N.Y. Comp. Codes R. & Regs. tit. 6 § 325.1

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

Section 325.1 - Definitions

(a) Abutting property means contiguous real property not separated by a publicly owned road or highway which has a boundary or boundary point in common with property on which a commercial lawn application is made.

(b) Accident means an unexpected, undesirable event, caused by the use or presence of a pesticide, that adversely affects humans or the environment.

(c) Agency means any State agency; municipal corporation; school district recognized by the Commissioner of Education; public authority; college, as that term is defined in the Education Law; railroad, as that term is defined in the Railroad Law; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation as those terms are defined in the Transportation Corporations Law, which applies pesticides.

(d) Agricultural animal means any animal that is raised to produce food, clothing or other saleable commodity, along with large farm animals, including but not limited to, horses, mules and oxen.

(e) Agricultural commodity means any plant or part thereof, or animal, or animal product, produced by an individual (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable individuals) primarily for sale, consumption, propagation or other use by humans or animals.

(f) Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

(g) Antimicrobial agents shall mean:

(1) disinfectants intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects;

(2) sanitizers intended to reduce the number of living bacteria or viable virus particles on inanimate surfaces, in water, or in air;

(3) bacteriostats intended to inhibit the growth of bacteria in the presence of moisture;

(4) sterilizers intended to destroy viruses and all living bacteria, fungi and their spores, on inanimate surfaces;

(5) fungicides and fungistats intended to inhibit the growth of, or destroy, fungi (including yeasts), pathogenic to humans or other animals on inanimate surfaces; and

(6) commodity preservatives and protectants intended to inhibit the growth of, or destroy bacteria in or on raw materials (such as adhesives and plastics) used in manufacturing, or manufactured products (such as fuel, textiles, lubricants, and paints), but not those utilized in the pulp and paper process or cooling towers.

(h) Anti-siphoning device means the use of a backflow prevention device that uses a reduced pressure zone device or an air gap separation between a water source and the overflow of a receptacle (i.e., spray tank, mixing tank, dipping vat, etc.) containing pesticides, to prevent contaminated water from siphoning back into a water supply.

(i) Application of pesticides means the placement for effect of a pesticide at or on the location where pest control is desired.

(j) Basement means the area below the main floor of a structure that is five feet or greater in height, as measured from the floor to the underside of floor joists, and is contained either wholly or in part by a foundation.

(k) Certification means the recognition by the department that the individual has demonstrated competency and is therefore authorized to use or supervise the use of pesticides or sell restricted use pesticides.

(l) Certified pesticide applicator means a commercial or private pesticide applicator who is certified by the department to use, supervise the use of, or train another individual in the use of any pesticide in any category of use covered by the individual's certification or any individual who is certified to sell restricted use pesticides as described in section 325.16(1) of this Part.

(m) Certified commercial pesticide applicator means a certified applicator who is certified by the department to use or supervise the use of any commercial application of pesticides or to sell or supervise the sale of a restricted use pesticide as described in section 325.16(1) of this Part.

(n) Certified commercial pesticide technician means an individual who is at least 17 years of age and is certified to engage in the following:

(1) commercial use of any general use or unclassified pesticide without supervision; or

(2) use of any pesticide when working under the direct supervision of a certified commercial pesticide applicator.

(o) Certified private pesticide applicator means a certified applicator who is at least 17 years old and uses or supervises the private application of restricted use pesticides for purposes of producing any agricultural commodity.

(p) Chemigation means the application of a chemical via an irrigation system by introducing or injecting the chemical into the water flowing through the system.

(q) Cistern means a reservoir used for the collection and storage of water, and constructed either wholly or partially underground, including those constructed in a manner that shares part of the foundation in its construction. A stone-filled well with a capacity of less than 60 gallons or a septic or sewerage system is not considered a cistern for the purpose of this Part.

(r) Commercial application of pesticides means any application of any pesticide except as defined in private or residential application of pesticides.

(s) Commercial lawn application means the application of pesticide to ground, trees, or shrubs on public or private outdoor property. The following pesticide applications will not be considered commercial lawn application:

(1) the application of pesticide for the purpose of producing an agricultural commodity;

(2) residential application of pesticides;

(3) the application of pesticides around or near the foundation of a building for the purpose of indoor pest control;

(4) the application of pesticides by or on behalf of agencies except that agencies are subject to commercial lawn application visual notification requirements pursuant to section 325.40(f), (g) and (h) of this Part, where such application is within 100 feet of a dwelling, multiple dwelling, public building or public park; or

(5) the application of pesticides on golf courses or turf farms.

(t) Commercial pesticide apprentice means an individual who has met the requirements enumerated in section 325.10 of this Part, is at least 16 years of age, and is working under the direct supervision of a certified commercial pesticide applicator.

(u) Commissioner means the commissioner of the Department of Environmental Conservation or a designated agent.

(v) Companion animal means those animals that are not associated with agriculture and are kept as pets, including but not limited to, dogs, cats, fish, reptiles, amphibians and birds.

(w) Competent means properly qualified to perform functions associated with pesticide use.

(x) Contamination means the presence of a pesticide or pesticides, in or on areas other than the target area, in quantities which are or may be injurious to humans or the environment.

(y) Crawl space means the area below the main floor of a structure that is less than five feet in height, as measured from the floor to the underside of the floor joists, and is contained either wholly or in part by a foundation.

(z) Department means the Department of Environmental Conservation.

(aa) Dwelling means any building or structure or portion thereof which is occupied in whole or in part as a home, residence or sleeping place for one or two families.

(ab) Emergency pesticide application means an unanticipated non-routine application of a pesticide made in response to an imminent threat to human health or property that requires immediate application.

(ac) Environment means water, air, land and all plants and humans and other animals living therein, and the interrelationships which exist among them.

(ad) Excavation/treated backfill technique means application of termiticide in the following manner:

(1) trench and remove soil to be treated onto heavy plastic sheeting or similar material, or into a wheelbarrow or other device which prevents introduction of termiticide to the environment;

(2) treat excavated soil according to label directions. Mix termiticide dilution thoroughly into the soil in such a manner that termiticide runoff or spillage does not occur; and

(3) after treated soil has completely absorbed the termiticide dilution, replace treated soil in the trench.

(ae) Footing means a masonry support that underlies a foundation.

(af) Forest means a concentration of trees and related vegetation, with tree crowns usually interlocking, in nonurban areas sparsely inhabited by and infrequently used by humans; characterized by natural terrain and drainage patterns.

(ag) Foundation means a wall, slab, post, pier, column or pillar that supports a structure.

(ah) Fumigant means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose pesticidal action is through the gaseous state.

(ai) General use pesticide means a pesticide which does not meet the State criteria for a restricted pesticide as established under authority of section 33-0303 of article 33 of the New York State Environmental Conservation Law.

(aj) Ground equipment means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to use in applying a pesticide as a spray, dust, aerosol, or in any other form.

(ak) Hazard means a probability that a given pesticide will have an adverse effect on the environment in a given situation, the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.

(al) Integrated pest management (IPM) means a systematic approach to managing pests which focuses on long-term prevention or suppression with minimal impact on human health, the environment and nontarget organisms. IPM incorporates all reasonable measures to prevent pest problems by properly identifying pests, monitoring population dynamics, and utilizing cultural, physical, biological or chemical pest population control methods to reduce pests to acceptable levels.

(am) Label means the written, printed or graphic matter on or attached to the pesticide, its immediate container and any outside containers or wrappers.

(an) Labeling means all labels and other written, printed, or graphic matter:

(1) upon the pesticide or any of its containers or wrappers;

(2) accompanying the pesticide at any time;

(3) to which reference is made on the label or in literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the United States Departments of Agriculture or Interior, the United States Public Health Service, State agricultural experiment stations, State colleges of agriculture, or other similar Federal institutions or official agencies of this State or other states authorized by law to conduct research in the field of pesticides.

(ao) Metabolite means any substance produced in or by living organisms by biological processes and derived from a pesticide.

(ap) Microbial pesticide means any pesticide that is classified by the United States Environmental Protection Agency as a microbial pesticide and whose active ingredients consist of living microbial entities capable of survival, growth, reproduction and infection (i.e., bacteria, fungi, viruses and protozoans).

(aq) Multiple dwelling means any dwelling which is to be occupied by or is occupied as a residence or home of three or more families living independently of each other.

(ar) Nontarget organism means a plant or animal other than the one the pesticide is meant to control.

(as) Ornamental means trees, shrubs, and other plantings, grown primarily for beauty in and around habitations, generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial and institutional buildings.

(at) Persistence means that the pesticide or its metabolite remains at or near the point of application for more than one year.

(au) Person means any individual, public or private corporation, political subdivision, government agency, department or bureau of the State, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever.

(av) Personal protective equipment means apparel and devices worn to protect the body from contact with pesticides or pesticide residues, including: coveralls, chemical-resistant suits, gloves, footwear, aprons and headgear, protective eyewear, and respirators.

(aw) Pesticide means:

(1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans/or other animals, which the department shall declare to be a pest; and

(2) any substance or mixture of substances intended as a plant regulator, defoliant or desiccant.

(ax) Pesticide use means performance of the following pesticide-related activities: application; mixing; loading; transport, storage or handling after manufacturer's seal is broken; cleaning of pesticide application equipment; and any required preparation for container disposal.

(ay) Plenum air space means any space under a structure that functions as or is designed to function as a channel for air circulated within the structure.

(az) Premises means contiguous land with its improvements or appurtenances or any part thereof.

(ba) Private application of pesticides means the application of a restricted use pesticide for the purpose of producing an agricultural commodity:

(1) on property owned or rented by the applicator or the applicator's employer; or

(2) if applied without compensation other than the barter of personal services between producers of agricultural commodities, on property owned or rented by a party to such a barter transaction.

(bb) Public park means any community or other government owned park, picnic area, playground, or school playground or government owned camping area that is maintained for or used by the general public. Public park does not mean large geographic areas such as the Catskill Forest Preserve or the Adirondack Forest Preserve; however, any individual community or government owned campground, picnic area or playground within such areas is a public park.

(bc) Reduced pressure zone device means a minimum of two independently active check valves, together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two check valves must be less than the upstream (supply) pressure. In case of leakage of either check valve, the differential relief valve must operate to maintain the pressure between the check valves at less than the upstream (supply) pressure by discharging to the atmosphere. The unit must include tightly closing shutoff valves located at each end of the device and each device must be fitted with properly located test cocks.

(bd) Residential application of pesticides means the application of general use pesticides by ground equipment on property owned or leased by the applicator, excluding any establishments selling or processing food and any residential structure other than the specific dwelling unit in which the applicator resides.

(be) Residential lawn application means the application of general use pesticides to ground, trees or shrubs on outdoor property owned, leased or rented by the individual making such application. The following pesticide applications are not considered residential lawn applications:

(1) the application of pesticides for the purpose of producing an agricultural commodity;

(2) the application of pesticides around or near the foundation of a building for the purpose of indoor pest control;

(3) the application of pesticides by or on behalf of agencies except that agencies must be subject to commercial lawn application visual notification requirements pursuant to section 325.40(f), (g) and (h) of this Part, where such application is within 100 feet of a dwelling, multiple dwelling, public building or public park; or

(4) the application of pesticides on golf courses or turf farms.

(bf) Restricted use pesticide means a pesticide that is classified for restricted use under the provisions of article 33 of the Environmental Conservation Law or under section 3(d)(1)(C) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended.

(bg) Rodding means the subsurface ground application of termiticide by means of the insertion of hollow tubes through which the termiticide is delivered.

(bh) Structure means any walled and roofed building.

(bi) Subsurface ground application means the placement of any liquid termiticide below- grade or underneath a slab by rodding, trenching, excavation/treated backfill technique, or other means. Note: Presence of termiticide may appear at grade as the result of subsurface ground application.

(bj) Termiticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating subterranean termites.

(bk) Three rinse technique means that after normal emptying, the container is allowed to drain in a vertical position for 30 seconds. The container is rinsed three times with water or the pesticide carrier being used, allowing 30 seconds for draining after each rinse. Rinse material should be easily measurable. Use one quart for each rinse of a one-gallon can or jug, a gallon for each five-gallon can and five gallons for either 30- or 55-gallon drums. Drain each into the spray tank before filling it to the desired level or drain into suitable containers for use as a diluent for future formulations of the same pesticide.

(bl) Trenching means the subsurface ground application of termiticide by means of the excavation of a narrow ditch and application of termiticide into the ditch or to the excavated soil as it is being replaced.

(bm) Under the direct supervision of means: the act or process in which the application of a pesticide is made by a certified commercial pesticide technician or commercial pesticide apprentice acting under the instruction, control and authorization of a certified commercial applicator employed by the same registered business or agency or an individual acting under the instruction and control of a certified private pesticide applicator who is responsible for the actions of that individual.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.1