storage area is a structurally separate room from those occupied as work areas and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into the occupied areas of the building; and

2. In the case of multi-unit commercial establishments or institutions, the actual storage area is a structurally separate room from those rooms commonly used as living or work areas, and the location of the storage area does not present a significant risk of harm, injury or damage to occupants or employees in the building and the ventilation in the storage area is sufficient to keep fumes and/or any potential fumes from intruding into the occupied areas of the building.

(e) The storage of any restricted use fumigant as delineated in N.J.A.C. 7:30-2.10(a)2 in a multi-family private residence, or in multi-unit commercial establishments or institutions, is considered to present a significant risk of harm, injury or damage and is prohibited.

1. This prohibition shall not apply to the storage of Ethylene Oxide as long as it is stored in accordance with OSHA requirements pursuant to 29 CFR Part 1910.

(f) No person shall store or transport pesticides in any service vehicle unless:

1. The service vehicle has posted thereon prominently displayed signs on at least the two sides of the vehicle, which clearly identifies the vehicle as containing pesticides or which clearly identifies the vehicle as being a pest control service vehicle. Lettering on signs shall be a minimum of three inches high;

i. The service vehicle shall also conform to the applicable advertising requirements of N.J.A.C. 7:30-2.12 and, if it is an applicator business, the requirements of N.J.A.C. 7:30-7.1(e);

2. All containers smaller than five gallons are securely stored in such a manner as to be resistant to being spilled or directly bumped by other containers;

3. Glass containers of any size are securely padded to avoid breakage;

4. Five gallon or larger containers are tightly braced or secured to a structural part of the service vehicle such as to the side, to prevent or reduce movement resulting from a sudden stop;

5. The service vehicle is provided with a supply of an absorbent material, sufficient to soak up or contain any liquid spills which may occur, and a shovel and/or broom and pan used exclusively to help contain the spills;

6. The service vehicle is equipped with at least an accessible and working 10-B:C dry chemical, or carbon dioxide fire extinguisher;

7. The pesticides are stored in a compartment separate from the driver, such as the bed of a pick-up truck or a van equipped with a partition. Such a partition may consist of a grillwork or heavy screening designed to limit movement of the pesticide containers;

8. All pesticide containers or any pesticide contained in portable application equipment, such as hand-held pressurized tank sprayers, are locked or secured to the vehicle in such a manner as to prevent removal by unauthorized persons, when such container or application equipment is located at an open, accessible area on the service vehicle when unattended; and

9. The hatch or door on any service vehicle tank containing a pesticide is equipped with a cover that will prevent spillage when the vehicle is in motion.

(g) No person who stores any pesticide shall store or display a pesticide next to food, or animal feed products; provided, that the provisions of this subsection shall not apply to individuals who are storing pesticides for their personal use on their private residence.

(h) Any person who stores or displays any pesticide shall have equipment, used exclusively for pesticide spill response and clean up, immediately available, including, but not limited to:

1. Enough absorbent material to absorb any liquid spill which could potentially occur; and

2. A shovel or a dust pan and brush, which shall be used exclusively to help contain the spill and pick up any absorbent material or dry pesticide, or a recovery or containment system capable of containing any spill which could potentially occur.

(i) The provisions of (h) above shall not apply to individuals who are storing pesticides for their personal use on their private residence.

N.J. Admin. Code § 7:30-9.5

Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Substituted "shall" for "must"; added text to (b); Deleted text from (b)7 "Provisions of N.J.A.C. ...".
Recodified from N.J.A.C 7:30-9.4 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 (b); in (c), rewrote 2; in (d), rewrote 2; in (e), updated N.J.A.C. reference in the introductory paragraph and added 1; in (f), added 1i and rewrote 5 through 7; added (g) through (i). Former N.J.A.C. 7:30-9.5, Containers and container labeling, was recodified to N.J.A.C. 7:30-9.6.
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), inserted "or dealer" and substituted "a written description or diagram depicting the exact location of the area on the property where the pesticide is stored" for "the actual location of the storage area"; and in (f)6, substituted "an accessible and working" for "a".