Amd SS33-0101, 33-0901, 33-0905, 33-0907, 33-0911, 33-1205 & 33-1301, rpld & add S33-0301, En Con L
Makes numerous provisions regarding the regulation of the application of pesticides by certified pesticide applicators including provisions regarding training of applicators and record keeping requirements.
STATE OF NEW YORK
________________________________________________________________________
5485
2013-2014 Regular Sessions
IN ASSEMBLY
February 28, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
application of pesticides by certified pesticide applicators; and to
repeal section 33-0301 of such law relating to declaration of policy
and purpose
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 33-0101 of the environmental
2 conservation law, as added by chapter 685 of the laws of 1978 and as
3 renumbered by chapter 612 of the laws of 1983, is amended to read as
4 follows:
5 10. "Certified pesticide applicator" means any individual who is
6 certified to use [or supervise the use of] any pesticide in any category
7 of use covered by his or her certification.
8 § 2. Subdivision 41 of section 33-0101 of the environmental conserva-
9 tion law, as added by chapter 612 of the laws of 1983, is amended to
10 read as follows:
11 41. "Residential application" shall mean the application of general
12 use pesticides by ground equipment [on property owned or leased by the
13 applicator, excluding any establishment selling or processing food and
14 any residential structure other than] only for outdoor applications on
15 the premises of a single family residence in which the applicator
16 resides or only within the specific dwelling unit in which the applica-
17 tor resides.
18 § 3. Section 33-0101 of the environmental conservation law is amended
19 by adding three new subdivisions 50, 51 and 52 to read as follows:
20 50. "Under the direct supervision of a certified pesticide applicator"
21 shall mean the act or process whereby the use of a pesticide, unless
22 otherwise prescribed by its labeling, is made by a competent person
23 acting under the instructions and control of a certified pesticide
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09214-01-3
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1 applicator who is responsible for the actions of that person and who is
2 available at the time and place the pesticide is applied.
3 51. "Integrated pest management" and "(IPM)" mean a decision-making
4 process for pest control that utilizes regular monitoring to determine
5 if and when controls are needed; employs physical, mechanical, cultural,
6 biological and educational tactics to control conditions that promote
7 pest infestations and to keep pest populations at tolerable damage or
8 annoyance levels; and only as a last resort, utilizes least-toxic pesti-
9 cide controls. The overall goal of IPM is to eliminate the unnecessary
10 use of pesticides and reduce the use of all pesticides.
11 52. "Pesticide use" means mixing, loading, handling, applying, trans-
12 porting, disposing and storing of pesticides, and cleaning and disposal
13 of pesticide containers.
14 § 4. Section 33-0301 of the environmental conservation law is REPEALED
15 and a new section 33-0301 is added to read as follows:
16 § 33-0301. Declaration of policy and purpose.
17 The policy and purposes of this article are as follows:
18 1. To provide for the proper, safe and efficient use of pesticides and
19 for protection of the public health and safety.
20 2. To protect the environment from environmentally harmful pesticides
21 by prohibiting, regulating or controlling uses of such pesticides.
22 3. To assure workers of safe working conditions where pesticides are
23 present.
24 4. To permit applications of pesticides by competent and responsible
25 certified pesticide applicators under strict control by the department.
26 5. To assure users that pesticides are properly registered and
27 labeled, and that pesticides are appropriate for the use designated by
28 the label, by this article, or by regulations promulgated by the depart-
29 ment.
30 6. To encourage the development and implementation of integrated pest
31 management systems for agricultural, non-agricultural and urban
32 settings, stressing application of biological, mechanical, cultural and
33 other non-chemical pest control techniques, and when necessary, to use
34 selective pesticides which offer the least possible harm, to non-target
35 organisms and the environment, to achieve acceptable levels of control.
36 § 5. Subdivision 3 of section 33-0901 of the environmental conserva-
37 tion law is amended to read as follows:
38 3. Sale of a restricted use pesticide shall only be made to a certi-
39 fied applicator, the holder of a non-canceled purchase permit holder or
40 to the holder of a commercial permit. Upon the sale by a commercial
41 permit holder of a restricted use pesticide to a purchase permit holder,
42 the commercial permit holder shall cancel the purchase permit in a
43 manner to be prescribed by the commissioner.
44 § 6. Subdivisions 1 and 2 of section 33-0905 of the environmental
45 conservation law, as amended by chapter 612 of the laws of 1983, are
46 amended to read as follows:
47 1. Any person who engages in the commercial or private application of
48 pesticides or the sale of restricted use pesticides shall be certified
49 by the commissioner except as provided in subdivision two of this
50 section. No certification shall be valid unless the certified person
51 also holds a valid certification identification card issued by the
52 commissioner.
53 2. The provisions of this article relating to registration and
54 certification shall not apply to:
55 a. residential application of pesticides as defined in this article;
56 or
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1 b. [private application of a general use pesticide as defined in this
2 article] an individual working under the direct supervision of a person
3 certified in the private application of pesticides.
4 § 7. Section 33-0905 of the environmental conservation law is amended
5 by adding a new subdivision 2-b to read as follows:
6 2-b. Training programs for persons seeking pesticide applicator
7 certification and recertification shall be conducted by or on behalf of
8 the department.
9 a. Training programs for persons seeking pesticide applicator certif-
10 ication shall, at a minimum, include topics such as hazards of and
11 precautions and protections necessary for proper pesticide use; inte-
12 grated pest management techniques for all categories of private and
13 commercial pesticide applicator certification and understanding of iden-
14 tifying and choosing least-toxic control alternatives; pesticide label
15 comprehension; proper pesticide use techniques and requirements; ground-
16 water protection; understanding, avoiding and minimizing pesticide drift
17 and other non-target impacts to humans and natural resources; current
18 state and federal laws and regulations governing the use of pesticides;
19 identification and life cycle information of pests; and occupational
20 safety. Training programs shall include hands-on demonstrations and
21 activities to ensure that applicators are capable of properly using
22 pesticides and calibrating and using application equipment.
23 b. Training programs for persons seeking recertification shall include
24 topics identified in paragraph a of this subdivision, and current infor-
25 mation relating to these topics, new integrated pest management
26 approaches and techniques, more efficient and effective application
27 equipment, worker protection and safety, human and natural resource
28 protection, and new personal protection equipment.
29 c. Training programs shall be conducted by persons who are certified
30 as trainers by the department. Persons conducting pesticide applicator
31 certification or recertification training programs shall, at a minimum,
32 satisfy the department as to their knowledge of all of the information
33 and topics required for training programs for pesticide applicators.
34 § 8. Subdivision 3 of section 33-0905 of the environmental conserva-
35 tion law, as amended by chapter 612 of the laws of 1983, paragraph d as
36 amended and paragraph f as added by section 1 of part U of chapter 59 of
37 the laws of 2004, paragraph e as added by section 1 of part F of chapter
38 686 of the laws of 2003, paragraph g as added by chapter 732 of the laws
39 of 2005, is amended to read as follows:
40 3. a. Application for pesticide applicator certification shall be made
41 to the commissioner. The application shall be on a form prescribed by
42 the commissioner and shall be accompanied by the fee or fees [provided]
43 and other information required in section 33-0911.
44 b. An applicant for certification shall satisfy the commissioner as to
45 [his] the applicant's verifiable knowledge and experience concerning the
46 proper use [and application] of pesticides [and], pesticide application
47 equipment, and pest management practices, in each category of certif-
48 ication sought, through on-the-job experience, training and examination
49 prior to initial certification. Recertification shall be by training[,
50 workbook, or] and examination [as required by the commissioner].
51 c. Upon certification, the commissioner shall certify the applicant
52 for the appropriate category or categories of certification and shall
53 issue a certification identification card to the applicant only for the
54 category or categories of certification in which the applicant is eligi-
55 ble. The certification may restrict the applicant to the use of a
56 certain type or types of equipment or materials.
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1 d. [Except as provided in paragraphs e and f of this subdivision,
2 pesticide] Pesticide applicator [certifications] cards shall be valid
3 for three years [after] by which time every applicator shall recertify
4 [according to the requirements then in effect. Certification identifica-
5 tion cards shall be valid for three years.
6 e. Private applicator certifications shall be valid for five years
7 after which every such applicator shall recertify according to the
8 requirements then in effect. Private applicator certification identifi-
9 cation cards shall be valid for five years.
10 f. Pesticide applicator certification for a commercial pesticide
11 applicator with only subcategory 3A-ornamentals, shade trees and turf or
12 only subcategory 3B-turf shall be valid for one year after which every
13 applicator shall recertify according to the requirements then in effect.
14 Certification identification cards for a commercial pesticide applicator
15 with only subcategory 3A-ornamentals, shade trees and turf or only
16 subcategory 3B-turf shall be valid for one year.
17 g.] by meeting the following requirements:
18 (i) Acquire a minimum of eighteen training credit hours for recertif-
19 ication, with a minimum of four training credits acquired annually; and
20 (ii) Successfully passing a recertification examination conducted by
21 the department.
22 e. The department shall review and evaluate all pesticide applicator
23 certification and recertification training manuals and examinations at
24 least once every five years, including an evaluation of the training
25 information required, and the number and type of questions necessary to
26 test applicants in all required areas of knowledge and skills.
27 f. The commissioner is authorized to provide all examinations, train-
28 ing materials, applications, and any other forms or written materials
29 necessary for a private and/or commercial applicator certification in
30 Spanish for applicants whose primary language is Spanish and for other
31 languages if the commissioner deems it necessary. The commissioner may
32 require applicants for registration of pesticides to make available
33 pesticide label information and instructions in Spanish and other
34 languages, when necessary, for applicators certified in Spanish or other
35 languages.
36 § 9. Subdivisions 2 and 3 of section 33-0907 of the environmental
37 conservation law, as added by chapter 612 of the laws of 1983, are
38 amended to read as follows:
39 2. Applications for pesticide business or agency registration shall be
40 made to the commissioner. The application shall be on a form prescribed
41 by the commissioner and shall provide such information as the commis-
42 sioner shall require. Every pesticide business shall provide proof of
43 current liability insurance which does not contain any provisions which
44 prevent payment of claims for environmental or health damages, otherwise
45 known as pollution exclusion clauses.
46 3. An [applicant] application for pesticide business or agency regis-
47 tration shall [satisfy standards, as determined by the commissioner to
48 be appropriate, with respect to knowledge and experience concerning the
49 proper use and application of pesticides and pesticide equipment] be
50 made by or on behalf of an individual who is a certified pesticide
51 applicator in each category of pesticide application conducted by the
52 business or agency, or who employs individuals who are certified pesti-
53 cide applicators in each category of pesticide application conducted by
54 the business or agency.
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1 § 10. Subdivisions 1 and 2 of section 33-0911 of the environmental
2 conservation law, as amended by section 3 of part YY of chapter 59 of
3 the laws of 2009, are amended to read as follows:
4 1. Every applicant for pesticide applicator certification shall pay
5 [an examination] a fee of one hundred dollars for [each examination] the
6 care examination, each category or sub-category examination or recertif-
7 ication examination taken.
8 2. [a. Except as provided in paragraph b of this subdivision, fees]
9 Fees for pesticide applicator certification identification cards shall
10 be four hundred fifty dollars for [commercial pesticide applicator
11 certification in one] each individual category[, one hundred fifty
12 dollars for each additional category and one hundred fifty dollars for
13 each additional sub-category chosen. For private applicators a fee of
14 twenty-five dollars for the initial certified private applicator and
15 five dollars for subsequent applicators on the same farm or business
16 shall be charged at the time of initial certification, renewal of
17 certification or recertification.
18 b. Fees for pesticide applicator certification for a commercial pesti-
19 cide applicator with only subcategory 3A-ornamentals, shade trees and
20 turf or only subcategory 3B-turf shall be two hundred dollars].
21 § 11. Subdivision 1 and paragraph b of subdivision 2 of section
22 33-1205 of the environmental conservation law, as added by chapter 279
23 of the laws of 1996, are amended to read as follows:
24 1. All commercial applicators shall maintain pesticide use records for
25 each pesticide application containing the following:
26 a. EPA registration number;
27 b. product name;
28 c. quantity of each pesticide used;
29 d. date applied;
30 e. location of application by address (including five-digit zip code).
31 Such records shall be maintained for a period of not less than [three]
32 thirty years in a manner and form specified by the department. All
33 commercial applicators shall file, at least annually, a report or
34 reports containing such information with the department on computer
35 diskette or in printed form on or before February first for the prior
36 calendar year. All commercial applicators shall also maintain corre-
37 sponding records of the dosage rates, methods of application and target
38 organisms for each pesticide application. These records shall be main-
39 tained on an annual basis and retained for a period of not less than
40 [three] thirty years in a manner and form specified by the department
41 and shall be available for inspection upon request by the department.
42 b. All private applicators shall maintain[, at a minimum,] pesticide
43 use records of [the restricted pesticides purchased, crop treated by
44 such, method of] each pesticide application[, and date of application or
45 applications] containing the following information:
46 (i) EPA registration number;
47 (ii) product name;
48 (iii) quantity of each pesticide used;
49 (iv) date applied;
50 (v) location of application by address (including five-digit zip
51 code);
52 (vi) crop or site treated; and
53 (vii) method of application.
54 Such records shall be maintained for a period of not less than thirty
55 years in a manner and form specified by the department. All private
56 applicators shall file, at least annually, a report or reports contain-
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1 ing the information specified in subparagraphs (i), (ii), (iii), (iv),
2 and (vi) of this paragraph, with the department on computer diskette or
3 in printed form on or before February first for the prior calendar year.
4 All private applicators shall also maintain corresponding records of the
5 dosage rates, methods of application, crop treated and target organism
6 for each pesticide application. This information shall be maintained on
7 an annual basis and retained for a minimum of [three] thirty years in a
8 manner and form specified by the department, and shall be available for
9 inspection upon request by the department.
10 § 12. Subdivision 8 of section 33-1301 of the environmental conserva-
11 tion law, as amended by chapter 685 of the laws of 1978, is amended to
12 read as follows:
13 8. For any person to engage in the commercial application of pesti-
14 cides without a pesticide applicator [certificate registration] certif-
15 ication identification card issued by the commissioner; or to engage in
16 the private application of pesticides without a pesticide applicator
17 certification identification card issued by the commissioner, except
18 while working under the direct supervision of [a certified applicator]
19 an individual certified in the private application of pesticides.
20 § 13. This act shall take effect on the first of November next
21 succeeding the date on which it shall have become a law.
