N.Y. Comp. Codes R. & Regs. tit. 6 § 325.7

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

Section 325.7 - Pesticide applicator certification and direct supervision requirements

(a) An individual must not engage in the commercial application of pesticides, the private application of restricted use pesticides, or the sale of restricted use pesticides, unless that individual is a certified applicator and possesses, on their person, a valid identification card issued by the department and makes such identification card available upon request of this department. Full certification is not required for:

(1) a certified commercial technician, hereinafter referred to as technician, using general use pesticides;

(2) a technician using pesticides under the direct supervision of a certified commercial pesticide applicator, as required in subdivision (d) of this section;

(3) a commercial pesticide apprentice, hereinafter referred to as apprentice, using pesticides under the direct supervision of a certified commercial pesticide applicator, as required in subdivision (d) of this section;

(4) an individual using restricted use pesticides under the direct supervision of a certified private pesticide applicator, as required in subdivision (d) of this section, on agricultural commodities located on property owned or leased by the certified private pesticide applicator or the applicator's employer;

(5) an individual using antimicrobial agents, except where such pesticides have been classified as restricted use pesticides or are used in the pulp and paper process or cooling towers. In these cases, the requirements of paragraph (1), (2) or (3) of this subdivision apply;

(6) an individual using aquatic pesticides purchase through a purchase permit, as provided in 6 NYCRR 326.8, in a body of water measuring one acre or less in size which lies exclusively on their property and has little or no outflow to any surface waters of the State classified pursuant to article 17 of New York State Environmental Conservation Law;

(7) a technician engaged in the application of microbial pesticides by ground equipment in or over any surface waters of the State classified pursuant to article 17 of New York State Environmental Conservation Law. However, such individual must successfully complete a department-approved, 30-hour certification course related to this type of application;

(8) a doctor of veterinary medicine or a veterinary technician working under the veterinarian's direct supervision, licensed to practice within New York State. Such exemption from certification requirements applies only when engaged in the use of general use pesticides:

(i) on animals that are in the veterinarian's care within the veterinary facility;

(ii) on inanimate objects, surfaces, and areas within their veterinary establishments;

(9) an individual engaged in the residential application of pesticides;

(10) any person applying 100 percent corn oil to bird eggs as part of any wildlife control activity authorized by the department pursuant to article 11 of the Environmental Conservation Law.

(b) No certified commercial pesticide applicator or technician shall engage in the application of pesticides for which certification is required in other than the category or subcategory specified on their certification identification card.

(c) No certified private pesticide applicator shall:

(1) engage in the application of restricted pesticides in other than the category specified on the certified private pesticide applicator's certification or special permit; or

(2) commercially apply pesticides.

(d) Direct supervision of individuals under the instruction and control of a certified applicator.

(1) On-site direct supervision is required when technicians:

(i) engage in the subsurface around application of termiticides, the surface application of termiticides to exposed soil in basements and crawl spaces, and the placement of termiticide in voids of masonry foundations;

(ii) apply fumigants, except when using fumigants classified as general use that are applied to in-place utility poles;

(iii) apply pesticides with a label requiring on-site supervision;

(iv) apply aquatic pesticides to any surface waters of the State classified pursuant to article 17 of the New York State Environmental Conservation Law, except on-site supervision is not required for permitted applications of microbial pesticides to control aquatic pests as described in paragraph (a)(7) of this section.

(2) With regard to an individual under the instruction and control of a certified private pesticide applicator or an apprentice:

(i) on-site direct supervision is required when an apprentice does any of the following:

(a) applies federally restricted use pesticides;

(b) applies aquatic pesticides to any surface waters of the State classified pursuant to article 17 of the New York State Environmental Conservation Law, except on-site supervision is not required when individuals apply aquatic pesticides under the authority of a special purchase permit, as described in section 325.38 of this Part, or apply aquatic pesticides to temporary pools of water which have no outlets;

(c) applies pesticides with a label requiring on-site supervision;

(d) applies pesticides within or on the premises of licensed day care facilities, elementary and secondary schools and hospitals;

(ii) on-site direct supervision is required when an individual under the instruction and control of a certified private pesticide applicator applies federally restricted use pesticides;

(iii) apprentices shall not apply fumigants except when using fumigants classified as general use that are applied to in-place utility poles, engage in the subsurface ground application of termiticides, the surface application of termiticides to exposed soil in basements and crawl spaces, or the placement of termiticides in voids of masonry foundations, or apply pesticides by aircraft; and

(iv) individuals under the supervision of certified private pesticide applicators shall not apply fumigants except when using fumigants classified as general use that are applied to in-place utility poles.

(3) During pesticide use by any individuals under the supervision of a certified private pesticide applicator, a technician, or an apprentice, that requires on-site direct supervision, the certified pesticide applicator must be physically present at the application site and within voice contact of the individual being supervised. When a technician uses a fumigant, the application must be made under the direct observation and instruction of the certified applicator, except when using fumigants classified as general use that are applied to in-place utility poles.

(4) Off-site direct supervision is allowed when an individual working under the instruction and control of a certified private applicator or apprentice uses pesticides that do not require on-site supervision as listed in paragraph (2) of this subdivision or when a technician applies restricted use pesticides other than those requiring on-site supervision or those applied by aircraft.

(5) During pesticide use that allows off-site direct supervision, the certified commercial applicator must ensure that the apprentice or technician has a means to contact and is able to contact the supervising certified applicator within a reasonable time not to exceed 30 minutes and that a technician applying pesticides by aircraft maintains radio contact with the certified applicator.

(6) A certified commercial pesticide technician may apply aquatic microbial pesticides as described in paragraph (a)(7) of this section or general use pesticides without working under the direct supervision of a certified applicator except when using fumigants that require on-site supervision or when using termiticides by subsurface ground application, surface application to exposed soil in basements or crawl spaces, by placement in voids and masonry foundations, or when applying pesticides by aircraft.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.7