Current through Register Vol. 56, No. 18, September 16, 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 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.
