§ 33-0905 — Pesticide applicator certification

New York § 33-0905

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Permits and Certification
• Art. 33: Pesticides

Text

§ 33-0905. Pesticide applicator certification.\n 1. Any person who engages in the commercial or private application of\npesticides or the sale of restricted use pesticides shall be certified\nby the commissioner except as provided in subdivision two of this\nsection. No certification shall be valid unless the certified person\nalso holds a valid identification card issued by the commissioner.\n 2. The provisions of this article relating to registration and\ncertification shall not apply to:\n a. residential application of pesticides as defined in this article;\nor\n b. private application of a general use pesticide as defined in this\narticle.\n 2-a. The commissioner may, pursuant to paragraph e of subdivision\nthree of section 33-0303 of this article, adopt regulations on the use\nof pesticides including the appropriate method and setting for the use\nof pesticides classified by the United States environmental protection\nagency as an exempt material under 40 CFR part 152.25, often called\nminimum risk pesticides, which are exempt from the requirements of the\nFederal Insecticide, Fungicide and Rodenticide Act. Such regulations\nshall encompass all factors necessary to prevent damage or injury to\nhealth, property and wildlife.\n 3. a. Application for pesticide applicator certification shall be made\nto the commissioner. The application shall be on a form prescribed by\nthe commissioner and shall be accompanied by the fee or fees provided in\nsection 33-0911.\n b. An applicant for certification shall satisfy the commissioner as to\nhis knowledge and experience concerning the proper use and application\nof pesticides and pesticide application equipment through examination\nprior to initial certification. Recertification shall be by training,\nworkbook, or examination as required by the commissioner.\n c. Upon certification, the commissioner shall certify the applicant\nfor the appropriate category of certification and shall issue a\ncertification identification card to the applicant. The certification\nmay restrict the applicant to the use of a certain type or types of\nequipment or materials.\n d. Except as provided in paragraph e of this subdivision, pesticide\napplicator certifications shall be valid for three years after which\nevery applicator shall recertify according to the requirements then in\neffect. Certification identification cards shall be valid for three\nyears.\n e. Private applicator certifications shall be valid for five years\nafter which every such applicator shall recertify according to the\nrequirements then in effect. Private applicator certification\nidentification cards shall be valid for five years.\n g. The commissioner is authorized to provide all examinations,\ntraining materials, applications, and any other forms or written\nmaterials necessary for a private and/or commercial applicator\ncertification in Spanish for applicants whose primary language is\nSpanish and for other languages if the commissioner deems it necessary.\nThe commissioner may require applicants for registration of pesticides\nto make available pesticide label information and instructions in\nSpanish and other languages, when necessary, for applicators certified\nin Spanish or other languages.\n 4. Certified pesticide applicators shall maintain such records and\nshall furnish such reports concerning the application of pesticides as\nthe commissioner shall require. All records required to be kept under\nthis section shall be available for inspection by the commissioner.\n 5. a. Every certified applicator shall, prior to the application of a\npesticide within or on the premises of a dwelling, supply the occupants\ntherein with a copy of the information, including any warnings,\ncontained on the label of the pesticide to be applied. Such information\nshall be supplied in either a written, digital or electronic format\nwhich shall be determined by the occupants of such dwelling, provided\nhowever that the certified applicator must also have a written copy of\nsuch information in his/her possession.\n b. Except as provided in paragraph c of this subdivision, every\ncertified applicator shall, prior to the application of a pesticide\nwithin or on the premises of a multiple dwelling, building, or structure\nother than a dwelling supply the owner or his agent, with a copy of the\ninformation, including all warnings, contained on the label of the\npesticide to be applied. Such information shall be supplied in either a\nwritten, digital or electronic format which shall be determined by the\nowner or his or her agent, provided however that the certified\napplicator must also have a written copy of such information in his or\nher possession. Such owner or agent shall make available upon request at\nreasonable times such information in written or electronic form if\navailable to the occupants or residents of such multiple dwelling,\nbuilding, or structure.\n c. In the case where an occupant of a multiple dwelling unit retains a\ncertified applicator to apply pesticides within such unit, such\ncertified applicator shall, prior to the application of a pesticide,\nsupply any information, including all warnings, contained on the label\nof the pesticides to the occupants.\n d. For the purposes of this subdivision:\n (i) A "dwelling" is any building or structure or portion thereof which\nis occupied in whole or in part as the home, residence or sleeping place\nfor one or two families;\n (ii) A "multiple dwelling" shall mean any dwelling which is to be\noccupied by or is occupied as the residence or home of three or more\nfamilies living independently of each other;\n (iii) A "multiple dwelling unit" shall mean that portion of a multiple\ndwelling occupied by one or more persons as the residence or home of\nsuch persons; and\n (iv) "Premises" shall mean land and improvements or appurtenances or\nany part thereof.\n