N.Y. Comp. Codes R. & Regs. tit. 6 § 325.16

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325.16 - Categories of commercial pesticide application

(a) Agricultural and animal pest control.

(1) Plant. This subcategory includes commercial applicators using or supervising the use of pesticides, including chemigation: in production of agricultural crops, including but not limited to corn, alfalfa, feed grains, soybeans and forage; vegetables; small fruits; tree fruits and nuts; on grasslands; noncrop agricultural lands; and sod, flowers and shrubs.

(2) Agricultural animals. This subcategory includes commercial applicators using or supervising the use of pesticides on animals, including but not limited to, beef cattle, dairy cattle, swine, sheep, horses, goats, poultry and livestock, as well as to places on or in which animals are confined.

(3) Companion animals. This subcategory includes commercial applicators using or supervising the use of pesticides on companion animals.

(4) Fumigation of soil and agricultural commodities. This subcategory includes commercial applicators using or supervising the use of pesticides for soil fumigation in production of agricultural commodities and the use of pesticides for fumigation of agricultural commodities. Certification in this subcategory requires concurrent certification in subcategory (1), agricultural plant pest control.

(b) Forest pest control. This category includes commercial applicators using or supervising the use of pesticides to control pests in forests, forest nurseries, forest seed producing areas and forested areas within urban settings.

(c) Ornamental and turf pest control. This category includes commercial applicators using or supervising the use of pesticides to control pests in the maintenance and production of ornamental and shade trees, shrubs, flowers and turf, interior plant maintenance, greenhouses and nurseries, flood control structures, golf courses, outdoor broadcast treatments for fleas, ticks, and other such pests, forest insects or disease control for aesthetic purposes. This category also includes the use of animal repellents on lawns or shrubs. The turf subcategory also includes pre- or post-construction herbicide treatment for driveways, parking lots and other such facilities. This category contains, but is not limited to, the following subcategories:

(1) ornamentals, shade trees and turf;

(2) turf; and

(3) interior plant maintenance.

(d) Seed treatment. This category includes commercial applicators using or supervising the use of pesticides on seeds intended for planting on property not owned or leased by the applicator, including seed treaters who apply pesticides to seeds of other individuals and seed plant operators treating seeds before or after sale.

(e) Aquatic pest control. This category includes commercial applicators using or supervising the use of any pesticide purposefully applied to standing or running water, excluding applicators engaged in public health-related activities included in subdivision (h) of this section. This category contains, but is not limited to, the following subcategories:

(1) Aquatic vegetation control. This subcategory includes control of algae and weeds in swimming pools and in any surface waters of the State classified pursuant to article 17 of the Environmental Conservation Law.

(2) Aquatic insect and miscellaneous aquatic organisms control. This subcategory includes the control of aquatic insects such as mosquito and black fly larva and miscellaneous organisms such as mollusks, leeches and snails.

(3) Aquatic fish control. This subcategory includes treatment to control or eliminate unwanted fish including sea lamprey.

(4) Aquatic antifouling paints. This subcategory includes application of aquatic antifoulant paints and preservatives.

(5) Sewer line root control. This subcategory includes the use of pesticides to eliminate tree roots from sewers and other discharge pipes.

(f) Rights-of-way pest control. This category includes commercial applicators using or supervising the use of pesticides in the maintenance of highways, electric powerlines, gas or other pipelines, railway rights-of-way and other related facilities such as, but not limited to, the areas around generating stations, substations, pumping stations and associated buildings and in-place applications to utility poles.

(1) Rights-of-way industrial vegetation control. This subcategory includes commercial applicators using or supervising the use of pesticides in the maintenance of rights-of-way and related facilities.

(2) Rights-of-way in place pole treatments. This subcategory includes commercial applicators using or supervising the use of pesticides for protecting in-place utility poles, including the use of pole fumigants.

(g) Industrial, institutional and structural pest control. This category includes commercial applicators using or supervising the use of pesticides in, on or around food handling establishments, dwellings, institutions such as schools and hospitals, industrial establishments, including warehouses and grain elevators and any other structures and adjacent areas, public or private; and for the protection of stored, processed or manufactured products. Fumigation may only be performed by individuals certified in the fumigation or food processing subcategories, except for individuals applying general use fumigants to in-place wood poles. Applicators using fumigants in food facilities must be certified in the food processing subcategory. This category contains, but is not limited to, the following subcategories:

(1) Structural and rodent. This subcategory includes pests, such as but not limited to, rodents, roaches, ants, fleas, ticks and stinging and biting insects within or associated with structures, excluding food processing areas and post construction wood destroying organisms. This subcategory does not include application of termiticides.

(2) Fumigation. This subcategory includes, but is not limited to: fumigant use for rodent control in structures; elimination of experimental laboratory rodents; rodent and mole control (fumigation of burrows); pest control in raw food commodity storage, transportation facilities, trucks, railroad cars, vehicles and food processing establishments.

(3) Termite. This subcategory includes the control of termites.

(4) Lumber and wood products. This subcategory includes: preserving poles and lumber; pesticide applications at logging decks; and activities associated with construction not covered by other categories.

(5) Food processing. This subcategory includes commercial pesticide applications to areas other than individual residences, where exposed food or food products are prepared, packaged or held for further distribution or consumption, including the use of fumigants to control appropriate food pests.

(6) Cooling towers, pulp and paper process. This subcategory includes the use of antimicrobials to control bacteria and other such single cell organisms.

(7) Other.

(h) Public health pest control. This category includes State, Federal or other governmental personnel, their contractors and other commercial applicators using or supervising the use of pesticides in public health programs for the management and control of pests.

(i) Regulatory pest control. This category includes State, Federal or other governmental personnel who use, or supervise the use of pesticides in the control of regulated pests, including New York State Department of Agriculture and Markets personnel (veterinarians and horticultural, food and apiary inspectors) and United States Department of Agriculture personnel.

(j) Demonstration and research pest control. Certification in this category requires concurrent certification in a second category of specialty. This category includes, but is not limited to, the following:

(1) individuals who demonstrate to the public the proper use and techniques of application of pesticides or who supervise such demonstration, including master gardeners, cooperative extension agents, soil and water conservation personnel; and

(2) individuals conducting or supervising field research with pesticides, including State, Federal, university personnel and other individuals conducting field research on or utilizing pesticides.

(k) Aerial pest control. This category includes all pilots engaged in commercial or private aerial pesticide applications. This category is specific to the actual application of pesticides by air and does not include making pesticide recommendations associated with the application. Aerial applicators providing services associated with pest management, such as making pesticide recommendations, must obtain concurrent certification in the appropriate category.

(l) Sales. This category includes individuals who sell, distribute or supervise the sale or distribution of restricted use pesticides. Such individuals are not authorized to commercially use pesticides without obtaining a second category of specialty.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.16