N.Y. Environmental Conservation Law § 33-0901: Commercial permits

§ 33-0901. Commercial permits.

1. A commercial permit is required 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.

2. Any person desiring such a permit shall file an application

containing such information required by the commissioner and in a form

prescribed by the commissioner. The commissioner shall examine the

application and shall issue or refuse to issue the permit requested

therein. The commissioner shall impose whatever restrictions or

conditions on the permit he deems appropriate in order to fully protect

the public interest. Such a permit shall not be valid for more than two

years as determined by the commissioner. A separate permit is required

for each location in the state, and a fee for each location in the state

of six hundred dollars is required.

3. Upon the sale by a commercial permit holder of a restricted use

pesticide to a purchase permit holder, the commercial permit holder

shall cancel the permit in a manner to be prescribed by the

commissioner.

4. The holder of a commercial permit may purchase restricted use

pesticides for re-sale without being required to obtain and present a

purchase permit, as provided for in section 33-0903.

5. The holder of a commercial permit must maintain and make available

to the commissioner or his agents, for at least two years, accurate and

detailed records accounting for all restricted use pesticides acquired

by him and disposed of by him, including, but not limited to dates,

names and addresses of all suppliers and the quantities acquired from

each, and the names, addresses, permit numbers or certification

identification card numbers of all purchasers, and the quantities

purchased by each.

6. The reasons for the denial of an application or revocation of a

commercial permit may include, but not be limited to, the commissioner

being satisfied of one or more of the following:

a. That any statement in the application or upon which the permit was

issued is or was false or misleading;

b. That the applicant or permit holder does not have adequate

facilities for the storage and distribution of restricted use

pesticides;

c. That the applicant or permit holder has engaged in fraudulent

business practices relating to the sale and distribution of pesticides;

d. That the applicant or permit holder has failed to comply with any

provision of subdivisions 1 through 5 inclusive of section 33-0303 and

titles 5, 7, 11, 13 and 15 of this article or rules and regulations of

the department made pursuant thereto; or

e. That the applicant or permit holder has failed to demonstrate that

he has sufficient knowledge and experience concerning the proper use and

application of pesticides.

7. A formal hearing shall not be required and the commissioner's

decision in denying or revoking a permit shall be final unless the

applicant or permit holder institutes a review within the time and in

the manner prescribed by article 78 of the Civil Practice Law and Rules.