N.J. Admin. Code § 7:30-6.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-6.8 - Records

(a) A commercial pesticide applicator shall keep, for each application of pesticides made by him or her or under his or her direct supervision, a record of application containing the following information, unless it is an aquatic pesticide application, in which case a record shall be kept in accordance with N.J.A.C. 7:30-9.3(j):

1. The date of the application.

i. For pesticides having a specific REI listed on the label or labeling, the date of application shall include the hour completed (which signals the beginning of the REI); and

ii. The re-entry time and date;

2. The place of application, namely the specific address, municipality and county.

i. For pesticide applications to an agricultural commodity, place of application shall include:

(1) The name and address of the farm;

(2) The specific field, greenhouse or land area, including the municipality and county;

(3) The crop, commodity or stored product that was treated with the pesticide; and

(4) The size of the area treated.

ii. To satisfy the requirement for a specific address, a map or specific location description of the place of application may be listed as part of the record;

3. The brand or trade name, the active ingredients, and the EPA registration numbers of each pesticide used or symbol representing such information, providing the applicator also keeps a list, which, clearly correlates the symbol used pursuant to (b)1 below;

4. The "recipe" used to mix the pesticide as required by the label. The recipe shall consist of:

i. The total amount of pesticide concentrate; and

ii. The total amount of diluent;

5. The total amount of pesticide mixture used for each individual application.

i. The size of the area treated, when a rate per given area is specified on the label;

6. The full name and pesticide applicator license number of the person making the application, or a symbol that corresponds to that person's name and license number on a separate list of all commercial applicators and/or commercial pesticide operators.

i. If the person making the pesticide application is a handler, the record or list shall include the handler's full name;

7. The site of application; and

8. For applications by a commercial applicator of a termiticide, the record shall also include a diagram of the structure treated, depicting:

i. The lower level of the structure;

ii. The general location of the termite infestation(s) or re-infestation(s) and visible damage;

iii. Areas treated; and

iv. Any significant items, such as location of known wells, drainage systems, "porch over basement" situations and streams and ponds, which may be affected by the application.

(b) In addition to the records required by (a) above, the applicator shall also keep, in writing:

1. A listing of the names, active ingredients (common chemical name, if available) and corresponding EPA Registration Numbers of all the pesticides applied by the applicator or by any persons under the applicator's supervision. This information may be kept separately from the records required by (a) above or may be integrated with such records by including on the record of each pesticide application the full name, active ingredients and EPA Registration Number of the pesticide(s) used; and

2. Records of all on-the-job training given to commercial pesticide operators and applicators pursuant to 7:30-5.2 and 6.2, kept separately or marked in such a way that they can be accessed upon request by the Department.

(c) All records and information required to be kept pursuant to this section shall be recorded in writing as soon as possible, but no later than 24 hours after application and kept for a minimum of three years except that all records of termiticide applications shall be kept for a minimum of five years.

(d) All records and information required to be kept pursuant to this section shall be immediately provided to the Department upon request. Such records shall also be immediately provided to medical personnel in emergency cases. In non-emergency cases, medical personnel may request this information through the Department. These records may be kept by a business pursuant to N.J.A.C. 7:30-7.

(e) A commercial pesticide applicator shall, upon written request, provide a customer with a copy of the application record which is required to be kept pursuant to this section and which pertains to a pesticide application performed for that customer.

(f) Before the application of any pesticide on, or in, an agricultural establishment, any handler employer, commercial pesticide applicator, and/or pesticide applicator business performing any application of a pesticide having a restricted-entry interval subject to the provisions of N.J.A.C. 7:30-12, shall notify the agricultural employer, owner, or lessee responsible for the field being treated of the following:

1. The specific location and description of the areas to be treated;

2. The start and estimated end time and date of application;

3. The product name, EPA registration number, and active ingredient(s);

4. The restricted-entry interval specified on the pesticide labeling;

5. Whether posting and oral notification, or both, are required; and

6. Any restrictions or use directions that the pesticide labeling indicates must be followed for protection of workers, handlers, or other persons during, or after, application.

(g) The records of application for all pesticides used under a New Jersey or Federal Experimental Use Permit, FIFRA Section 18 Emergency Exemption or Section 24(c) Special Local Needs registration shall be clearly designated so that they stand out from the other application records. In addition, such records shall contain, in addition to that information required in (a) above, the EPA Section 24(c) SLN Product Registration Number, EPA Section 18 File Symbol Number, or the State/EPA EUP Number.

(h) Local or county health inspectors whose only use of pesticides is the use of flushing agents, such as pyrethrum sprays, to check for insect infestations during the normal course of their job are exempt from recordkeeping under the provisions of P.L. 2000, c. 126.

N.J. Admin. Code § 7:30-6.8

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