N.J. Admin. Code § 7:30-9.11

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

Section 7:30-9.11 - Notification to beekeepers

(a) No person shall make an outdoor application of a pesticide product that has information on its label or labeling noting that the product is toxic to bees, unless such person first notifies, at least 24 hours prior to the date of application, each beekeeper who:

1. Desires notification;

2. Owns, operates, or maintains a beeyard or beehive inhabited by honeybees or native bees located within three miles of the target site; and

3. Has been registered with the Department by March 1 of the calendar year in which the applications subject to the notification requirements of this section will occur.

(b) The notification shall include the following information:

1. The intended date of the application;

2. The approximate time of the application;

3. The brand name and active ingredient of the pesticide to be applied;

4. The location of the land on which the application is to be made; and

5. The name and certified pesticide applicator license number of the responsible pesticide applicator.

(c) Notification may be made to the beekeeper by telephone; in person; by regular or certified mail with sufficient lead time to arrive the day prior to the application; by facsimile (fax) or email. If no application is made on the intended date, then the individual shall be notified again according to (h) below.

(d) The Department may alter the interval of time needed for notification if any person can demonstrate to the satisfaction of the Department that an emergency situation has occurred and an immediate application is required to control a sudden and unexpected pest infestation, but time does not reasonably allow the giving of an advance 24-hour notice; provided, however, that notice of emergency applications shall be given to the beekeeper as soon as reasonably possible before or after the application.

(e) If the beekeeper does not choose to move, cover, or otherwise protect the beeyard or beehive inhabited by honeybees or native bees, the application may be made without delay; provided that such application complies with the pesticide labeling and any provisions of the Act or any rules and regulations promulgated thereunder.

(f) The provisions of this section shall not apply to any person using a pesticide on an aggregate area less than three acres; provided that the application is not made with hydraulic spraying equipment capable of operating at a rate greater than 300 psi and 10 gpm, airblast sprayers, or aerial equipment.

(g) Any person required to notify beekeepers pursuant to the provisions of (a) above shall not be responsible for notifying any beekeeper who cannot be notified because:

1. The Department failed to provide information deemed necessary by the Department for such notification, provided that the person required to notify the beekeeper requested the information from the Department at least two weeks prior to the application date; or

2. The person required to notify the beekeeper was unable to contact the beekeeper, provided that one telephone contact is attempted between the hours of 9:00 A.M. and 10:00 P.M. on the last day before the 24-hour notification limit.

(h) If the application date is changed so that the application will not occur on the intended date specified in the original notification of application but will be conducted during the next consecutive day, notification shall be given to the individual beekeeper as soon as reasonably possible but not later than 10:00 P.M. the night prior to the new application date.

(i) The provisions of this section shall not apply to any pesticide application that is made for agricultural purposes, except to the following crops within the dates stated below or when in the flowering stage:

1.	Apples	April 15 to May 15
2.	Pears	April 15 to May 15
3.	Strawberries	April 15 to May 15
4.	Peaches	April 15 to May 15
5.	Blueberries	April 15 to May 15
6.	Cranberries	June 15 to August 15
7.	Holly	June 1 to June 30
8.	Vine Crops (Cucurbits)	June 1 to August 31
9.	Sweet Corn	Flowering Stage
10.	Cover crop or weeds	Flowering Stage

(j) No person shall apply a community or area wide application of a pesticide product that has information on its label or labeling noting that the product is toxic to bees, on forest or shade tree hardwood tree species within one mile of a commercial blueberry field during the period April 15 through May 31 unless:

1. The applicator has received written permission to perform the application from all blueberry growers located within the one mile distance of the target site; and

2. Such written permission shall indicate that the application may be performed.

(k) No person shall apply any microencapsulated formulation, known to be toxic to bees, either in the crop or in the ground cover below or abutting the crop, while the crop or the ground cover is in bloom.

(l) The applicator or applicator business is exempt from the provisions of (a) above if the beekeeper signs a waiver that states that notification is declined:

1. Such waiver shall be worded as follows: "I have been told that I have the right to receive notification information as outlined in N.J.A.C. 7:30-9.11(a)1. I decline to receive the information until such time as I withdraw this waiver by notifying the applicator or applicator business in writing." Signed .....................................................................

2. The waiver may be withdrawn by the beekeeper at any time by notifying the applicator or applicator business, in writing.

3. Waivers shall be kept by the applicator or applicator business on file for at least three years.

4. Waivers shall be provided to the Department immediately upon request.

5. Waivers do not relieve the applicator or applicator business from responsibility to transmit appropriate warnings or precautions to the beekeeper, pursuant to N.J.A.C. 7:30-10.2.

N.J. Admin. Code § 7:30-9.11

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