§ 33-0901 — Commercial permits

§ 33-0901. Commercial permits.\n 1. A commercial permit is required for the distribution, sale, offer\nfor sale, purchase for the purpose of re-sale or possession for the\npurpose of re-sale of a restricted use pesticide.\n 2. Any person desiring such a permit shall file an application\ncontaining such information required by the commissioner and in a form\nprescribed by the commissioner. The commissioner shall examine the\napplication and shall issue or refuse to issue the permit requested\ntherein. The commissioner shall impose whatever restrictions or\nconditions on the permit he deems appropriate in order to fully protect\nthe public interest. Such a permit shall not be valid for more than two\nyears as determined by the commissioner. A separate permit is required\nfor each location in the state, and a fee for each location in the state\nof six hundred dollars is required.\n 3. Upon the sale by a commercial permit holder of a restricted use\npesticide to a purchase permit holder, the commercial permit holder\nshall cancel the permit in a manner to be prescribed by the\ncommissioner.\n 4. The holder of a commercial permit may purchase restricted use\npesticides for re-sale without being required to obtain and present a\npurchase permit, as provided for in section 33-0903.\n 5. The holder of a commercial permit must maintain and make available\nto the commissioner or his agents, for at least two years, accurate and\ndetailed records accounting for all restricted use pesticides acquired\nby him and disposed of by him, including, but not limited to dates,\nnames and addresses of all suppliers and the quantities acquired from\neach, and the names, addresses, permit numbers or certification\nidentification card numbers of all purchasers, and the quantities\npurchased by each.\n 6. The reasons for the denial of an application or revocation of a\ncommercial permit may include, but not be limited to, the commissioner\nbeing satisfied of one or more of the following:\n a. That any statement in the application or upon which the permit was\nissued is or was false or misleading;\n b. That the applicant or permit holder does not have adequate\nfacilities for the storage and distribution of restricted use\npesticides;\n c. That the applicant or permit holder has engaged in fraudulent\nbusiness practices relating to the sale and distribution of pesticides;\n d. That the applicant or permit holder has failed to comply with any\nprovision of subdivisions 1 through 5 inclusive of section 33-0303 and\ntitles 5, 7, 11, 13 and 15 of this article or rules and regulations of\nthe department made pursuant thereto; or\n e. That the applicant or permit holder has failed to demonstrate that\nhe has sufficient knowledge and experience concerning the proper use and\napplication of pesticides.\n 7. A formal hearing shall not be required and the commissioner's\ndecision in denying or revoking a permit shall be final unless the\napplicant or permit holder institutes a review within the time and in\nthe manner prescribed by article 78 of the Civil Practice Law and Rules.\n