Best practices for nuisance wildlife control operators in New York State

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Ch 3: Section three: Other pertinent state laws

State pesticide laws and regulations

Regulatory agency: DEC

Applicable to: pesticide use (the handling, use, storage, transportation, sale, and disposal of pesticides)

Commercial pesticide certification required: for the use of restricted-use pesticides or for the commercial application of pesticides. The commercial pesticide certification is broken down into 28 categories and subcategories, each requiring its own certification.

Read the laws and regulations:
online suggested—http://www.dec.state.ny.us/website/dshm/pesticid/pesticid.htm

(The DEC site includes links to the many laws and regulations related to pesticides, such as the pesticide control regulations [6 NYCRR parts 320–329], the relevant parts of the ECL [Article 33, parts of Articles 15 and 71], the pesticide reporting law and neighbor notification law).

Before we discussed the aspects of FIFRA, the federal pesticide law, that are managed by the US EPA. Now we'll discuss the DEC's role.

New York State law adds a few new wrinkles to the use of pesticides. Remember that according to FIFRA, anyone in the nation who wants to apply a restricted use pesticide must either be a certified applicator? Well, New York State regulations require that anyone who wants to apply ANY pesticide on someone else's property must have commercial pesticide certification. That might mean you.

Repeat: if you want to use pesticides in your NWCO business, you will need a state commercial pesticide certification. Some NWCOs also seek this certification, especially if they expect to handle many rodent jobs or want the option of applying repellents or fumigating burrows.

The DEC's Bureau of Pesticide Management is in charge of this certification. You'll have to go through a separate training and take a different test. (Reinforce your bookcase, because there's another big manual involved). There are continuing education requirements, too. Contact the DEC or the Pesticide Management Education Program at Cornell University for more information.

There are a few crucial points to keep in mind concerning FIFRA and the state pesticide regulations:

1. In New York State, the minute you step onto someone else's property, the laws for the commercial application of pesticides come into play.
    
2. UNLESS you also have a commercial pesticide certification (and a pesticide business registration) you cannot apply any pesticides on someone else's property. No deer or snake repellents. No mothballs, No bird repellents. No poisonous mouse bait. No product that has an EPA number on its label. Got it?
    
3. You can advise landowners about using repellents or other general use pesticides as part of their control strategy, but you cannot provide the service unless you also have a commercial pesticide certification. (They can use these products themselves.)
    
4. ALWAYS read and follow the pesticide label instructions. The label is the law. Any use not list on the label is prohibited.

But what if you're hired to exclude bats from an attic, and there's a huge wasp's nest under the eave so close to the bat's entry hole that you're afraid you'll be stung while you're up on the ladder installing the checkvalve, and might fall? If nesting stinging insects present an immediate danger while you're trying to do your job, you may apply a general use pesticide such as a wasp or hornet spray for your personal protection. This is considered an "emergency non-routine application," not a commercial pesticide application.

You can't spray to protect your customers, even if they ask you to take care of it while you're up there. Best advice is : don't go out of your way looking for stinging insects for a customer; and if you do spray to protect yourself, don't charge for it.

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