N.Y. Environmental Conservation Law § 33-1205: Recordkeeping and reporting

§ 33-1205. Recordkeeping and reporting.

1. All commercial applicators shall maintain pesticide use records for

each pesticide application containing the following:

a. EPA registration number;

b. product name;

c. quantity of each pesticide used;

d. date applied;

e. location of application by address (including five-digit zip code).

Such records shall be maintained for a period of not less than three

years. All commercial applicators shall file, at least annually, a

report or reports containing such information with the department in an

electronic format developed or accepted by the department consistent

with system file specifications or on scannable forms, if developed by

the department, on or before February first for the prior calendar year.

All commercial applicators shall also maintain corresponding records of

the dosage rates, methods of application and target organisms for each

pesticide application. These records shall be maintained on an annual

basis and retained for a period of not less than three years and shall

be available for inspection upon request by the department.

2. a. Every person who sells or offers for sale restricted use

pesticides to private applicators shall issue a record to the private

applicator of each sale of a restricted use pesticide or a general use

pesticide used in agricultural crop production to such applicator. Such

record of each sale shall include the following:

1. EPA registration number;

2. product name of the pesticide purchased;

3. quantity of the pesticide purchased;

4. date purchased;

5. location of intended application by address (including five-digit

zip code) or if address is unavailable by town or city (including

five-digit zip code) if the location of intended application differs

from the billing address that appears on the record.

Every person who sells or offers for sale restricted use pesticides to

private applicators shall file, at least annually, a report or reports

containing such information with the department in an electronic format

developed or accepted by the department consistent with system file

specifications or on scannable forms, if developed by the department, on

or before February first for the prior calendar year. The department

shall not use the reports filed pursuant to this paragraph for

enforcement purposes.

b. All private applicators shall maintain, at a minimum, records of

the restricted pesticides purchased, crop treated by such, method of

application, and date of application or applications. This information

shall be maintained on an annual basis and retained for a minimum of

three years, and shall be available for inspection upon request by the

department.

c. A private applicator shall, upon request, within six months,

provide site-specific information relating to pesticide applications to

any researcher entitled to receive information pursuant to paragraph (d)

of subdivision one of section twenty-four hundred eleven of the public

health law, provided, however, such request shall not be granted during

planting and harvesting unless at a time and in a manner that is

mutually convenient.