N.J. Admin. Code § 7:30-12.3

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

Section 7:30-12.3 - Entry restrictions associated with pesticide applications

(a) During the application of any pesticide for outdoor production, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler involved in the application, to enter or to remain in the treated area or in an application exclusion zone that is within the boundaries of the establishment until the application is complete. The application exclusion zone is:

1. The area that extends 100 feet horizontally from the application equipment in all directions during application, when the pesticide is applied by any of the following methods:

i. Aerially;

ii. Air blast application;

iii. As a spray using a spray quality (droplet spectrum) of smaller than medium (volume median diameter of less than 294 microns); or

iv. As a fumigant, smoke, mist, or fog;

2. The area that extends 25 feet horizontally from the application equipment in all directions during application when the pesticide is applied by a method other than in (a)1 above and is sprayed from a height of greater than 12 inches from the planting medium using a spray quality (droplet spectrum) of medium or larger (volume median diameter of 294 microns or greater); and

3. There is no application exclusion zone when the pesticide is applied in a manner other than as described in (a)1 and 2 above.

(b) The following apply to pesticide application in an area of enclosed space production:

1. When a pesticide application of the type described in column A of Table 1 of this subsection takes place in an area of enclosed space production, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or remain in the area specified in column B of Table 1 until the time specified in column C of Table 1 has expired.

2. After the time specified in column C of Table 1 under this subsection has expired, until the expiration of any restricted-entry interval, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area as specified in column D of Table 1 under this subsection, except as provided for in section N.J.A.C. 7:30-12.2.

3. When column C of Table 1 of this subsection specifies that ventilation criteria shall be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the pesticide labeling requires to be achieved. If no inhalation exposure level is listed on the pesticide labeling, ventilation shall continue until after one of the following conditions is met:

i. Ten air exchanges are completed;

ii. Two hours of ventilation using fans or other mechanical ventilating systems;

iii. Four hours of ventilation using vents, windows or other passive ventilation;

iv. Eleven hours with no ventilation followed by one hour of mechanical ventilation;

v. Eleven hours of ventilation followed by two hours of passive ventilation; or

vi. Twenty four hours with no ventilation.

4. The following Table 1 applies to (b)1, 2, and 3 above.

TABLE 1 Entry Restrictions During Pesticide Application in an Area of Enclosed Space Production

A. When a Pesticide is Applied:	B. Workers and Persons, Other than Appropriately Trained and Equipped Handlers, are Prohibited in:	C. Until:	D. After the Expiration of Time in Column C Until the Restricted-Entry Interval Expires, the Restricted-Entry Area Is:
1. As a fumigant	Entire area of enclosed space production plus any adjacent structure or area that cannot be sealed off from the treatment area	The ventilation criteria of (b)3 above are met	No post-application entry restrictions after criteria in column C are met
2. As a:	Entire enclosed space	The ventilation criteria of (b)3 above are met	Treated area
i. Smoke;
ii. Mist;
iii. Fog; or
iv. As a spray quality (droplet spectrum) of smaller than medium (volume median diameter of less than 294 microns)
3. Not as in 1 or 2 above, and for which a respiratory protection device is required for application by the pesticide labeling	Entire enclosed space	The ventilation criteria of (b)3 above are met	Treated area
4. Not as in 1, 2, or 3 above and:	Treated area plus 25 feet in all directions in the treated area, but not outside the area of enclosed space production	Application is complete	Treated area
i. From a height of greater than 12 inches from the planting medium; or
ii. As a spray using a spray quality (droplet spectrum) of medium or larger (volume median diameter of 294 microns or greater)
5. Otherwise	Treated area	Application is complete	Treated area

N.J. Admin. Code § 7:30-12.3

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