N.J. Admin. Code § 7:30-2.7

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:30-2.7 - General requirements

(a) No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State:

1. Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration;

2. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container--and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read--a label bearing the following information:

i. The name and address of the producer, registrant or person for whom produced; and

ii. The brand or trade name under which the pesticide is distributed; and

iii. An ingredient statement on that part of the immediate container--and on the outside container or wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read--which is presented or displayed under customary conditions of purchase; provided, that the ingredient statement may appear prominently on some part of the container, as permitted by the provisions of FIFRA, if the size or form of the container makes it impracticable to place the ingredient statement on the part which is presented or displayed under customary conditions of purchase; and

iv. Directions for use and a warning or caution statement which are necessary and which, if complied with, would be adequate for the protection of health and protection against injury to plants, animals and the environment; and

v. The net weight or measure of the contents; and

vi. The EPA establishment number assigned to each establishment in which it was produced and the EPA registration number, and supplemental registration number, if applicable, assigned to the pesticide, if required by regulations under FIFRA;

vii. A statement of the use classification, if any, under which the product is Federally registered; and

viii. A statement of the use clarification under which the product is registered; and

ix. Any other information required by Federal regulations or the Act or any rules and regulations promulgated thereunder.

3. Any pesticide which has not been colored or discolored pursuant to the provisions of FIFRA, the Act or rules and regulations promulgated thereunder;

4. Any pesticide which is adulterated or misbranded;

5. Any pesticide in containers which have become unsafe;

(b) The provisions of (a) above shall not apply to:

1. Any carrier while lawfully engaged in transporting a pesticide within this State, if such carrier shall, immediately upon request, permit the Department to copy all records which shall indicate the transactions in and movement of the pesticide;

2. Public officials of this State and Federal government while engaged in the performance of their official duties in administering State or Federal pesticide laws or rules and regulations or while engaged in pesticide research;

3. The manufacturer or distributor of a pesticide for experimental use only by or under the supervision of this State or of the Federal government; provided, that such manufacturer or distributor holds a valid experimental use permit as provided for by 7:30-2.3 or by the US EPA;

4. Any pesticide which is intended solely for export to a foreign country, and is prepared or packed according to the specifications or directions of the purchaser; provided, that all provisions of this subchapter shall apply if the pesticide is not exported.

(c) The Department may authorize the distribution, sale or use of any pesticide upon request by the Commissioner of the Department of Health and Senior Services or the Secretary of the Department of Agriculture, and when the Department of Environmental Protection determines that such action will serve the interest of the public health, safety, or welfare.

(d) No person shall detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in the Act or rules and regulations promulgated thereunder.

(e) No person shall add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of the Act or the rules and regulations promulgated thereunder.

(f) No person shall use for his or her own advantage or reveal, other than to the Commissioner or proper officials or employees of the State or Federal executive agencies, or to the courts of the State in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of 7:30-2.1, 2.2 or 2.3 or any information judged by the Department as containing or relating to trade secrets or commercial or financial information obtained by authority of the Act or rules and regulations promulgated thereunder.

(g) No person shall refuse, upon a request in writing specifying the nature or kind of pesticide to which such request relates, to furnish or to permit any person designated by the Commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of the Act or rules and regulations promulgated thereunder.

(h) No person shall hold, use, distribute, sell, or offer for sale or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide if part or all of its registered pesticide label or labeling is missing, obscured, altered, unreadable or otherwise damaged beyond use or recognition.

(i) No person shall handle, store, display, distribute or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide in a manner that may endanger man or his environment or that may contaminate food, feed, or any other product that may be transported, handled, stored, displayed, or distributed with such pesticide.

(j) No person shall make false or misleading claims through any media relating to the effects of a pesticide, the degree of certification required, or the application methods to be utilized.

(k) No person shall hold, use, distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State or between points within this State through any point outside this State any pesticide or pesticide container, unless he or she complies with the requirements of 40 CFR Parts 9, 156 and 165 (otherwise known as the Federal Container and Containment regulations).

(l) Notwithstanding the responsibility of any other person or the exemption from the provisions of any other section of this subchapter, each employer shall be held responsible for any violation of the act committed by his or her employee in the scope of his or her employment. This responsibility shall be joint and several.

N.J. Admin. Code § 7:30-2.7

Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
(a)2vi: substituted "establishment" for "registration" and added text "and supplemental registration number, if applicable,"
Recodified from N.J.A.C. 7:30-1.9 and amended by R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
In (b)1, substituted "which shall indicate" for "showing"; in (b)3, amended the N.J.A.C. reference and inserted "US" preceding "EPA"; in (c), deleted "the Commissioner of" preceding "the Department of Environmental"; in (f), neutralized gender references and amended the N.J.A.C. reference; rewrote (h) and (i).
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
Added (k) and (l).