N.J. Admin. Code § 7:30-12.12

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:30-12.12 - Standard for pesticide handlers

(a) Except as provided for by (b) and (c) below, this subchapter applies when any pesticide product bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is handled for use on an agricultural establishment.

(b) This subchapter does not apply when any pesticide product bearing a label requiring compliance with the Worker Protection Standard, 40 CFR Part 170, is handled for use on an agricultural establishment in the following circumstances:

1. As part of government-sponsored public pest control programs over which the owner, agricultural employer, and handler employer have no control, such as mosquito abatement, Mediterranean fruit fly eradication, or similar community or area-wide public pest control programs;

2. On livestock or other animals, or in or about animal premises;

3. On pasture and rangeland where the forage will not be harvested for hay;

4. On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, and public and private lawns and grounds that are intended only for aesthetic purposes or climatic modification;

5. In a manner not directly related to the production of agricultural plants and animals including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas;

6. For control of vertebrate pests unless the control is directly related to the production of an agricultural plant;

7. As attractants or repellents in traps;

8. On the harvested portions of agricultural plants or on harvested timber; or

9. For research uses of unregistered pesticides.

(c) The handlers listed in this subsection are exempt from the specified provisions of this subchapter.

1. On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner of an agricultural establishment is not required to provide to himself or herself or members of his or her immediate family who are performing handling tasks on their own agricultural establishment the protections of:

i.N.J.A.C. 7:30-12.13(b) and (c);

ii.N.J.A.C. 7:30-12.14;

iii.N.J.A.C. 7:30-12.16, 12.17, 12.18, and 12.19, except for 12.16(a)1;

iv.N.J.A.C. 7:30-12.20(e) through (g);

v.N.J.A.C. 7:30-12.21; and

vi.N.J.A.C. 7:30-12.11.

2. The owner of the agricultural establishment shall provide all of the applicable protections required by this subchapter to other handlers and other persons who are not members of his or her immediate family.

3. Provided that the conditions of (c)3ii below are met, a person who is certified or licensed as a crop advisor by a program acknowledged as appropriate by the Department, the EPA, or another state or Tribal lead agency for pesticide enforcement are exempt from the provisions of: N.J.A.C. 7:30-12.17, 12.20, 12.21, and 12.22.

i. Certified crop advisors may make their own determination as to appropriate PPE for entry into a treated area during a restricted-entry interval and may substitute their self-determined set of personal protective equipment for the labeling-required personal protective equipment. However, the employer of a crop advisor shall provide all required protections of this subchapter to any crop advisor employee who is performing the duties of a crop advisor, but who is not a certified crop advisor.

ii. Conditions of crop advisor exemption are as follows:

(1) The certification or licensing program requires pesticide safety training that includes, at least, all the information in N.J.A.C. 7:30-12.16(c)3.

(2) No entry into the treated area shall occur until after the application ends.

(3) The exemption applies only when performing crop advising tasks in the treated area.

N.J. Admin. Code § 7:30-12.12

Amended by 52 N.J.R. 756(a), effective 4/6/2020