Application Instructions for Commercial Permits

General Information:

Environmental Conservation Law Article 33 Section 33-0901 requires a Commercial Permit for the distribution, sale, offer for sale, purchase for the purpose of re-sale or possession for the purpose of re-sale of a restricted-use pesticide. A Commercial Permit is required by all pesticide registrants and dealers who sell or ship restricted-use pesticides within or into New York State. The Commercial Permit is issued to the specific business named in block 3. Dealers or registrants that conduct business under more than one name must obtain a Commercial Permit for each business name. A separate Commercial Permit is required for each location in New York State. Out-of-State dealers or registrants with no sales or distribution location in New York State need one Commercial Permit.

Any person who engages in the sale of a restricted use pesticide shall be certified by the Commissioner. Each business requiring a Commercial Permit must employ at least one applicator who is certified in New York State throughout the term of the Commercial Permit.

All Commercial Permit holders are required to file annual reports of:

(A) The sales of restricted pesticide products, and
(B) The sales of general use pesticide products to private applicators for use in agricultural crop production.

Application Instructions:

BLOCK 1a. If you do not have a Commercial Permit and are applying for the first time, check New. If you currently have a Commercial Permit and wish to renew it, check Renewal and enter your previously assigned Commercial Permit number.

BLOCK 1b. Check box and enclose the fee of $300.00 per Commercial Permit per location. Make check payable to the Commissioner of NYSDEC. If this renewal, return the renewal notice with the application and fee.

BLOCK 2. In accordance with Federal and State Laws, the New York State Department of Environmental Conservation requires that all applicants for Commercial Permits provide their Federal Employer Identificaiton Number (FEIN) or Social Security Number (SSN) if they are not required to have a FEIN. This information is also used to maintain accurate registration records. The SSN or FEIN may be shared with other State or Federal agencies, consistent with applicable laws and Departmental policy, but will otherwise be kept confidential. Statutory authority for requiring Federal Social Security Numbers is found in: Federal Law-Privacy Act of 1974 (Section 7 of P.L., 93-579); Welfare Reform Act of 1996 (42 USCA 666(a)); New York State Tax Law, Chapter 60, Article 1 - Short Title, Section 5; and New York State General Obligations Law, Chapter 24-A, Article 3, Title 5, Section 3.

BLOCK 3. Enter the full legal name of the business (including assumed "d.b.a." name): if you are renewing and the business name has changed, please indicate correct name.

BLOCK 4. Enter your mailing address. This should be the address you use to receive mail. Use the two letter abbreviation for your state.

BLOCK 5. Enter physical location address of the facility from which your business sells restricted pesticides. Use the two letter abbreviation for your state.

BLOCK 6. Enter the county of business physical location.

BLOCK 7. List the telephone number of the business location.

BLOCK 8. If you have e-mail, enter the e-mail address here.

BLOCK 9. Are there additional locations? Check Yes or No. If you checked Yes, list the addresses of the additional locations and submit a permit application for each location in New York State.

BLOCK 10a. The Commercial Permit holder is required to have adequate facilities for the storage and distribution of restricted pesticides. If the address of your pesticide storage area location is different from the address listed in block 5, list the complete address of the storage area here.

BLOCK 10b. The holder of a Commercial Permit must maintain, for a minimum of three years and make available to the Department upon request, records of restricted pesticides acquired or sold. If the address of your record storage area is different from the address listed in block 5, list the complete address of the storage area here.

BLOCK 11. List the certified applicator employed by your business, the applicator's New York State pesticide applicator certification ID number and expiration date. The listed certified applicator must personally sign the form to acknowledge that they are aware that their certification is being used to obtain a Commercial Permit.

BLOCK 12. Check the appropriate boxes that describe the pesticide products you sell.

BLOCK 13. Check your ownership type.

BLOCK 14. Individual owners supply your name and title. Corporations and Partnerships supply the names of the president, vice-president, secretary and treasurer. Managers of Limited Liability Corporations supply your name and title.

BLOCK 15. If your business is a sole proprietorship, New York State General Obligations Law, Section 3-503 requires a written statement that, as of the date of the filing, the applicant is, or is not, under an obligation to pay child support. Individuals who are four months or more in arrears in child support may be subject to suspension of their business, professional and/or driver's licenses. Individuals who are under an obligation to pay child support but are not in compliance with the General Obligations Law can be issued a registration for no more than six months to discharge child support obligations consistent with that law. The intentional submission of false written statements for the purpose of frustrating or defeating the lawful enforcement of support obligations is punishable pursuant to Section 175.35 of the New York State Penal Law.

BLOCK 16. The applicant must complete this section with the appropriate information. This section must be notarized; the Notary must provide their notary stamp, I.D. number and the date the commission expires.

Complete applications should be mailed to the address on the top of the application form. Incomplete applications will be returned.