N.J. Admin. Code § 7:30-5.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:30-5.6 - Right of entry or collection of samples

(a) In order to determine compliance with the requirements of the Act or rules promulgated thereunder, the Department may, at reasonable hours, enter any building or place except private residences pursuant to (c) below, for the purpose of investigating an actual or suspected violation relating to pesticides, ascertaining compliance or non-compliance with any rules, regulations or orders of the Department. The Department may conduct an inspection or sampling, and may procure samples for analysis or examination from any premises, lot, package or parcel of pesticide or substance suspected to contain a pesticide. If the owner, operator or agent in charge of the place to be inspected is present, officers or employees of the Department shall notify him or her of their intent to inspect or sample and inform him or her of the reason therefore. Having been so notified, no person shall prevent officers or employees of the Department from conducting such inspection or sampling.

(b) Notification pursuant to (a) above may also consist of a "Notice Of Attempt To Contact" delivered by hand to an employee, an owner, operator or agent in charge, or sent by certified mail, receipt acknowledged.

1. When such "Notice" has been sent by certified mail, an owner, operator or agent in charge of the place to be inspected shall have one week after the date of delivery to contact the Department, Pesticide Control Program and arrange for the inspection or sampling.

(c) Those portions of a private residence used for business purposes shall be accessible for inspection and sampling. These portions include, but are not limited to, the office and recordkeeping areas, storage areas, mixing/loading sites, and vehicle parking areas.

(d) Compliance with N.J.A.C. 7:30-5.6 shall be a condition of licensing for any out-of-State licensee.

N.J. Admin. Code § 7:30-5.6

New Rule, R.2001 d.427, effective 11/19/2001.
See: 33 N.J.R. 474(a), 33 N.J.R. 3956(b).
Former N.J.A.C. 7:30-5.6, Records, recodified to N.J.A.C. 7:30-5.5.
Amended by R.2008 d.126, effective 5/19/2008.
See: 39 N.J.R. 5010(a), 40 N.J.R. 2451(b).
In the introductory paragraph of (b), deleted "/Inspect/Investigate" following "Contact" and deleted "Form DEQ-081" preceding "delivered".