N.J. Admin. Code § 7:30-9.13

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

Section 7:30-9.13 - Notification: turf or ornamental applications

(a) The types of pesticide applications covered by this section are those performed by applicators who are required to be commercial certified pesticide applicators certified in Categories: 3A--Ornamentals; 3B--Turf; 3C--Interior plantscaping; 7A, 7B, 7D, 8A, 8C--Treatments which include perimeter barrier treatments beyond two feet, shade trees, lawn areas, shrubbery or brushy areas; 6A--General vegetation management; or performed by someone working under the direct supervision of such a commercial applicator. The provisions of this section need not be followed when using "minimum risk" pesticides exempted from regulation by 7:30-2.1(m)5.

(b) At single family residences, no commercial application of pesticides shall be made for the control of turf or ornamental pests on residential properties without the following provisions being carried out and sufficient time given to take appropriate precautions, if needed, to minimize potential exposure to individuals, pets and non-target sites, except as delineated in (b)4 below:

1. Signs shall be posted on the treated property, at the start of the application and may be removed after 72 hours.

i. The signs shall be white in color and bear the words, "Pesticide Treated Area" in letters at least one-half inch high;

(1) All of the information required in (b)1i through v, shall be printed in a dark color, which sufficiently contrasts with the white background of the signs;

ii. The signs shall also contain a minimum two inch diameter circular illustration, in standard international signage, depicting an adult and a child on a lawn walking a dog on a leash. The illustration shall depict, with a diagonal line across the circle, that this action is prohibited;

iii. The signs shall also bear the name of the applicator or applicator license number only if not employed by a pesticide applicator business;

iv. If the application is made by a pesticide applicator business, the name of the applicator business or the business license number;

v. The telephone number of the applicator or applicator business;

vi. The signs shall be placed in such a manner:

(1) That they are clearly legible from all streets fronting the treated property and principal accesses to the treated area and also at reasonable intervals around the perimeter of that part of the treated area which may be reasonably accessed by the public and/or the residents; or

(2) If a smaller section of a larger property has been treated, only the treated area need be posted with a sign or signs; and

vii. The applicator or applicator business shall be responsible for posting and removing the signs; however, the applicator business may delegate to the contracting party, in writing, the removal of the signs.

2. No application shall be made until the contracting party has been given the opportunity to review the following consumer information notice, a copy of which shall be provided by the commercial applicator or applicator business in writing or by electronic mail:

i. A statement that the exact dates of application shall be available if requested, by the contracting party;

ii. The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients);

(1) When an advance list of possible pesticides for each application has been given to the person to be notified, then the applicator or applicator business shall leave written notice of the specific pesticide used on the application date.

(2) The exercise of this option shall not defeat the purpose of (b)2iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;

iii. Label instructions relating to contracting party or general public safety, including separate precautions for each pesticide;

(1) Such label instructions may include instructions to water in the pesticide, or to cover or remove certain objects, such as pets, yard equipment, etc. Giving such instructions to the residents does not relieve the applicator of responsibility to insure that applicable label directions are carried out;

iv. The name, address and telephone number of the applicator business;

v. The telephone number of the National Pesticide Information Center for general health and pesticide toxicology information and the New Jersey Poison Information and Education System telephone number for emergency situations;

vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints.";

vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party; and

viii. The statement: "Sanitation, as well as physical and biological control measures, should be considered as a part of a good pest control program. Pesticides may be used as another part of a good pest control program. Pesticides are substances used to control living organisms and vary in degree of toxicity."

3. If the contracting party requests prior notification of the specific date of the application, or a copy of the label(s) for the pesticides used, such information shall be provided by the applicator or applicator business.

4. The applicator or applicator business is exempt from the requirement to provide the information pursuant to (b)2 above if the contracting party signs a waiver or confirms agreement by electronic mail of such waiver, which states that the written information is declined.

i. Such waiver shall be worded as follows: "I have been told that I have the right to receive consumer information as outlined in 7:30-9.13(b) 2. I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing." Signed______

ii. The waiver may be withdrawn by the contracting party by notifying the applicator or applicator business, in writing.

iii. The waivers shall be kept on file by the applicator or applicator business for at least three years.

iv. The waivers shall be immediately available upon request by the Department.

v. Waivers do not relieve the applicator or applicator business from responsibility to transmit appropriate warnings or precautions to the contracting party, resident, buyer and/or other appropriate persons pursuant to 7:30-10.2.

5. Whether or not a waiver is granted, the signs required pursuant to (b)1 above shall be posted.

(c) At multi-family residences, industrial and commercial buildings, no commercial application of pesticides shall be made for the control of turf or ornamental pests without the following provisions being carried out and sufficient time given to take appropriate precautions, if needed, to minimize potential exposure to individuals, pets and non-target sites:

1. Signs shall be posted on the treated property at the start of the application and may be removed after 72 hours.

i. The signs shall be white in color and bear the words, "Pesticide Treated Area" in letters at least one-half inch high;

(1) All of the information required in (b)1i through v, shall be printed in a dark color, which sufficiently contrasts with the white background of the signs;

iii. The signs shall also bear the name of the applicator or applicator license number only if not employed by a pesticide applicator business; or if the application is made by a pesticide applicator business, the name of the applicator business or the business license number;

iv. The telephone number of the applicator or applicator business;

v. The signs shall be placed in such a manner:

(1) That they are legible from the principal access points to the treated area and also at reasonable intervals around the perimeter of that part of the treated area which may be reasonably accessed by the public and/or residents;

(2) For category 3C--Interior plantscaping applications, the signs shall be placed where they will be visible and a separate sign shall be placed in each cluster or grouping of plants; or

(3) If a smaller section of a larger property has been treated, only the treated area need be posted with a sign or signs; and

vi. The applicator or applicator business shall be responsible for posting and removing the signs; however, the applicator business may delegate to the contracting party, in writing, the removal of the signs.

2. No application shall be made until the contracting party and the building manager or building contact person of the individual location, if different, has been given the opportunity to review the following consumer information notice, a copy of which shall be provided by the applicator or applicator business in writing or by electronic mail:

i. A statement that the exact dates of application shall be available if requested, by the contracting party, building manager, or building contact person;

ii. The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients);

(2) The exercise of this option shall not defeat the purpose of (c)2iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;

iii. Label instructions relating to contracting party or general public safety, including separate precautions for each pesticide;

(1) Such label instructions may include instructions to water in the pesticide or remove certain objects, such as food, dishes, toys, or pets, etc. Giving such instructions to the occupants does not relieve the applicator of responsibility to insure that applicable label directions are carried out.

iv. The name, address and telephone number of the applicator or applicator business;

vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints.";

vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party or building manager building contact person; and

3. If the contracting party and/or the building manager or building contact person, requests prior notification of the specific date of application, or a copy of the label(s) for the pesticides used, such information shall be provided by the applicator or applicator business.

4. The applicator or applicator business is exempt from the requirement to provide the information pursuant to (c)2 above if the contracting party, or the building manager/building contact person, signs a waiver or confirms agreement by electronic mail of such waiver, which states that the written information is declined.

i. Such waiver shall be worded as follows: "I have been told that I have the right to receive consumer information as outlined in 7:30-9.13(c) 2. I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing." Signed____________

ii. The waiver may be withdrawn by the contracting party or the building manager by notifying the applicator or applicator business, in writing.

iii. The waivers shall be kept on file by the applicator or applicator business for at least three years.

iv. The waivers shall be immediately available upon request by the Department.

5. Whether or not a waiver is granted, the signs required pursuant to (c)1 shall be posted.

(d) At golf courses, no commercial application of pesticides shall be made for the control of turf or ornamental pests without the following provisions being carried out:

1. Signs shall be posted at the starting tees prior to any application so that the signs are visible to persons using the course.

i. The signs shall bear the following information in letters at least one inch high: "Pesticide Treated Area"; and

ii. The signs shall also include the following information, which shall be legible to a person standing in front of the sign at a distance of three feet and which shall be changed as necessary:

(1) The date of last application;

(2) The area(s) treated, that is, the tees, fairways, greens, and roughs for each hole;

(3) The pesticide(s) used (brand name and common chemical names, if available, of the active ingredients);

(4) The intended date of next application for the tees and fairways, greens, and roughs for each hole; and

(5) The name and telephone number of the person to contact for additional information.

2. Any person asking the applicator or applicator business about pesticides used at the golf course shall be informed that the following information is available if requested in writing. The applicator or applicator business shall provide the following information within two weeks:

i. A copy of the label(s), of the pesticides used;

ii. The telephone number of the New Jersey Poison Information and Education System telephone number for emergency situations; and

iii. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints."

3. If a pesticide application is made to a residential property which is a part of the golf course grounds then notification shall be given to the resident(s) pursuant to (b)2 above and the treated area shall be posted as in (b)1 above.

4. If a pesticide application is made to golf course grounds which are not part of the actual playing course or part of a residential property, then the treated area shall be posted as in (b)1 above.

(e) At schools, institutions, parks and similar sites, no commercial application of pesticides shall be made for the control of turf or ornamental pests without the following provisions being carried out:

1. Signs shall be posted at the start of the application and may be removed after 72 hours. The signs shall be posted in such a manner:

i. That they are legible from the principal access points to the treated areas, such as athletic fields, play grounds and recreation areas;

ii. If there are no principal access points, that is, the field, playground, or recreation area is open or unfenced, then signs shall be posted at reasonable intervals around the perimeter of that part of the treated area which may be reasonably accessed by the public and/or residents; or

iii. In a smaller section of a larger property has been treated, only the treated area need be posted with a sign or signs;

2. The signs shall be white in color and bear the following information in letters at least one-half inch high: "Pesticide Treated Area.":

i. All of the information required in (e)1 through 5, shall be printed in a dark color, which sufficiently contrasts with the white background of the signs;

3. The signs shall also contain a minimum two inch diameter circular illustration, in standard international signage, depicting an adult and a child on a lawn, walking a dog on a leash. The illustration shall depict, with a diagonal line across the circle, that this action is prohibited.

4. The signs shall also bear the name of the applicator or applicator license number only if not employed by a pesticide applicator business; or if the application is made by a pesticide applicator business, the signs shall bear the name of the applicator business or the business license number.

5. The signs shall also bear the telephone number of the applicator or applicator business.

6. The applicator or applicator business shall be responsible for posting the signs.

7. No application shall be made until the contracting party and the site manager, that is, the head of the school, institution or park, has been given the opportunity to review the following consumer information notice, which shall be provided by the applicator or applicator business in writing or by electronic mail:

i. A statement that the exact dates of application shall be available if requested, by the contracting party, and site manager, that is, the head of the school, institution or park;

ii. The pesticide(s) to be used (brand name and common chemical names, if available, of the active ingredients);

(2) The exercise of this option shall not defeat the purpose of (e)7iii below. The residents of the property must be able to act upon those applicable label precautions for the product being used prior to the application being made. This means that if an applicator, while on a job site, decides to use a pesticide for which the necessary label precautions or instructions are not performed either by the resident or the applicator, prior to the application, then the application shall be rescheduled;

iii. Label instructions relating to building or site user or general public safety, including separate precautions for each pesticide;

(1) Such label instructions may include instructions to water-in the pesticide, or to cover or remove certain objects, such as playground equipment, etc. Giving such instructions to the contracting party does not relieve the applicator of responsibility to insure that applicable label directions are carried out;

iv. The name, address and telephone number of the applicator or applicator business;

vi. The telephone number of the Pesticide Control Program and the statement: "This number is for pesticide regulation information and pesticide complaints.";

vii. A statement, in writing, that a copy of the label(s) for the pesticide(s) used will be available, if requested by the contracting party or site manager; and

8. If the contracting party or site manager requests prior notification of the specific date of application, or a copy of the label(s) of the pesticides used, such information shall be provided by the applicator or applicator business.

(f) Public health officials are exempt from the notification requirements of this section and 7:30-9.12 and 9.15 during the normal course of their duties.

N.J. Admin. Code § 7:30-9.13

New Rule, R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Recodified from N.J.A.C 7:30-9.11 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. 7:30-9.13 was Reserved.
Amended by R.2004 d.452, effective 12/6/2004.
See: 36 N.J.R. 2124(a), 36 N.J.R. 5433(a).
Substituted "Information Center" for "Telecommunications Network" throughout.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In the introductory paragraph of (b)1i, inserted "be white in color and", substituted "words, 'Pesticide Treated Area' " for "following information" and deleted ": 'Pesticide Treated Area' " following "high"; added (b)1i(1); in the introductory paragraph of (b)2, inserted "or by electronic mail"; in (b)2vi, inserted "is", substituted "and" for a comma following "information" and deleted ", and health referrals" following "complaints"; in the introductory paragraph of (b)4, inserted "or confirms agreement by electronic mail of such waiver,"; in (c)1i, inserted "be white in color and", substituted "words, 'Pesticide Treated Area' " for "following information" and deleted ": 'Pesticide Treated Area' " following "high"; added (c)1i(1); rewrote (c)1vi; in the introductory paragraph of (c)2, inserted "or by electronic mail"; in (c)2vi, inserted "is", substituted "and" for a comma following "information" and deleted "and health referrals" following "complaints"; in the introductory paragraph of (c)4, inserted "or confirms agreement by electronic mail of such waiver,"; in (d)2iii, inserted "is", substituted "and" for a comma following "information" and deleted "and health referrals" following "complaints"; in (e)1iii, substituted a semicolon for a period at the end; in the introductory paragraph of (e)2, inserted "be white in color and", inserted a period following "Area" and substituted a colon for a period at the end; added (e)2i; in the introductory paragraph of (e)7, inserted "or by electronic mail"; in (e)7vi, inserted "is", substituted "and" for a comma following "information" and deleted ", pesticide toxicology information and health referrals" following "complaints"; and in (e)7viii, inserted "; and" at the end.