N.Y. Comp. Codes R. & Regs. tit. 6 § 326.8

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

Section 326.8 - Purchase permits, applications

(a) Applications for a purchase permit shall be submitted to an agent or office designated by the commissioner. The application shall be made in a manner and on a form prescribed by the commissioner and shall provide such information, statements and certification as the commissioner shall require.

(b) Only one application shall be submitted for the purchase, possession and use of all substances listed in section 326.2(a) of this Part.

(c) A separate application must be filed for each separate use of a substance as listed below:

(1) Aldicarb (Temik)--for use by trained personnel in commercial production of ornamental plants in commercial greenhouses and field grown and nursery planting on:

(i) greenhouse plants or plant beds for control of aphids, leafminers, thirps, mealybugs, spider mites, white flies;

(ii) roses for control of spider mites;

(iii) dahlias--for the control of aphids, leafhoppers, leafminers, spider mites;

(iv) lilies, bulbs--for the control of nematodes; and

(v) birch and holly--for the control of aphids, leafminers.

(2) Inorganic arsenic compounds:

(i) Arsenious oxide--may be purchased under permit for formulating baits which shall contain not more than 2.4% of the compounds for commercial areas or 1.5% of the compound for home use to control rodents.

(ii) Calcium arsenate--concentration above 6% active ingredient expressed as tricalcium arsenate allowable for use only in prescription programs for control of Poa annua in turf by permit. Concentration under 6% unrestricted.

(iii) Lead arsenate--allowable for use in integrated control programs on apples to control plum curculio, codling moth, apple maggot and other chewing insects.

(iv) Magnesium arsenate--Paris green and other inorganic arsenics not specifically covered--limited to use by permit and only upon review for determining acceptability of proposed use.

(v) Soluble arsenics, including arsenic trioxide (above 1.5%), sodium arsenite (above 2%), and sodium arsenate (above 5%)--restricted with permits granted only after review of the specific use proposed.

(3) Lindane:

(i) for use on trees, shrubs and logs to control lapidopterous and coleopterous borers, long-horned and ambrosia beetles, certain bark beetles, giant hornets, the white pine weevil, pine root collar weevil, pales weevil, balsam twig aphids, white pine aphids and northern pine weevil;

(ii) for foliar treatment for the control of the honey locust pod gall; and

(iii) for planted box treatment of bean, cucurbit, corn and pea seeds.

Pastes for ointments containing less than 2.1%, anti-flea collars for pets containing not more than 0.75% and liquid concentrations containing not more than 5% in containers not to exceed 16 ounces (one pint) for the control of certain borers are not restricted.

(4) Sodium fluoroacetate:

(i) for use by registered custom applicators and governmental agencies;

(ii) purchase permit must be secured for each job on which the material is to be used;

(iii) permit application for purchase and use must be accompanied by a letter outlining where the material will be used, who will be in charge of the operation, the dates of application, the disposal site of the carcasses and the reasons for using this material;

(iv) must be used in locked bait stations, may be used only when the premises or area is vacated, the structure or area must be adequately posted, and all carcasses must be collected and disposed of before the premises or area can be occupied; and

(v) disposal of the carcasses shall be by burial or incineration at approved sites.

(5) Any pesticide labeled for direct application to or in surface waters, except any pesticide for which the application would require an aquatic pesticide permit pursuant to section 15-0313(4) of the Environmental Conservation Law. One application may be filed for the total amount of a pesticide to be used during a calendar year in each body of water.

(d) Upon receipt of an application, the commissioner shall:

(1) examine the application; and

(2) issue the purchase permit requested therein, imposing whatever restrictions or conditions on the permit he deems appropriate in order to protect the public interest; or

(3) refuse to issue the purchase permit requested therein.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 326.8