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DEC Regulation Review and UpdateCatherine AhlersBureau of Pesticides Management845-256-3097

January 28, 2019

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Have you sent your annual PRL report in?

A letter was sent to all currently certified commercial applicators and technicians.

If you didn’t get one, we don’t have your current address. You can check your address with us here or at the office. If your address has changed, you must submit a letter to your regional office.

You are still responsible to submit a report so make sure to get it in on time.

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Commercial Applicator/Technician Pesticide Use Annual Report Due: February 1 of the following year

All commercial applicators and technicians must report, even if no applications made.Do not assume others (boss/company) will do this for you, it is your responsibility.Use of our form (44-15-26) covers both daily use and PRL records.Website – www.nysprl.com – can download forms, report electronically.

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Common Annual Pesticide Report IssuesNo report filed – everyone needs to fileEPA Registration Numbers written incorrectly - check

No hyphens, wrong numbersProduct Name

Not active ingredientAmount of Product Applied – units are in a separate columnAddress

Generally not a PO BoxZip Code

5 digit – check if you are unsure

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PRL AddressThe address is listed on letter sent to all applicators/technicians/commercial permitees and on website.

NYS DECPesticide Reporting SectionPO Box 10699Albany, NY 12201-5699

Address has not been Wolf Rd in nearly 20 years.

Call (518) 402-8748 if you have any questions. Better to call before than have an issue.

Recommend sending it return receipt.

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ContractsRequired for all lawn care applications of pesticides. Lawn care includes applications to outdoor grounds, trees and shrubs.

Has to have: Company information including certified applicator number

and business reg. number.Property owners information including street address.Total number of proposed applications and proposed dates of

said applications (dates have to be within 21 day window).Total cost for the applications to be provided.List of pesticides to be applied and label information.Be signed by both applicator/company and property owner (or

owner’s agent).

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ABC Turf Company

123 John St.

Everywhere, NY 12345

123-456-7890

NYS DEC Bus Reg # 00000

Pesticide Applicator # C0000000

Application Address Billing Address

Joe Smith Joe Smith

345 Mary St. 123 Doe St.

Modena, NY 12540 New Paltz, NY 12561

Application site – front and back yards – 10,890 square feet (0.25 acre)

Early Spring Application – April 1-April 20, 2016

Pre emergent crabgrass control + fertilizer $200

Spring Application – May 15-30, 2016

Grub control + fertilizer $150

Summer Application – June 10-30, 2016

Broad leaf weed control + fertilizer $125

Late Summer Application – August 15-30, 2016

Broad leaf weed control + fertilizer $125

Fall Application – September 20-October 5, 2016

Broad leaf weed control + fertilizer $125

Total number of applications - 5

Total Cost for applications $725

The property owner or owner’s agent may request the specific date or dates of application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract.

All labels have been given to you and when a treatment is done, a notice of which products (from the list/packet) were used will be left in your front door.

Signature of Business Owner/Certified Applicator Signature of Homeowner or Property Owner

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Date Range (Policy relating to 325.40(1))Dates can be no more than 21 calendar days – count it out on a calendar if you are unsure!

Early Spring Application – April 1-April 20, 2016Pre emergent crabgrass control + fertilizer

Spring Application – May 15-30, 2016Grub control + fertilizer

Summer Application – June 10-30, 2016Broad leaf weed control + fertilizer

Late Summer Application – August 15-30, 2016Broad leaf weed control + fertilizer

Fall Application – September 20-October 5, 2016Broad leaf weed control + fertilizer

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ABC Turf Company

123 John St.

Everywhere, NY 12345

123-456-7890

NYS DEC Bus Reg # 00000

Pesticide Applicator # C0000000

Application Address Billing Address

Joe Smith Joe Smith

345 Mary St. 123 Doe St.

Modena, NY 12540 New Paltz, NY 12561

Application site – front and back yards – 10,890 square feet (0.25 acre)

Early Spring Application – April 1-April 20, 2016

Pre emergent crabgrass control + fertilizer $200

Spring Application – May 15-30, 2016

Grub control + fertilizer $150

Summer Application – June 10-30, 2016

Broad leaf weed control + fertilizer $125

Late Summer Application – August 15-30, 2016

Broad leaf weed control + fertilizer $125

Fall Application – September 20-October 5, 2016

Broad leaf weed control + fertilizer $125

Total number of applications - 5

Total Cost for applications $725

The property owner or owner’s agent may request the specific date or dates of application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract.

All labels have been given to you and when a treatment is done, a notice of which products (from the list/packet) were used will be left in your front door.

Signature of Business Owner/Certified Applicator Signature of Homeowner or Property Owner

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Date Statement (Section 325.40(a)(1))

This statement has to be in each contract:

The property owner or owner’s agent may request the specific date or dates of application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract.

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ABC Turf Company

123 John St.

Everywhere, NY 12345

123-456-7890

NYS DEC Bus Reg # 00000

Pesticide Applicator # C0000000

Application Address Billing Address

Joe Smith Joe Smith

345 Mary St. 123 Doe St.

Modena, NY 12540 New Paltz, NY 12561

Application site – front and back yards – 10,890 square feet (0.25 acre)

Early Spring Application – April 1-April 20, 2016

Pre emergent crabgrass control + fertilizer $200

Spring Application – May 15-30, 2016

Grub control + fertilizer $150

Summer Application – June 10-30, 2016

Broad leaf weed control + fertilizer $125

Late Summer Application – August 15-30, 2016

Broad leaf weed control + fertilizer $125

Fall Application – September 20-October 5, 2016

Broad leaf weed control + fertilizer $125

Total number of applications - 5

Total Cost for applications $725

The property owner or owner’s agent may request the specific date or dates of application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract.

All labels have been given to you and when a treatment is done, a notice of which products (from the list/packet) were used will be left in your front door.

Signature of Business Owner/Certified Applicator Signature of Homeowner or Property Owner

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Signatures (Section 325.40(6))

All labels have been given to you and when a treatment is done, a notice of which products (from the list/packet) were used will be left in your front door.

Signature of Signature ofBusiness Owner or Certified Applicator Homeowner or Property Owner

All contracts must be signed by both!!

Only if full amount is paid ahead of time with a check is the homeowner not required to sign.

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RecordsHave to keep both daily use records and PRL records. Daily use records have more information than PRL records and should be compiled daily.

325.25(a) – All businesses…..shall keep true and accurate records…..showing: the kind and quantity of each pesticide used; dosage rates; methods of application; target organisms; and the use, date and place of application for each pesticide used.

Records must be kept for 36 months (from the date of application).

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Records cont.Address does not equal place of application

Target organism – what weed, insect, disease did you treat for- is it on the label?

Dosage Rate – how did you mix it?

Method of application – how did you apply it?

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Signs – which ones?

There are different types of flags and different requirements for different states.

If a pesticide (ie. herbicide, insecticide or fungicide) is put down, then a flag saying “Pesticide Application”, “Pesticide Treatment” or “Pesticide Applied” is needed.

If only a fertilizer is put down, do not use a “Pesticide Application” sign.

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NYS Approved Pesticide Application Sign

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Not NYS Approved Pesticide Signs

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Signs – how many?

Have to be in place before application starts.Better to have more signs than not enough.Minimum of 2 per property or location of application if just spraying the trees/shrubs in one area.

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Pesticide Product LabelsThe Label is The Law!

Pesticides are to be used according to label directions.Target PestPlace of ApplicationDosage RatePersonal Protective EquipmentWeather ConditionsStorage Requirements

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Pesticide Product Labels cont.It is a violation:• To use the product in a manner inconsistent with the label

directions.• To re-use a pesticide container for any purpose.• To place pesticides in any container that is not the original

manufacturer’s container (unless using a service container that is properly labeled).

• To improperly dispose of empty pesticide containers (including not rinsing if a concentrate).

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Pesticide Product Labels cont.You must have the label in your possession during an application.

If you are ‘attached’ to your vehicle, the label can be in the vehicle.

If you are away from your vehicle, the full label must be on your person.

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Prior NotificationMust supply label:

Article 33, Section 33-0905(5)(a) states: “Each applicator shall, prior to the application of a pesticide within or on the premises of a dwelling, supply the occupants therein with a copy of the information, including any warnings, contained on the label of the pesticide(s) being applied.”

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Personal Protective Equipment (PPE)

Signal word on the label indicates toxicity of pesticide: CAUTION, WARNING, DANGER.PPE required by label directions must be worn by the applicator when loading, mixing, applying and during clean-up.Employers must supply PPE to all employees who are handling pesticides.Employers must provide training on the proper use and maintenance of PPE (part of apprentice training).

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Pesticide Storage

Products must be stored in a safe, secure manner.Check product labeling for specific requirements, such as freeze protection and avoidance of high temperatures.Procedures for spill cleanup in place.Check your local ordinances and codes.

Sign – Danger

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Service ContainersAny container that is not: Manufacturer’s original container or on-site application equipment

Option #1:• Affix a copy of the product label to the container, along with

the maximum weight.Option #2:• Name & address of registrant, Brand name of product, EPA

Reg. #, Net weight of the contents.• If highly toxic, must also contain: skull & crossbones, the

word ‘poison’ in red, antidote for product.

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Stakeholder Meeting Took place on Friday, January 18.

Talked about proposed changes to the Part 320 series to comply with EPA’s Certification and Training Changes along with other proposed changes.

Fact sheets as well as the slide show are available on the DEC website.

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EPA Mandated ChangesIncorporate the federal Certification of Pesticide Applicators rule

Establish nationwide minimum age of 18 for all certified applicators and non certified applicators under their direct supervision.

Requires annual training for non certified applicators.Requires recordkeeping requirements for non certified

applicator training.Requires use of only materials approved by the State

certifying authority and provided and collected by the proctor at the certification examinations.

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Other Proposed ChangesStreamline Pesticide Certification CategoriesAdd Certification CategoriesUpdate Certification Eligibility Course RequirementsDevelop a Core Recertification Credit RequirementLimit Supervision of ApprenticesAllow Access to Apprentice RecordsUpdate Business Registration Requirements

Insurance, Technicians registering, Vehicle IdentificationUpdate Agency Registration RequirementsUpdate Commercial Permit Holder Requirements

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Other Proposed ChangesConsolidate Commercial Permit RequirementsRevise Termite RegulationsUpdate Pesticide Storage RequirementsDevelop Labeling Requirements for Alternative ContainersUpdate Container Disposal RequirementsUpdate Commercial Lawn Application Contracts and Visual Notification RequirementsUpdate Label Notification RequirementsRevise Direct Supervision RequirementsClarify Anti-Siphon Device

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Comments

Any comments should be sent to the following email:

pestregs@dec.ny.gov

Any questions on the process – 518-402-8748

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Upgrading to Fully Certified Commercial Pesticide Applicator

2 years as a technician; or1 year as a technician + 12 category specific recertification credits.

You must send a letter requesting upgrade (along with a sample of daily use records); it does not happen automatically.

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To take additional categories:1 year experience in that specific subcategory

Notarized letter from supervising applicator

12 category specific recertification credits

Technicians are only allowed one category. A person can get experience/credits towards additional category but cannot take the test to add until upgraded.

Exam Requirements

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All exams given at Region 3 Headquarters located at 21 South Putt Corners Rd, New Paltz.Must send in eligibility materials, exam fee and seat reservation form at least 2 weeks before exam date.Exams given on the 1st Wednesday of every month (except August and if a holiday). Sometimes given the 3rd Wednesday also.Get seat reservation form by calling office or online at our website – www.dec.ny.gov/nyspad/

Exams

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RecertificationAll commercial applicators must complete the recertification process every 3 years.Credits

25% must be category specific.Applicators use to keep their certificates and track their

own credits.All ‘new’ courses are recorded on individual’s page in

database since mid September 2014. We can check that for an individual in the office.

Technicians currently don’t need any credits.

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Certification FeesChanged in 2018 to make the same for all commercial applicators/technicians.

$450/3 years – all new or recertifying applicators/technicians.

$150/year – only if in the middle of your recertification cycle.

The 3 month reminder that gets sent to you will give you the correct amount.

If in lapsed mode, you might have to call to get correct amount.

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Please Remember:While your card is expired, you cannot legally apply pesticides as a commercial applicator/technician!!!

If you don’t have your card (in your possession) while applying, you cannot legally apply pesticides.

If expired, you become an apprentice and therefore apprentice training records are needed for any applicator or technician who isn’t current during an inspection.

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Business & Agency RegistrationRequired if you are providing the services of commercial application

Includes Municipalities & School Districts.Register every 3 years.Fee: $900

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No longer sending mass mailings but can sign up to get updates via email.

Periodic updates on Bureau’s activitiesNotice of workshopsRegulation updates

http://www.dec.ny.gov/chemical/298.html

DEC DELIVERS

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Thank You• Catherine Ahlers• Pesticide Control Specialist 2• catherine.ahlers@dec.ny.gov• 845-256-3097

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