§ 430:34-a — Notification of Aerial Pesticide Application

New Hampshire § 430:34-a

• Jurisdiction: New Hampshire
• Title XL: AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
• Ch. 430: INSECT PESTS AND PLANT DISEASES
• Subdivision: Pesticides Controls

Text

I. No person shall make an aerial application of pesticides without prior written approval from the division. The approval process shall be governed by rules adopted by the board pursuant to RSA 430:31, IV(b).
II. If the proposed treatment area is in a residential area, or if residential, commercial, or institutional buildings are located within 200 feet of the proposed treatment area, a written notice of all aerial pesticide applications shall be submitted in person to all persons owning property and other persons using commercial, institutional or residential buildings within the treatment area or 200 feet of the intended treatment area at least 14 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the following information:
(a) Description of the treatment area sufficient to inform people who may be in the vicinity.
(b) Name of the person who contracts for the applications or such person's representative or the applicator and the address and telephone number to contact for more specific information about the intended application.
(c) Intended purpose of the pesticide application.
(d) Pesticides to be used.
(e) Date or reasonable range of dates on which applications are proposed to take place.
(f) Telephone number of the New Hampshire department of agriculture, markets, and food, division of pesticide control.
(g) Telephone number of the New Hampshire Poison Control Center.
(h) Public precautions which appear on the pesticide label.
III. For absentee property owners notice by certified mail, return receipt requested, to the address listed in the town tax record shall be sufficient notice.
IV. This section shall not apply to the aerial application of pesticides by a person possessing a valid certificate of registration or permit pursuant to RSA 430:33 while applying pesticides for agricultural purposes using unmanned aircraft as defined in RSA 422:3, XXX at a height not exceeding 20 feet above ground level.

Legislative History

1994, 235:1. 1995, 130:4, eff. July 23, 1995. 2024, 142:1, eff. Sept. 1, 2024.