§ 33-1205 — Recordkeeping and reporting

New York § 33-1205

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 12: Pesticide Sales and Use Data Base and Recordkeeping and Reporting
• Art. 33: Pesticides

Text

§ 33-1205. Recordkeeping and reporting.\n 1. All commercial applicators shall maintain pesticide use records for\neach pesticide application containing the following:\n a. EPA registration number;\n b. product name;\n c. quantity of each pesticide used;\n d. date applied;\n e. location of application by address (including five-digit zip code).\n Such records shall be maintained for a period of not less than three\nyears. All commercial applicators shall file, at least annually, a\nreport or reports containing such information with the department in an\nelectronic format developed or accepted by the department consistent\nwith system file specifications or on scannable forms, if developed by\nthe department, on or before February first for the prior calendar year.\nAll commercial applicators shall also maintain corresponding records of\nthe dosage rates, methods of application and target organisms for each\npesticide application. These records shall be maintained on an annual\nbasis and retained for a period of not less than three years and shall\nbe available for inspection upon request by the department.\n 2. a. Every person who sells or offers for sale restricted use\npesticides to private applicators shall issue a record to the private\napplicator of each sale of a restricted use pesticide or a general use\npesticide used in agricultural crop production to such applicator. Such\nrecord of each sale shall include the following:\n 1. EPA registration number;\n 2. product name of the pesticide purchased;\n 3. quantity of the pesticide purchased;\n 4. date purchased;\n 5. location of intended application by address (including five-digit\nzip code) or if address is unavailable by town or city (including\nfive-digit zip code) if the location of intended application differs\nfrom the billing address that appears on the record.\n Every person who sells or offers for sale restricted use pesticides to\nprivate applicators shall file, at least annually, a report or reports\ncontaining such information with the department in an electronic format\ndeveloped or accepted by the department consistent with system file\nspecifications or on scannable forms, if developed by the department, on\nor before February first for the prior calendar year. The department\nshall not use the reports filed pursuant to this paragraph for\nenforcement purposes.\n b. All private applicators shall maintain, at a minimum, records of\nthe restricted pesticides purchased, crop treated by such, method of\napplication, and date of application or applications. This information\nshall be maintained on an annual basis and retained for a minimum of\nthree years, and shall be available for inspection upon request by the\ndepartment.\n c. A private applicator shall, upon request, within six months,\nprovide site-specific information relating to pesticide applications to\nany researcher entitled to receive information pursuant to paragraph (d)\nof subdivision one of section twenty-four hundred eleven of the public\nhealth law, provided, however, such request shall not be granted during\nplanting and harvesting unless at a time and in a manner that is\nmutually convenient.\n