N.Y. Comp. Codes R. & Regs. tit. 6 § 325.23

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325.23 - Business and agency registration

(a) Each agency that applies pesticide and each business offering, advertising or providing the services of commercial application of pesticides, either entirely or as part of the business, must register annually with the department on forms supplied by the department. Agency, as defined in section 33 of the ECL, means any State agency; municipal corporation; public authority; college, as that term is defined in the Education Law; railroad, as that term is defined in the Railroad Law; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation as those terms are defined in the State Transportation Corporations Law, which applies pesticides.

(b) An annual fee in the amount specified in article 33 of the Environmental Conservation Law must be paid to the department at the time of registration, except that any agency which is a State agency, municipal corporation, public authority, or college shall be exempt from any fee for registration pursuant to section 33-0911 of the ECL.

(c) Business firms required to register with the department under subdivision (a) of this section that have more than one place of business within the State must register and pay the annual registration fee for each such place of business. Individuals conducting business under more than one name must register and pay the annual registration fee for each such name at each place of business. A business firm using a telephone answering service as an extension of the business in a location where the business does not otherwise maintain an office but where messages are collected and given directly to employees of the registered business who will service these accounts must pay a registration fee for each location where such messages are collected. Answering services directing messages to registered places of business are not required to register with the department.

(d) Registration shall be valid for a period of one year unless suspended, revoked, or otherwise modified by the commissioner.

(e) The commissioner may deny an application for a business registration or may suspend, revoke or otherwise modify such registration once issued for reasons, including but not limited to the following:

(1) that any statement in the application or upon which the registration was issued, is or was false or misleading;

(2) that the applicant or registered business has been convicted of a felony;

(3) that a present employee of the applicant or registered business, or a former employee in the course of such employment, applied or used any pesticide contrary to the registered label usage; or as modified or expanded and approved by the department;

(4) that the applicant or registered business has been found to have engaged in fraudulent business practices in the application of pesticides;

(5) that the applicant or registered business, or any present employee or former employee in the course of such employment, has failed to comply with any provision of article 33, or title 3 of article 15 of the Environmental Conservation Law, or rules and regulations of the department made pursuant thereto;

(6) that the applicant or registered business has failed to employ individuals who have demonstrated that they have sufficient knowledge and experience concerning the proper use and application of pesticides gained either through certification or through company training and on-the-job training after employment;

(7) that the applicant or registered business has falsified any records or reports or has failed to maintain such records or reports required by this Part or any applicable statute; or

(8) that the applicant or registered business, or any present employee or former employee in the course of such employment, has been convicted of a criminal violation under section 14(b) of FIFRA, as amended, or has been made subject to a final order imposing a civil penalty under section 14(a) of FIFRA, as amended.

(f) Any applicant or registered business or any present or former employee of such business cited by the commissioner for a violation of paragraphs (e)(1)- (8) of this section shall be given the opportunity of a hearing, upon at least 20 days advance notice, prior to any such proposed denial, suspension, revocation or material modification.

(g) Business firms shall carry a minimum of $300,000 individual and $1,000,000 per incident bodily injury insurance and $300,000 property damage insurance, or a surety bond of comparable value, issued by a company licensed to do business in the State of New York and in a form acceptable to the department, as proof of financial responsibility.

(h) No business or agency providing the services of commercial application of pesticides shall engage in the commercial use of pesticides unless the business has at least one employee who is a certified commercial pesticide applicator or technician, certified in the proper category in which the business intends to engage at each location required to be registered. A registered business using pesticides in category 7 - industrial, institutional, or structural; category 5 - aquatics; category 1 - agriculture; or businesses applying pesticides by aircraft must employ at least one certified commercial pesticide applicator, certified in these categories.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.23