N.Y. Environmental Conservation Law § 33-0905: Pesticide applicator certification

§ 33-0905. Pesticide applicator certification.

1. Any person who engages in the commercial or private application of

pesticides or the sale of restricted use pesticides shall be certified

by the commissioner except as provided in subdivision two of this

section. No certification shall be valid unless the certified person

also holds a valid identification card issued by the commissioner.

2. The provisions of this article relating to registration and

certification shall not apply to:

a. residential application of pesticides as defined in this article;

or

b. private application of a general use pesticide as defined in this

article.

2-a. The commissioner may, pursuant to paragraph e of subdivision

three of section 33-0303 of this article, adopt regulations on the use

of pesticides including the appropriate method and setting for the use

of pesticides classified by the United States environmental protection

agency as an exempt material under 40 CFR part 152.25, often called

minimum risk pesticides, which are exempt from the requirements of the

Federal Insecticide, Fungicide and Rodenticide Act. Such regulations

shall encompass all factors necessary to prevent damage or injury to

health, property and wildlife.

3. a. Application for pesticide applicator certification shall be made

to the commissioner. The application shall be on a form prescribed by

the commissioner and shall be accompanied by the fee or fees provided in

section 33-0911.

b. An applicant for certification shall satisfy the commissioner as to

his knowledge and experience concerning the proper use and application

of pesticides and pesticide application equipment through examination

prior to initial certification. Recertification shall be by training,

workbook, or examination as required by the commissioner.

c. Upon certification, the commissioner shall certify the applicant

for the appropriate category of certification and shall issue a

certification identification card to the applicant. The certification

may restrict the applicant to the use of a certain type or types of

equipment or materials.

d. Except as provided in paragraph e of this subdivision, pesticide

applicator certifications shall be valid for three years after which

every applicator shall recertify according to the requirements then in

effect. Certification identification cards shall be valid for three

years.

e. Private applicator certifications shall be valid for five years

after which every such applicator shall recertify according to the

requirements then in effect. Private applicator certification

identification cards shall be valid for five years.

g. The commissioner is authorized to provide all examinations,

training materials, applications, and any other forms or written

materials necessary for a private and/or commercial applicator

certification in Spanish for applicants whose primary language is

Spanish and for other languages if the commissioner deems it necessary.

The commissioner may require applicants for registration of pesticides

to make available pesticide label information and instructions in

Spanish and other languages, when necessary, for applicators certified

in Spanish or other languages.

4. Certified pesticide applicators shall maintain such records and

shall furnish such reports concerning the application of pesticides as

the commissioner shall require. All records required to be kept under

this section shall be available for inspection by the commissioner.

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.

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.

c. In the case where an occupant of a multiple dwelling unit retains a

certified applicator to apply pesticides within such unit, such

certified applicator shall, prior to the application of a pesticide,

supply any information, including all warnings, contained on the label

of the pesticides to the occupants.

d. For the purposes of this subdivision:

(i) A "dwelling" is any building or structure or portion thereof which

is occupied in whole or in part as the home, residence or sleeping place

for one or two families;

(ii) A "multiple dwelling" shall mean any dwelling which is to be

occupied by or is occupied as the residence or home of three or more

families living independently of each other;

(iii) A "multiple dwelling unit" shall mean that portion of a multiple

dwelling occupied by one or more persons as the residence or home of

such persons; and

(iv) "Premises" shall mean land and improvements or appurtenances or

any part thereof.