N.J. Admin. Code § 7:30-2.3

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

Section 7:30-2.3 - Experimental use permits

(a) The holder of a Federally issued experimental use permit shall:

1. Submit to the Department, Pesticide Control Program a copy of the EPA stamped, accepted and finished printed experimental use permit label;

2. Submit to the Department, Pesticide Control Program a copy of the EPA letter which authorizes and approves the experimental use permit and which defines the parameters of the experimental use permit;

3. Submit to the Department, Pesticide Control Program, a copy of the experimental use program protocol which outlines the use of the experimental pesticide in New Jersey;

4. Submit to the Department, Pesticide Control Program, a copy of the Material Safety Data Sheet (MSDS) which is created by the holder of the Federally-issued experimental use permit for the experimental pesticide;

5. Submit to the Department, Pesticide Control Program, the name, address and exact location of the field(s) being treated, and acreage of the site(s) in New Jersey where the experimental pesticide will be used;

6. Submit to the Department, Pesticide Control Program, the name(s) and address(es) and telephone number(s) of any person(s) who will be applying the experimental use pesticide in New Jersey;

7. Submit to the Department, Pesticide Control Program, the name(s), address(es) and telephone number(s) of any person(s) whose property in New Jersey will be used for the experimental use program; and

8. Submit to the Department, Pesticide Control Program, upon request a copy of the reports required under Federal regulations.

(b) Provided that the State is authorized by the Administrator of EPA to issue experimental use permits and subject to the terms and conditions of such authorization, the department may:

1. Determine the condition(s) and situation(s) under which an experimental use permit would be necessary;

2. Issue an experimental use permit to any person applying for an experimental use permit if the Department determines that the applicant needs such permit and that the pesticide use under the proposed terms and conditions would not cause a significant risk of injury or damage;

3. Prescribe terms, conditions, and the period of time for the experimental use permit;

4. Revoke or modify any experimental use permit at any time, if the Department finds that the terms and conditions of the permit are being violated or if the Department finds that the terms and conditions of the permit are inadequate to avoid a significant risk of injury or damage.

(c) Any person who intends to test or use a substance to determine its potential for pesticidal activity under conditions which do not require an experimental use permit from the US EPA shall notify the Department, Pesticide Control Program of the name and address of the person testing the substance and the location(s) where the substance will be tested.

N.J. Admin. Code § 7:30-2.3

Amended by R.1988 d.538, effective 11/21/1988.
See: 20 New Jersey Register 579(a), 20 New Jersey Register 2865(a).
Substantially amended (a)3.-6.
Recodified from N.J.A.C. 7:30-1.5 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 New Jersey Register 474(a), 33 New Jersey Register 3956(b).
Rewrote (a); in (c), deleted "the State or" following "permit from", inserted "US" preceding "EPA" and inserted ", Pesticide Control Program" following "Department". Former N.J.A.C. 7:30-2.3, Restricted use pesticides, recodified to N.J.A.C. 7:30-2.10.