N.J. Admin. Code § 7:30-7.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:30-7.1 - Licensing

(a) No person shall cause, suffer, allow or permit the operation of a pesticide applicator business as defined by this chapter in the State of New Jersey without first licensing such business with the Department on forms provided by the Department.

1. Such person shall provide the Department with the physical location address as well as the mailing address, if the addresses are different.

2. A business is exempt from (a) above if:

i. The only use of pesticides involves the use of the following general use pesticides: antimicrobial agents, wood preservatives, antifouling paints or antifouling agents not classified as restricted use; or

ii. Such person is using any "minimum risk" pesticide exempted from regulation by N.J.A.C. 7:30-2.1(m)5.

3. Application forms may be obtained by contacting the Pesticide Control Program, PO Box 411, Trenton, NJ 08625-0411.

(b) An annual license fee of $ 150.00 shall be paid to the Department at the time of licensing. The license year shall end on October 31 of each calendar year except that the Department may issue a license for an additional year when an application is initially filed during the last three months of the license year.

(c) Pesticide applicator businesses having more than one place of business operating within the State shall obtain a license and pay the annual license fee for each place of business. Pesticide applicator businesses which operate under more than one business name shall obtain a license and pay the annual license fee for each name separately.

1. A separate business name will result from any difference in a key word part of the name (that is, an example of a key word change would be from ACE to ACER; none of the following are considered key: company, incorporated, exterminating, pest control). In addition a name will be considered different if the difference results in a different alphabetical sort of the business name (that is, A Zebra as opposed to Zebra).

(d) Each place of business shall employ, for each category or subcategory in which it makes pesticide applications, at least one responsible commercial pesticide applicator who is certified and licensed in that category or subcategory.

(e) Each pesticide applicator business shall prominently display on every service vehicle operated by that business the license number assigned to that business by the Department.

1. The license number shall be in figures at least three inches high;

2. The license number shall be located on at least the two sides of each vehicle; and

3. The license number shall be a color which contrasts with the background color of the vehicle.

(f) A licensed business shall notify the Department, in writing and within 30 days, of any changes in any information on its license application.

(g) Every unlicensed pesticide applicator business found to be operating in the State of New Jersey shall be required to pay the license fee as provided in (b) above for each year the unlicensed business was in operation, as determined through investigation by the Department.

(h) Possession or storage of any pesticide on a commercial vehicle, or on a vehicle which meets the definition of a service vehicle, under circumstances which are not listed as exceptions pursuant to (a) above is considered as evidence that the user, owner, or lessee of the vehicle is engaged in the commercial application of pesticides or the operation of a commercial pesticide applicator business.

N.J. Admin. Code § 7:30-7.1

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
(g) added.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Substantially amended (a) and (b).
Amended by R.1990 d.426, effective 8/20/1990.
See: 22 N.J.R. 1314(a), 22 N.J.R. 2571(a).
Registration fee increased from $ 75.00 to $ 100.00 at (b).
Recodified from N.J.A.C. 7:30-7.2 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Rewrote the section. Former N.J.A.C. 7:30-7.1, Definitions, repealed.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (f), deleted ", or if the business is no longer engaged in the application of pesticides" from the end.