Current through Register Vol. 56, No. 24, December 18, 2024
(a) No
commercial pesticide operator shall engage in, cause, suffer, allow, or permit
the use or application of any pesticide without first meeting the training and
licensing requirements of this subchapter unless:
1. Such person is certified and licensed as a
commercial pesticide applicator;
2.
Such person is at least 18 years of age and working under the direct
supervision of a responsible commercial pesticide applicator who is present at
the time and place of application and visual and audio contact sufficient to
ensure proper application is maintained.
i.
For the purposes of this subchapter, a person is under direct supervision only
if the person supervised and the person supervising are employed by the same
employer.
ii. Commercial pesticide
operators who work for a pesticide applicator business are considered under
direct supervision only if the person supervised and the person supervising are
employed at the same physical location. "Employed at the same physical
location" means that the person supervising and the person supervised shall
both have physical work spaces at the same physical location. In addition, all
records of pesticide application performed by the person supervised shall be
kept at the same physical location as the person supervising and shall be
immediately available upon request by the Department pursuant to N.J.A.C.
7;30-6.8 or 7.3; records kept at a temporary seasonal facility during the spray
season, may be transferred to the main facility at the end of the spray
season;
3. Such person
is applying any "minimum risk" pesticide which has been exempted from
regulation by the US EPA under 40 CFR Part 152; or
4. Such person is exempt under the provisions
of N.J.S.A. 13:1F-1a, namely local or
county health inspectors who use only general use pesticides as flushing
agents, such as pyrethrum sprays, to check for insect infestations during the
normal course of their job.
(b) Notwithstanding the responsibility of any
other person or the exemption from the provisions of any other section of this
subchapter, any commercial pesticide operator may be jointly and severally
responsible for any aspects of any pesticide application in which he or she is
involved.
(c) Persons exempt under
this section from all licensing requirements shall not be considered to be
commercial pesticide operators.
(d)
No commercial pesticide operator shall supervise the use or application of any
pesticide.
(e) No commercial
pesticide operator shall perform an aerial application of any
pesticide.
