N.J. Admin. Code § 7:30-5.3

Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:30-5.3 - Licensing
(a) When the commercial pesticide operator has satisfied the training requirements pursuant to N.J.A.C. 7:30-5.2(a) and is eligible for the commercial pesticide operator's license, the commercial pesticide operator shall file with the Department, on forms provided by the Department, a license application. The application shall be co-signed by a certified and licensed responsible pesticide applicator and shall indicate that the co-signer shall be the responsible pesticide applicator for pesticide applications performed by the commercial pesticide operator. A license fee of $ 30.00 shall be included as an integral part of the commercial pesticide operator license application.
1. The commercial pesticide operator shall have 30 days after the post mark date of the license application in which to operate before he or she must be licensed.
2. License application forms may be obtained by contacting the Pesticide Control Program, PO Box 411, Trenton, NJ08625-0411.
(b) The license shall expire on October 31 of each license year.
(c) Applications for new licenses will be accepted from commercial pesticide operators throughout the calendar year but a full term's license fee will be required. All such licenses will expire on October 31 following the date of application, except that the Department may issue a license for an additional year when an application is initially filed during the last three months of the license year.
(d) The license shall cease to be valid if the holder thereof or the co-signer of the application on which it was based terminates the supervisory relationship as defined in this chapter by the term "under direct supervision."
1. Any commercial pesticide operator whose license has become void pursuant to this subsection shall be allowed to apply pesticides in accordance with his or her current license for a period of 30 calendar days from the date of cessation of the supervisory relationship of the co-signer if the commercial pesticide operator is applying pesticides under the direct supervision of a certified and licensed responsible pesticide applicator.
i. Any commercial pesticide operator whose license has become void as a result of a change in his or her responsible pesticide applicator, but who has continued to work for the same employer, shall obtain a signed statement from the new responsible pesticide applicator that the commercial pesticide operator is now applying pesticides under the direct supervision of the new pesticide applicator. This statement shall be sent to the Department, Pesticide Control Program.
ii. In the circumstance where a responsible pesticide applicator is temporarily unavailable if and when needed, such as when sick or on vacation, etc., the commercial pesticide operator shall be allowed to apply pesticides in accordance with hsi current license for a period of 30 days only if the commercial pesticide operator is applying pesticides under the direct supervision of another certified and licensed pesticide applicator, working for the same employer. This is allowable, even if the supervising applicator is not employed at the same physical location as the commercial pesticide operator.
2. Any commercial pesticide operator, whose license has become void due to a change in employer, shall apply for a new commercial pesticide operator's license.
i. The Department shall require an additional 40 hours of "on the job" training pursuant to N.J.A.C. 7:30-5.2(a)2.
ii. The Department approved commercial pesticide operator training course shall not have to be retaken.
(e) The license of a commercial pesticide operator is not transferable.
(f) The commercial pesticide operator shall notify the Department, Pesticide Control Program, in writing and within 30 days, of any changes in the information contained on the license application.
(g) The co-signer of the application for the commercial pesticide operator license shall notify the Department, Pesticide Control Program, in writing and within 30 days, of any changes in the information contained on the commercial pesticide operator license application if such notification has not already been given to the Department by the commercial pesticide operator.
(h) The commercial pesticide operator shall maintain his or her license on his or her person whenever pesticides are transported or a pesticide application is performed.
(i) No person shall be eligible for licensing as a commercial pesticide operator until reaching 18 years of age.

N.J. Admin. Code § 7:30-5.3

Amended by R.1985 d.557, effective 11/4/1985.
See: 17 N.J.R. 242(b), 17 N.J.R. 2609(b).
Substantially amended. (i) added.
Amended by R.1988 d.538, effective 11/21/1988.
See: 20 N.J.R. 579(a), 20 N.J.R. 2865(a).
Added commercial pesticide operator; raised annual registration fee from $ 5.00 to $ 10.00.
Amended by R.1990 d.426, effective 8/20/1990.
See: 22 N.J.R. 1314(a), 22 N.J.R. 2571(a).
Registration fee increased from $ 10.00 to $ 30.00 at (a).
Recodified from N.J.A.C. 7:30-5.4 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. 7:30-5.3, Training, recodified to N.J.A.C. 7:30-5.2.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In (f), deleted "or if the commercial pesticide operator is no longer engaged in the application of pesticides" from the end.