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Questions and Answers Regarding New York State Pest Management Program

Introduction:

Welcome to the Pesticides Program's series of Questions and Answers (Q&A). This Q&A series is designed to provide information on Pesticide Program subjects of interest to the public and the regulated community. The Q&A cover a range of subjects, such as pesticide product labels, commercial lawn applications, certified applicators, and many more topics.

The subjects covered in our Q&A are listed below in alphabetical order under "Topics". Please click on topics of interest to you to gain information on those subject areas. We plan to regularly expand this Q&A series to address additional questions in those and other subject areas.

cover of NYSDEC regulations and policies booklet

Regulatory and Statutory Citations in the Q&A:

The answers provided in the Q&A often reference NYSDEC regulations and policies or NYS statutes. Click here to view the text of the cited regulations, statutes, and policies.

Additional Questions You May Have:

If you have a pesticides-related question which is not answered on our website, please contact the Pesticides Compliance Section in the NYSDEC Central Office in Albany, NY at 518-402-8727 or the pesticides program in the NYSDEC Regional Office nearest you. Telephone numbers can be found at Regional Offices.

Topics Covered in Pesticides Program Q&A

Please click on any of the topics below to link to our Q&A on that subject:

image of someone using pesidices, with mask

Certification and Certified Applicators

Q. What are the appropriate categories of pesticide applicator certification for the control of adult mosquitos, including non-residual fogging and residual barrier or perimeter delivery?

A. Pursuant to 6 NYCRR 325.16, Categories 3, 7A, 7F, and 8 may apply in whole or in part, as explained below:

Category 3 - Applicators certified in:

  • Commercial Subcategory 3A (Ornamentals and Turf) may conduct a residual barrier or perimeter delivery of mosquito adulticide, where the target of application is to grounds, trees or shrubs.
  • Commercial Subcategory 3B (Turf) would be authorized to conduct a residual application of mosquito adulticide to turf.
  • Commercial Subcategory 3C (Interior Plant Maintenance) would be authorized to conduct a residual application of mosquito adulticide to indoor plant foliage.

The residual barrier or perimeter delivery of mosquito adulticide, to grounds, trees or shrubs, under Category 3, would be considered a commercial lawn application (CLA). For CLAs, the applicator must meet the:

  • CLA requirements of Environmental Conservation Law (ECL) Sections 33-1001 and 1003 and Part 325.40, regarding CLA contracts and visual notification markers.
  • neighbor notification requirements, if in a county/municipality with a local neighbor notification law, in 6 NYCRR Part 325.41 and the local law which parallels ECL Section 33-1004.

Category 8 - The ultra-low volume (ULV) aerosol or fog delivery of mosquito adulticide (using ground or aerial equipment) would only be allowed under Category 8 (Public Health). The ULV aerosol or fog delivery of mosquito adulticide does not constitute a residual barrier or perimeter delivery of mosquito adulticide, because the pesticide is not applied to ground, trees or shrubs. Such applications are intended to control adult mosquitoes in flight in the target zone or in the areas around vegetation (not applied to or on vegetation). Therefore, the ULV aerosol or fog delivery of mosquito adulticide will not be allowed under Category 3, and would not be a CLA.

Category 8 applicators may also conduct residual barrier or perimeter applications of mosquito adulticide to grounds, trees or shrubs and the applicator must meet the:

  • CLA requirements of ECL Sections 33-1001 and 1003 and Part 325.40, regarding CLA contracts and visual notification markers.
  • neighbor notification requirements, if in a county/municipality with a local neighbor notification law, in 6 NYCRR Part 325.41 and the local law which parallels ECL Section 33-1004.

Categories 7A and 7F - Applicators certified in Categories 7A (Structural) and 7F (Food Processing) may conduct an outdoor residual barrier treatment of mosquito adulticide for the purposes of indoor pest control. The only permitted outdoor sites of application for these barrier treatments include the foundation and outside surface of the structure, and the vegetation immediately surrounding the structure, according to compliance measure II.A. in NYSDEC Program Policy DSH-PES-05-11. The outdoor residual barrier of mosquito adulticide under Category 7 to grounds, trees or shrubs, for the purposes of indoor pest control, is not CLA.

Q. Why is the list of certified pesticide applicators on the NYSDEC website? Isn't this a privacy issue?

A. The certified pesticide applicator and registered pesticide business database are releasable under the NYS Freedom of Information Law (FOIL). Information on labels, certification, or registration status is released under FOIL in response to public requests. There is no expectation of privacy of a license that is held to perform a job. No personal information is being released, such as a date of birth, social security number, or other information which would be considered personal in nature.

Q. Can an uncertified person (e.g., spouse, farmhand) working for a certified applicator pickup/possess restricted use pesticides, on behalf of the certified applicator responsible for purchasing the restricted use pesticides?

A. No, an uncertified person cannot pickup/possess restricted use pesticides on behalf of a certified applicator. ECL 33-1301(7) makes it unlawful for any person to purchase or possess, or use any restricted use pesticide without a purchase permit issued by the commissioner or without being a certified applicator. Under ECL section 33-0901(5), commercial permit holders must maintain records, including "...the permit numbers or certification identification card numbers of all purchasers...." In addition, a form letter used by the NYSDEC Bureau of Pesticides Management, Pesticide Product Registration Section to advise the registrant that their product will be classified as restricted by New York State contains information pertinent to the answer to this question. That letter states (among other things): "...As such, each product is restricted in its purchase, distribution, sale, use and possession in New York State. Furthermore, each product may only be purchased and used by a certified applicator in New York State."

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garden

Commercial Lawn Application of Pesticides

Q. Can I hand out an abridged label with the CLA contract and still be in compliance with Environmental Conservation Law (ECL) 33-0905?

A. Pursuant to ECL 33-0905, every certified applicator must, prior to pesticide application, provide information from pesticide product labels to dwelling occupants, or to the property owner or agent, depending upon specific conditions described in the ECL. Under 6 NYCRR 325.40(i)(2), the certified applicator may exclude from that information label(s) instructions and use directions that do not pertain to CLA. If such information is excluded, the applicator or business must note on the label that it is an amended label. The applicator must also provide a complete label, if requested by the owner or owner's agent. These requirements pertain to CLAs only. NOTE: See Q&A #15 for information on recent changes to ECL 33-0905.5(a) requirements applicators must meet regarding the format for providing pesticide labels.

Q. When treating cracks in an asphalt or concrete parking lot and the perimeter adjoining curbs, where should CLA markers be posted?

A. The treatment of ground under or in a crack or curb perimeter is a CLA and is generally subject to the requirements of ECL 33-1001, 33-1003 and 6 NYCRR 325.40. A CLA is defined in 6 NYCRR 325.1(s) as the application of pesticide to ground, trees or shrubs on public or private outdoor property. This particular question relates to the CLA posting requirements. ECL 33-1003, in part, requires that all persons providing CLAs must affix markers within or along the perimeter of the area where pesticides will be applied. It is the applicator's responsibility to meet the proper posting requirements for CLAs.

A "crack" could encompass a range of sizes and treatment scenarios and should be posted according to the regulations at 325.40(f), (g), and (h). If the applicator is unsure of how to comply with the regulations, they should contact the Pesticide Control Specialist in the NYSDEC Regional Office in their area.

Q. Do ECL Title 10 and 6 NYCRR Part 325.40 requirements apply to the application of the pesticide Talpirid to control moles under lawn areas?

Since the application is made underground, does it fit the definition of "commercial lawn application" in the NYSDEC pesticide regulations? (Note: The United States Environmental Protection Agency (USEPA) Pesticide Product Registration Number for Talpirid is 12455-101.)

A. Yes, ECL Article 33, Title 10, "Special Requirements for Commercial Lawn Applications" and the implementing regulations at 6 NYCRR 325.40, "Commercial Lawn Applications" apply to the application of Talpirid to control moles under lawn areas. CLA requirements found at ECL 33-1001 and 33-1003, and 6 NYCRR 325.40, regarding CLA contracts and visual notification markers, must be met. If the applicator is conducting CLAs in a county/municipality with a local neighbor notification law, then neighbor notification requirements must also be met. Those requirements would be in the local law which parallels the State neighbor notification law at ECL 33-1004 and 6 NYCRR 325.41.

Under ECL 33-0101(46) and 6 NYCRR 325.1(s), "Commercial lawn application means the application of pesticide to ground...." "To" is broadly used in Part 325; there is no limitation expressed in Part 325 to ground treatment being only to the surface of the soil. To determine whether an exterior application would be considered a structural application or a CLA, refer to compliance measure II. A. in NYSDEC Program Policy DSH-PES-05-11. (That Policy is entitled "Compliance with Certain Provisions of Commercial Lawn Applications Regulations.") Measure II.A. provides guidance on the distance a pesticide application can be made from the exterior perimeter of the structure and still be considered a structural application.

The Talpirid label does not specify that applications be made any specific distance from a structure. Therefore, the following statements from compliance measure II. A. would apply: "...if a perimeter/barrier treatment for indoor pest control is provided for under the label directions, but there is no distance specified on the label for the indoor pest control product, the applicator should apply the pesticide no more than four feet from the foundation, which is consistent with the industry standard. The Department will consider applications more than four feet from the foundation as a 'commercial lawn application.'"

Q. Are golf courses exempt from commercial lawn application marker posting?

A. Under Environmental Conservation Law (ECL) 33-0101.46(e), the application of pesticides on golf courses is not considered to be a "Commercial lawn application." Visual notification markers of commercial lawn application of pesticides are not required to be posted on any treated area of the golf course.

Q. Is a golfing country club exempt from requirements to provide the pesticide product label for commercial lawn applications?

A. If there is a dwelling on the course/country club grounds, the requirements for label provision under Environmental Conservation Law (ECL) Section 33-0905.5 must be met for any commercial pesticide application. That section requires, among other things, that every certified applicator, prior to pesticide application, provide information from pesticide product labels to dwelling occupants, or to the property owner or agent, depending upon specific conditions described in the ECL.

NOTE: See the Q&A, under "PESTICIDE PRODUCT LABELS," for information on specific requirements of ECL Section 33-0905. That Section was amended in 2007. For information on specific requirements, see the Q&A which begins "What does the New York State law (enacted in 2007) regarding electronic pesticide product labels, mean for pesticide applicators, dwelling occupants, or owners or owners agents?"

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drawing of different products in containers

Containers for products for experimental use or research and alternative service nontainers

Q. What type of labeling is needed on containers holding pesticides for experimental use and/or research?

A. The United States Environmental Protection Agency (USEPA) advised of several items needed on containers holding pesticides used with an Experimental Use Permit. Per USEPA, Section 40 CFR 172.6 states that pesticides used under an Experimental Use Permit must have the following information on the label:

  • The prominent statement, "For Experimental Use Only'';
  • The Experimental Use Permit number;
  • The statement, "Not for sale to any person other than a participant or cooperator of the EPA-approved Experimental Use Program'';
  • The name, brand, or trademark;
  • The name and address of the permittee, producer, or registrant;
  • The net contents;
  • An ingredient statement;
  • Warning or caution statements;
  • Any appropriate limitations on entry of persons into treated areas;
  • The establishment registration number, except in those cases where application of the pesticide is made solely by the producer; and
  • The directions for use, except that the Administrator may approve the use of the experimental program as labeling provided that such program is to be distributed with the product.

In the case where the pesticide is registered, the administrator of USEPA can permit this pesticide to be used under a supplemental label that is approved by USEPA.

If the experimental use is small enough that it falls into the exemptions to an Experimental Use Permit, under 40 CFR 172.3(b), the above labeling requirements do not apply. USEPA advised that although there are no specific federal requirements for labeling of pesticides for this type of research or experimental use, they recommend that the container be labeled with enough information to be able to identify the product and supply precautionary language that may be necessary to safely deal with a potential spill.

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From the New York State perspective, Environmental Conservation Law (ECL) sections 33-1301(1)(b) and 33-1301(1)( c) apply to situations in which the experimental use is small enough that it falls into the exemptions from obtaining an Experimental Use Permit, since they are the manufacturer containers. Under ECL 33-1301(1)(b), the following information should be on the label:

  • The name and address of the manufacturer, registrant, or person for whom manufactured;
  • The name, brand or trademark under which said article is sold; and
  • The net weight or measure of the content; subject, however, to such reasonable variations as the commissioner may permit.

The NYSDEC Bureau of Pesticides Management recognizes that the net weight or measure of the content would vary every time pesticide product is used from the container. This would result in the need to frequently revise the label to reflect the ever-changing net weight. For practical purposes, it is recommended that the label indicate the maximum volume or weight that the pesticide container can hold when full.

Under 33-1301(1)( c), if the pesticide is highly toxic, the container must also bear:

  • The skull and crossbones;
  • The word "POISON" prominently, in red, on a background of distinctly contrasting color; and
  • A statement of antidote for the pesticide.

The NYSDEC Bureau of Pesticides Management recommends and encourages that the labels of containers used to hold pesticides for experimental use or research, and the labels of alternative pesticide containers also contain the USEPA product registration number. Under New York State's regulatory scheme for pesticides, it is impossible to fully identify a pesticide product without the USEPA product registration number. Therefore, to fully identify the specific pesticide, the applicator should indicate the product registration number on the label.

Since all of the information required in ECL Sections 33-1301(1)(b) and ( c) is contained on the pesticide product label, the applicator may directly and securely affix a copy of the registered product label of the pesticide to the container or application device. If, as recommended above, the maximum weight or volume that the container can hold is to be indicated, it should be marked separately from the product label if the actual label is affixed to the container.

*NOTE: The requirements and NYSDEC recommendations in the bolded text above apply to alternative pesticide containers as well as containers used to hold pesticides for experimental use. Alternative pesticide containers are also addressed in the Q&A in this section regarding that subject.
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Q. What is required to be on the label of alternative pesticide containers? ("Alternative pesticide containers" are also known as "service containers" in trade terminology)

A. Alternative pesticide containers are identified in ECL Sections 33-1301(1)(b) and 33-0303(3)(e). It is the Department's position that any container would be considered an alternative pesticide container, except the manufacturer's immediate container used to transport or store pesticides. This includes all application equipment used at any time other than in conjunction with actual on-site application.

Therefore, any pesticide applicator utilizing an alternative pesticide container must comply with ECL Section 33-1301(1)(b) and ( c), and must ensure that the container bears the specified information or must directly affix to such container a label bearing that information. The required information is listed in the bolded text in the answer to Q&A regarding experimental use containers.

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Direct Supervision

Q. A sales person who is a certified commercial applicator sells general use (or restricted use) pesticides to an employee of a golf course (or other facility not required to be registered with NYSDEC ). The sales person offers to provide direct supervision to the person purchasing the pesticides. Is this acceptable?

A. No, it is not acceptable for a certified commercial applicator who sells pesticides to provide direct supervision to an employee of a golf course or other facility not required to be registered with the Department. Under 6 NYCRR Part 325.1(bm), the certified commercial applicator providing direct supervision must be employed by the same registered business or agency as the person being supervised. In the regulation, this is in regard to a registered business or agency and the question refers to entities not in those categories. However, the general intent of the regulation is for the individual providing direct supervision to have a direct relationship (e.g., employment or responsibility) with the recipient of the supervision. (By "responsibility" we include three words stated in 325.1(bm), italicized in the following: "Under direct supervision of means:...technician...or...apprentice acting under the instruction, control and authorization of a certified commercial applicator employed by the same registered business or agency....")

Q. Can a certified commercial applicator who is not employed by a registered business/agency offer to provide direct supervision (without compensation) for a technician or apprentice employed by a different employer which is not a registered pesticide business/agency?

A. No. A certified commercial pesticide applicator is defined in 6 NYCRR 325.1(m) as "a certified applicator who is certified by the Department to use or supervise the use of any commercial application of pesticides or to sell or supervise the sale of a restricted use pesticide as described in section 325.16(1)." "Under the direct supervision" is defined at 6 NYCRR 325.1(bm) as "...the act or process in which the application of a pesticide is made by a certified commercial pesticide technician or commercial pesticide apprentice acting under the instruction, control and authorization of a certified commercial applicator employed by the same registered business or agency or an individual acting under the instruction and control of a certified private pesticide applicator who is responsible for the actions of that individual." (emphasis added). In the question posed here, the technician or apprentice would not be acting under the instruction, control, and authorization of a certified commercial pesticide applicator employed by the same registered business or agency. Such an arrangement would not be in compliance.

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Exempt Products

Q. How do I know if a pesticide product is "exempt"?

A. New York State does not exempt pesticide products. The Federal Government exempts some products. There is no single source that lists all federally exempt pesticide products by name. One definite characteristic of a product that is not exempt is the USEPA Pesticide Product Registration Number. If an applicator finds a USEPA registration number on the product, then it is not exempt.

Nationwide, pesticide products are subject to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA requires, among other things, the registration (by USEPA) of pesticide products. Under FIFRA Section 25b (Exemption of Pesticides), "exempt" pesticides are "25b minimum risk pesticides." To qualify for a USEPA exemption as a minimum risk pesticide, there are a number of requirements in FIFRA and related federal regulation (40 CFR 152.25). These requirements are in regard to active and inert ingredients, label appearance, etc. Summary information on 25b pesticides and links to details are contained at: http://www.epa.gov/oppbppd1/biopesticides/regtools/25b_list.htm.

If, after reviewing the available information, the applicator is unable to determine whether the product is exempt under FIFRA 25b, they should contact the NYSDEC Product Registration Section at 518-402-8768. (NOTE: From the NYSDEC perspective, since 25b products are not required to be registered with the USEPA and do not bear a USEPA Registration Number, the Department does not require the registration of these products in New York State and does not review and/or approve their labeling.)

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houses next to each other

Neighbor Notification Law (NNL)

NNL - Counties Involved

Q. Which counties in New York State have opted into the NNL?

A. Neighbor notification requirements regarding certain pesticides applications are in effect in some local governments in the State which have enacted local NNLs. Under ECL Section 33-1004.1, "...any county not contained entirely within a city, and any city with a population of one million or more, may, after public hearing, adopt a local law..." to enact neighbor notification requirements effective in that county or city. Under ECL 33-1004.2, the county or city that enacts a local NNL has "...concurrent authority to enforce..." that local law, provided the related specific requirements of the ECL are met. Additional general Information on the NNL is available on our website.

As of January 1, 2008, the following counties had adopted local NNLs:

  • Albany
  • Erie
  • Monroe
  • Nassau
  • Rockland
  • Suffolk
  • Tompkins
  • Ulster
  • Westchester
  • New York City (one local law covers all five counties that comprise New York City).

NOTE: Over time, the above list of local governments, which have enacted NNLs, may not be all-inclusive. Additional local NNLs may be enacted by counties after this list is included on the website. To confirm whether a NNL law is in place in your area, please contact your local government. (General county government information can be accessed online at the New York State home page, under "governments".) Questions regarding local NNL laws listed above should be directed to the specific local government.

NNL - Commercial Application

Q. Do applicators need to notify people who live next to a golf course?

A. Under ECL 33-0101.46(e), the application of pesticides on golf courses is not considered to be a "Commercial lawn application." Therefore, the applicator treating the golf course with pesticides would not need to meet neighbor notification requirements under ECL Section 33-1004. This means they would not need to notify neighbors, such as those in a single family dwelling or other premises within 150' of the site of application.

Separate from neighbor notification and commercial lawn application requirements, however, are the requirements under Environmental Conservation Law (ECL) Sections 33-0905.5(a) and (b). There is no exemption under these Subdivisions, for either golf courses or certified applicators performing applications on golf courses, from the requirements to supply certain entities, prior to pesticide application, with written copies of information contained on the label(s) of the pesticide products to be applied.

That section requires, among other things, that every certified applicator, prior to pesticide application, provide information from pesticide product labels to dwelling occupants, or to the property owner or agent, depending upon specific conditions described in the ECL.

NOTE: See the Q&A, under "PESTICIDE PRODUCT LABELS," for information on specific requirements of ECL Section 33-0905. That Section was amended in 2007. For information on specific requirements, see the Q&A which begins "What does the New York State law (enacted in 2007) regarding electronic pesticide product labels, mean for pesticide applicators, dwelling occupants, or owners or owners agents?"

Under Section 33-0905.5(a), every certified applicator must, prior to application of pesticides within or on the premises of a dwelling, provide to the occupants a written copy of the information on the pesticide product label and, under Section 33-0905.5(b), the applicator must provide the owner, owner's agent or person of authority with a written copy of the label information. Therefore, if, under circumstances such as those of a pre-existing agreement (such as an easement), the golf course applicator applies pesticides within or on the premises of dwellings and/or multiple dwellings, buildings, or structures other than dwellings, the requirements regarding supplying label information must be met.

Q. If a neighbor declines future prior notification of the commercial lawn application of pesticides, is the applicator still required to notify?

A. If a neighbor, who is the occupant/person of authority at the neighboring dwelling, declines future notification of commercial lawn application of pesticides, the applicator would not be required to supply notification to that particular neighbor, provided that the applicator meets the requirements of 6 NYCRR Part 325.41(f). Under that section, a person or business making commercial lawn applications may provide one or more options to occupants of dwellings to decline further notices of commercial lawn applications to abutting property for the dwelling unit in which the occupant resides. Any such person or business must retain a record of each declination received and make all such records available for inspection upon request. The applicator must provide a reasonable mechanism for any occupant who issues such a declination to rescind the declination. Such rescission shall be effective no later than five business days following receipt by such person or business making commercial lawn applications.

NOTE: Any such declination applies to an occupant of a dwelling and not the address of the dwelling; it is the applicator's responsibility to provide notice to future occupants. There is no corresponding provision for occupants of multiple dwellings, since the 48-hour notice must be provided to the owners or owner's agent of the multiple dwelling or other person in a position of authority over the multiple dwelling. Owners of a multiple dwelling cannot decline notification for the occupants of the multiple dwelling. Occupants of multiple dwellings may make arrangements for declination with the owner or owner's agent or person of authority.

Q. If an applicator supplies one notification post card to each "neighbor," with all seasonal application dates indicated on it, will that fulfill the requirement for notification under the NNL?

A. Under Section 33-1004.1(b)(i) of the Environmental Conservation Law, written notice must be provided at least 48 hours prior to any commercial lawn application of a pesticide. Therefore, a single notification, meeting all necessary requirements, of all seasonal applications could be provided, as long as it is provided at least 48 hours in advance of the first application. However, if any application date(s) on that single notice change, then another notice, with the correct date(s), must be provided at least 48 hours prior to application on the changed date(s).

Q. What neighbor notification requirements must a pesticide applicator meet when making a commercial lawn spot application?

A. Neighbor notification requirements relating to certain commercial lawn pesticide applications are contained in 6 NYCRR Parts 325.41(b), (c), and (d). Under 6 NYCRR 325.41(e)(1) through (12), certain types of commercial lawn applications are exempt from neighbor notification requirements. Under 6 NYCRR Part 325.41(e)(10), spot applications of pesticides are exempt when both of the following requirements are met:

  • the application of pesticides is made in a manually pressurized or non-pressurized container of thirty-two ounces or less and
  • the application is made to an area of ground less than nine square feet.

The full text of Part 325 can be accessed at Pesticide Regulations. If it is not clear whether an exemption would be allowed, please contact our regional pesticides program staff whose telephone numbers can be accessed at Regional Offices.

NNL - Residential Application

Q. Some businesses sell markers to the public for use in meeting the NNL requirement for posting notices of residential lawn applications of pesticides on property the resident owns or leases, if they reside in a county which has enacted a local neighbor notification law. Can such markers include, on the front of the marker, information on the business selling the markers to the public?

A. The regulations, in 6 NYCRR Part 325.41(g), specify that all neighbor notification markers for residential lawn applications must include, on the front of the marker, certain language advising of the pesticide application and when it occurred, and not to enter the treated area for 24 hours. Other language placed on the front of the marker, beyond that required in regulation, would deter from the intent of the pesticide warning; therefore, any additional language should be placed on the back of the marker.

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picture of a label

Pesticide Product Labels

Q. What does the New York State law (enacted in 2007), regarding electronic pesticide product labels, mean for pesticide applicators, dwelling occupants, or owners or owners agents? What is the current language of the law?

A. The law referred to in the question is Chapter (Ch.) 216 of the New York State Laws of 2007, which was signed into law on July 3, 2007. That law amends Section 33-0905.5(a) and (b) of the Environmental Conservation Law (ECL). That section requires, among other things, that every certified applicator, prior to pesticide application, provide information from pesticide product labels to dwelling occupants, or to the property owner or agent, depending upon specific conditions described in the ECL (see "specific language" below).

  • The amendments made through Chapter 216 give the occupants, owner, or his or her agent, the option of requesting the required label information from the certified pest applicator in either written, digital or electronic format. Before changes were made to the law, applicators were required to supply a written copy of the label information and there was no other format option available.
  • The amendments also include a statutory requirement for certified applicators to have a written copy of the label information in his or her possession. (Note: A regulatory requirement also exists at 6 NYCRR Part 325.2(d), regarding applicators, technicians and apprentices having "...in their custody a copy of the label....")

The new law took effect on July 3, 2007; applicators must meet the amended requirements of ECL 33-0905.5(a) and (b).

What is the specific language of the Law?
Under ECL Section 33-0905.5(a):
"Every certified applicator shall, prior to the application of a pesticide within or on the premises of a dwelling, supply the occupants therein with a copy of the information, including any warnings, contained on the label of the pesticide to be applied. Such information shall be supplied in either a written, digital or electronic format which shall be determined by the occupants of such dwelling, provided however that the certified applicator must also have a written copy of such information in his/her possession."

Under ECL Section 33-0905.5(b):
"Except as provided in paragraph c of this subdivision, every certified applicator shall, prior to the application of a pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling supply the owner or his agent, with a copy of the information, including all warnings, contained on the label of the pesticide to be applied. Such information shall be supplied in either a written, digital or electronic format which shall be determined by the
owner or his or her agent, provided however that the certified applicator must also have a written copy of such information in his or her possession. Such owner or agent shall make available upon request at reasonable times such information in written or electronic form if available to the occupants or residents of such multiple dwelling, building, or structure."

The ECL can be viewed on the Article 33 and Portions of Articles 15 and 71 of the ECL page.
Chapter 216 of the Laws of 2007 can be viewed through a link at http://public.leginfo.state.ny.us/menugetf.cgi.

Q. Does the applicator have to provide pesticide product labels annually to the customer?

A. Under ECL 33-0905.5, the applicator is required to provide the label "prior to application." There is not a statutory time frame for "prior to," to stipulate how far in advance of application the label must be provided. The Department encourages the applicator to provide the labels annually, in general, but this may not be required if certain conditions are met.

There are, however, certain circumstances under which a label would need to be provided more than once.
• If the product or the product label changes since being provided to the customer, then the new label must be provided prior to any application.
• If a CLA is involved, the applicator must meet the requirements of ECL 33-1001 and 6 NYCRR Part 325.40. Under 325.40.1(a)(4), a CLA contract must include certain product and label information in 12-point type. Under 325.40.1(a)(7), the contract must be amended, if any of the contract elements under 325.40.1(a)(1)-(6) change. If a contract is amended due to different pesticide products being used, then the 12-point information for the changed products must be provided. If the product and label information was provided by supplying the full label with the contract, then the label must be provided anew, including 12-point information. For multiyear CLA contracts, DEC Program Policy #DSH-PES-05-11, item II.F. includes a compliance measure whereby the applicator may provide label information for the contract in several ways, such as a full label or label packet. That label or packet would need to be provided to the customer again, if a new contract is provided from year to year, if the contract is amended regarding products, or if the product label changes. (With any method used for providing product information under a CLA contract, the required 12-point product and label information under 325.40(a)(4) must be provided.)

Q. While making any pesticide application, can the applicator keep the label of the pesticide product being applied in his/her vehicle, or must it be on the applicator's person?

A. It is the applicator's responsibility to keep the pesticide product label immediately available as they move about the site of application. The most prudent approach would be for the applicator to keep the label with them, when they are at the location where the product is applied and during the entire application process.

Q. How can pesticide product labels be accessed on the Internet?

pesticide products

A. Labels for pesticide products currently approved for use in New York State (NYS) can be accessed on the Pesticide Product, Ingredient & and Manufacturer System (PIMS) site, which is maintained by the NYSDEC and Cornell University's Pesticide Management Education Program. Pesticide labels and other product information can be viewed by following these general steps:

  • Search in PIMS for a product using one of the listed parameters (e.g. EPA registration number, active ingredient). [NOTE: Generally, searching by EPA Registration Number is often the easiest search parameter to use.]
  • Click on the arrow in the "Details" column on the Product Search Results page to see product information and labels for a particular pesticide. Scroll down on that page to see product and registration information.
  • Click on"NYS Labels/Docs" on that page, to see a list of NYS accepted labels for the pesticide.
  • Click on the "Label/Document ID," on the page with the New York State Label/Document ID Search Results, with the most recent "Accepted Date" to view and/or print the most recently accepted labels (in PDF format).

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Pesticide Product Registration

Q. How can a person confirm whether or not a pesticide product is currently registered for use/sale in New York State?

A. Pesticide products currently registered for use in NYS are listed on the internet at the NYS PIMS site, where the Pesticide Product, Ingredient and Manufacturer System (PIMS) is housed (and updated biweekly). If a specific product is listed on that site, then it is currently registered for use in NYS. The pesticide product name and EPA Registration Number define, for NYS, a unique registration for each product approved for use in the State. Therefore, if a PIMS search results in a list of product(s), the list must be checked for the name of the specific product being searched. If it is included on the list, then the product is currently registered in NYS. If a screen appears that states "There was a problem with your PIMS search", and the search parameters are confirmed correct, then the product is not currently registered in NYS. If, after checking the PIMS site, concerns remain about the registration status of a pesticide product, contact the NYSDEC Pesticide Product Registration Section at (518)-402-8768. (For further details on use of PIMS, see the answer to the previous question.)

Q. How long can a pesticide product be sold, after its registration has "expired"?

A. Under New York State law, any pesticide used, distributed, sold or offered for sale in NYS must be registered every two years with the NYSDEC. If a product is listed on the Pesticide Ingredient & Manufacturer System (PIMS) Current Products website, then it is registered and may be sold and used in NYS. If a pesticide is not currently registered with the NYSDEC and is not listed on the PIMS Current Products website, it cannot legally be sold, offered for sale, or used in NYS.

Product registrations do not actually "expire." The "expiration date" referenced on the NYS PIMS Current Products webpage refers to the expiration of the particular company's registration renewal cycle and does not reflect the status of the product's registration. If the expiration date on PIMS has passed, this means that the company which registered the product has a renewal application pending NYSDEC review. When a product's registration is no longer registered by NYSDEC, it will be removed from the NYS PIMS Current Products website and all sales/uses of the product must stop immediately. NOTE: We strongly encourage the basic registrant of the product to inform distributors and retailers of the product that the product is no longer registered.

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Pesticide Recordkeeping for Commercial Applications

Q. What are the definitions for the recordkeeping items required for the commercial application of pesticides (including dosage rates)?

A. DEC Program Policy OGC-3 "Pesticide Recordkeeping and Reporting of Commercial Applicators" (issued by Frank V. Bifera, NYSDEC General Counsel, dated July 10, 1998) states, in lieu of the regulatory language found at 6 NYCRR 325.25 regarding recordkeeping and reporting requirements for commercial applicators, that the Department shall accept and allow records maintained in accordance with ECL 33.1205(1) to satisfy all regulatory record keeping requirements.

The following are the commercial applicator record keeping definitions which must be followed for each pesticide used:

1) USEPA Registration Number (EPA Reg. No.) - Enter the EPA Reg. No. as it appears on the product label. Be sure to include the dashes and use the EPA Reg. No. and NOT the EPA Establishment Number.

2) Product name - Enter the registered product name, not the active ingredient.

3) Quantity of each pesticide used - Enter the amount of the undiluted product, including ready-to-use (RTU) products, used from the container with the EPA Reg. No. on it, including the units of measure applicable to the quantity used, as indicated in the label directions.

4) Date applied - Enter the year, the month, and the day of the application.

5) Location of application by address (including five-digit zip code) - Enter the street address and zip code where the pesticide was applied.

6) Dosage Rate - Enter the amount of pesticide used for a given application per unit of the pesticide used, either area or volume, as it appears on the pesticide label. In general, herbicides and granular insecticides are labeled as the amount per unit of land area (oz/sq ft, pts/acre, etc.), while liquid insecticides are labeled as the amount per unit of volume (fl oz/gal, 0.06%, etc). If the pesticide is a ready-to-use (RTU) product, enter the rate as indicated in the label directions (to drip, linear feet/sec, etc.). If there is no rate indicated in the label directions, enter RTU.

7) Method of Application - Enter the method or the equipment used to apply the pesticide, as indicated in the label directions (broadcast, hand placement, aerial, etc.).

8) Target Organism - Enter the name of the targeted pest(s). The targeted pest or organism must be listed on the pesticide label.

9) Place of Application - Enter the exact location where the pesticide was applied. Information on "place" maintained by commercial applicators must be sufficient to accurately and precisely provide Department staff with a complete description about each pesticide application and enable an individual to return to a site and identify the exact location of the application.

As some of these definitions may be a change in how we have interpreted record keeping requirements in the past, inspectors may provide compliance assistance to applicators in the field, until we have provided adequate educational outreach. Due to the fact that pesticides are often tank mixed "back at the office," the applicator may record either the diluted quantity used (the amount of the finished mixture applied) or the undiluted quantity used (the amount of the concentrate used from the container) while still in the "field." If the diluted quantity is recorded in the field, then the undiluted quantity must still be recorded "back at the office," for the official record of that application. That record must be made available for NYSDEC inspection upon request.

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cover of annual report Pesticide Reporting Law

Q. What do I do if my company refuses to give me copies of my PRL reporting forms to meet the required annual February 1 deadline for submitting reports to the Department?

A. Under ECL 33-1205, all commercial applicators are required to maintain their use records and file a report with the Department of certain pesticide use information. It is their responsibility to maintain records or ask their employer to do so. If the applicator chooses to have a business maintain their records, it is still the applicant's responsibility to pursue resolution of any issues that arise with the business regarding the records.

Q. If I surrendered my pesticide applicator certification for a PRL violation, how do I get back into the system?

A. When an individual's certification has been surrendered for a PRL violation, there are certain requirements they must meet to regain certification. The requirements to be met would depend upon the length of time the applicator has been out of the certification system, and the status of their certification renewal cycle. At a minimum, the applicator must first pay any PRL-related outstanding fine(s) and obtain any credits needed for the categories associated with their certification. Fines may include those specified in the NYSDEC Pesticides Enforcement Guidance Memorandum, such as $250 per year that the applicator did not submit a PRL report to the Department.

If the applicator has been out of the system for over five years, they may also need to:

  • Retake the 30-hour training course.
  • Show that they still meet the experience requirement(s), as detailed at 6 NYCRR 325.8.
  • Apply to retake the core and appropriate category examinations

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Termite Control

picture of termite

Q. Can the pesticide Talstar One be used to control termites around a swimming pool? (The USEPA Pesticide Product Registration Number for Talstar One is 279-3206.)

A. Under 6 NYCRR 325.2(b), pesticides are to be used only in accordance with the label and labeling directions. More specifically, pursuant to 6 NYCRR 325.3(a)(1), the application of termiticide must be made in strict accordance with both the labeling of the termiticide and the pesticide regulations. As of this writing, swimming pools are not a listed use on the Talstar One product label.

Additionally, a structure is defined at 325.1(bh) as "..any walled and roofed building." It is the Department's position that swimming pools do not qualify as a structure within the context of the termiticide labels and State regulations.

Q. Does language on termiticide labels regarding trenching mean that only certified pesticide applicators should dig trenches for trench and rod application of termiticides?

A. The USEPA has issued Pesticide Registration (PR) Notice 96-7, Termiticide Labeling. That PR Notice requires that a termiticide label state: "For applications made after the final grade is installed, the applicator must trench and rod into the trench, or trench along the foundation walls at the rate prescribed to a minimum depth of 4 ft."

The Department asked the USEPA Office of Pesticide Program Labeling Committee if it was the intention of the termiticide label language that only the applicator that is applying the termiticide can dig the trench. USEPA responded that they did not intend to require only the individual applying the termiticide to dig the trench. USEPA intended the term "trench and rod" to describe a method of application. Any individual can dig the trench, but only the applicator may apply the termiticide, as permitted by State and federal law. It is, however, the applicator's responsibility to determine if the trench was dug correctly before the application occurs.

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