State Laws And Regulations

Each state has pesticide laws governing pesticide sale, use, disposal, storage and transportation. State pesticide laws may be more restrictive than federal laws, but they may not allow sale or use of pesticides that are not allowed by federal law. The state laws may control certification and recertification of private and commercial applicators, provide additional restrictions on pesticides registered for use in the state, regulate businesses providing pesticide application services and dealers selling restricted use pesticides. In addition to complying with federal laws and regulations, persons using pesticides must also comply with state laws that govern pesticides.

New York State Pesticide Regulations

General Requirements

The New York State Department of Environmental Conservation (DEC) is the agency responsible for administration and enforcement of the State pesticide laws. Article 33 of the Environmental Conservation Law provides the general framework for the distribution, sale, use and transportation of pesticides in New York. In addition, Title 3 of Article 15 requires a permit for aquatic pesticide use in certain circumstances. Title 29 of Article 71 provides the enforcement provisions for Article 33.

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New York State pesticide regulations are found in Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Parts 320-329. Part 325 contains regulations on the application of pesticides, including commercial and private pesticide applicator certification requirements and pesticide business registration. Part 326 contains pesticide product restrictions and commercial permit requirements. More information about New York State pesticide regulations can be found on the DEC website at:

Bureau of Pesticides Management

This chapter summarizes the New York State pesticide regulations. It is not meant to be a substitute for reading and understanding the regulations themselves.

Pesticide Registration

Pesticides must be registered by the DEC before they can be offered for sale, sold, distributed, used, or transported in the State. Pesticides are registered for a 2-year period, after which the registration must be renewed. If the registration is cancelled or is not renewed, the pesticide may no longer be offered for sale, sold, distributed, or used in New York. You can get a list of pesticides that are currently registered for sale and use in New York State from your county Cornell Cooperative Extension office or on the DEC website at:

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Pesticide Restrictions

Many pesticides can be sold by any business and can be used by the general public on their own property. These are called general-use pesticides. Restricted-use pesticides, however, present enough risk to our health and/or the environment that a person must be properly trained to sell, distribute, or use them.

Either the U.S. Environmental Protection Agency (EPA) or the DEC may classify a pesticide as restricted use. Some pesticides that the EPA considers to be general use are classified as restricted use in New York State by the DEC. Such pesticide restrictions are listed in the publication "Part 326: Registration and Classification of Pesticides."

Anyone who uses any type of pesticide must do so according to the directions and other information contained on the product label and in any supplemental labeling that might accompany the product.

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Sale of Restricted-Use Pesticides

Any person or business wanting to sell restricted-use pesticides must obtain a commercial permit from the DEC. A commercial permit holder may sell or distribute restricted use pesticides only to another commercial permit holder, a purchase permit holder, or a certified pesticide applicator. To obtain a permit, the person or business must employ a certified commercial pesticide applicator.

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Certification Requirements

Depending on the type of pesticide application and/or the pesticide involved, you may need to be a certified pesticide applicator to buy, sell, use, or supervise the use of pesticides.

To obtain certification, you must first meet the certification eligibility requirements set forth in 6 NYCRR Sections 325.8 to 325.10.

In addition, you must demonstrate to the DEC that you have a practical knowledge of the principles and practices of pest control, and the safe use and handling of pesticides. This is determined on the basis of two separate written exams: a core exam, which covers the general concepts of the safe use of pesticides covered in this training manual, and a category or subcategory exam, which must be specific to the pesticide use you plan to practice. You must take a separate category or subcategory exam for each specific pest control area in which you wish to work.

Residential Applications. A residential pesticide application is the application of general-use pesticides by ground equipment on property personally owned or leased by the applicator. This does not include any establishment that sells or processes food or any residential structure other than the specific dwelling unit in which the applicator resides. You do not need to be certified to make a residential application.

Private Applications. A private pesticide application is the application of any pesticide for the purpose of producing an agricultural commodity:

On the property owned or rented by the applicator or the applicator's employer, or
If applied without compensation (e.g., money) other than the barter of personal services between producers of agricultural commodities, on property owned or rented by a party to such a transaction.

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A certified private pesticide applicator can buy, use, or supervise the use of a restricted-use pesticide for a private application. An uncertified applicator can use a restricted-use pesticide for a private application only under the direct supervision of a certified private applicator.

Commercial Applications. A commercial pesticide application is any pesticide application that is not defined as private or residential. The DEC regulations, Part 325, establish a three-tiered classification for individuals involved in commercial pesticide applications. A person who makes a commercial application must fall within one of these three tiers regardless of what type of pesticide they use. Allowed uses include only those covered by the category or subcategory certification(s) held by the person using or supervising the use of a pesticide.

A certified commercial pesticide applicator may:

Buy, use, or supervise the use of any pesticide for a commercial application;
Train other individuals who will make commercial applications; and
Distribute, sell, or supervise the sale of restricted-use pesticides if the applicator holds a commercial permit or is employed or contracted by someone who does.

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A certified commercial pesticide technician may:

Use general use pesticides without direct supervision; and
Use a restricted use pesticide under the direct supervision of a certified commercial pesticide applicator.

Certified commercial pesticide technicians cannot supervise apprentices or other technicians. Certified commercial pesticide technicians may become certified commercial pesticide applicators by meeting the eligibility criteria set forth in Section 325.8.

A commercial pesticide apprentice is any person engaged in the commercial application of pesticides who is not a certified commercial pesticide applicator or a certified commercial pesticide technician. A commercial pesticide apprentice can use most pesticides under the direct supervision of a certified commercial pesticide applicator. An apprentice can become a certified applicator or technician by meeting the eligibility criteria in Section 325.8 or 325.9, respectively.

Recertification (Section 325.21)

Applicator certification is valid for 3 years. All certified applicators must recertify every three years based on the criteria set forth in the statute.

Direct Supervision of Pesticide Applications (Section 325.6 and 325.7)

"Direct supervision” is the act or process in which a person applies pesticides under the instruction, control, and authorization of a fully certified pesticide applicator. The idea behind direct supervision is to make sure that the person being supervised understands the principles and practices for the safe and proper use of pesticides.

There are three levels of direct supervision based on the environmental and health risks associated with the type of pesticide application:

Off-site direct supervision is when the certified pesticide applicator has contact with the person being supervised or can make contact within 30 minutes;
On-site direct supervision is when the certified pesticide applicator must be physically present at the application site and in voice contact with the person being supervised; and
Direct observation is when the certified pesticide applicator must directly observe the person making the pesticide application.

On-site direct supervision is generally required when:

A person working under a certified private pesticide applicator applies federally restricted-use pesticides.
An apprentice applies federally restricted-use pesticides, aquatic pesticides to any surface waters of the State, pesticides with a label requiring on-site direct supervision, or pesticides within or on the premises of a licensed day care facility, elementary and secondary school and a hospital.
A technician applies termiticides, fumigants, pesticides with a label requiring on-site supervision, or aquatic pesticides to any surface waters of the State. Technicians may not supervise apprentices.

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Requirements For The Use Of Pesticides (Section 325.2)

You must use pesticides in such a manner and under such conditions that will prevent contamination of people, pets, fish, wildlife, crops, property, structures, lands, pasturage, or waters adjacent to the area of use.

A certified applicator, certified technician, or apprentice must have in their custody a copy of the label for each pesticide being used and make it available for inspection upon request of the DEC.

In addition, all certified applicators and technicians must have a valid certification identification card on their person when applying or selling pesticides.

Pesticide Business/Agency Registration (Section 325.23)

A pesticide business is any person or business that offers commercial pesticide application services for hire. Pesticide businesses must register with the DEC. To register a pesticide business, the business must:

Employ one or more certified commercial pesticide applicators or technicians, certified in the category/subcategory in which the business offers services. However, a certified commercial pesticide applicator is required if the business offers services in any of the following categories: Industrial, Institutional, or Structural; Aquatics; Agriculture; or Aerial.
Meet minimum general liability insurance requirements set by the State for individual and per incident bodily injury and property damage, or hold a surety bond of comparable value, issued by a insurance company licensed to do business in the State of New York.
Pay a registration fee.

A pesticide agency includes any state agency; municipal corporation; public authority; college (as defined in the education law); railroad (as 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 transportation corporations law) that applies pesticides. Agencies must also register with the DEC and are subject to the requirements listed above for registering a business except that state or local government agencies are exempt from fee requirements.

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Environmental Regulations

Disposal of Pesticides and Pesticide Containers. Pesticides must be disposed of in accordance with the laws and rules and regulations of New York State

The DEC's Hazardous Waste Regulations (Part 370-376) may apply to the disposal of waste pesticides that are listed or are characteristic of hazardous wastes as defined in the regulations. The DEC's Solid Waste Regulations (Part 360) apply to the disposal of waste pesticides and containers that are not regulated as hazardous waste.

You are responsible for the proper disposal of any pesticide waste you generate, including any products in your possession which have been banned or have had their registration discontinued.

Empty plastic or metal pesticide containers must be triple-rinsed (or the equivalent) or emptied according to label directions. Such containers may then be disposed of in a sanitary landfill. Returnable containers should be tightly closed to prevent leakage, have clean exteriors, and be returned to the supplier. The regulations also require commercial applicators to dispose of empty paper or cardboard containers in a sanitary landfill; farmers (private applicators) may burn such containers on their own property, where allowed by State and local law.

Backflow Prevention. When you add water from any water of the state to equipment that contains pesticides, you must use a backflow prevention device (BPD) installed between the water source and the equipment. A BPD prevents pesticide-contaminated water from being siphoned back into the water source. Only two types of BPD’s, approved by the New York State Department of Health, are acceptable in New York. They are reduced pressure zone devices and air gap devices. Further information on backflow prevention devices is available from the DEC.

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Prior Notification of Pesticide Applications

According to Section 33-0905(5) of the Environmental Conservation Law (ECL), before making a pesticide application within or on the premises of a structure, each certified applicator must provide a copy of the label, for each pesticide product to be applied, directly to the occupants if:

The structure is a one- or two-family dwelling or
The occupant of a multiple-dwelling unit retains your services to apply pesticides within that unit.In all other cases, provide the label(s) to the owner/agent of the structure.

In all other cases, provide the label(s) to the owner/agent of the structure.

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Notification of Lawn Applications

Title 10 of Article 33 of the ECL contains special requirements for commercial and residential lawn applications of pesticides. A commercial lawn application is an application of pesticides to ground, trees, or shrubs on public or private outdoor property except:

Applications for the purpose of producing an agricultural commodity;
Residential applications;
Applications around or near the foundation of a building for the purpose of indoor pest control
Applications by or on behalf of agencies, except that agencies are subject to visual notification requirements (discussed below) where the application is within 100 feet of a dwelling, multiple dwelling, public building or public park; and
Applications on golf courses or turf farms.

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Written Contractstrong . Prior to any commercial lawn application, a written contract must be entered into between the applicator and the property owner or their agent.

The contract must specify:
The dates the application(s) will occur;
The number of applications;
What pesticide(s) will be applied;
Any warning statements on the label(s) pertinent to protecting people, pets, and the environment;
Business and certified pesticide applicator information; and
Total cost.

If the application cannot be made on the date or dates specified oral or written notice of the proposed alternate date or dates must be provided to the person contracting for the service. The contracting party must agree to the alternate date or dates.

Visual Notification Markers. Applicators who provide commercial lawn applications, or who are performing applications within 100 feet of a dwelling, multiple dwelling, public building or public park on behalf of an agency, are required to place visual notification markers within or along the perimeter of the area where the pesticides will be applied. The markers are to be clearly visible to persons immediately outside of the perimeter of the property.

The markers are to be posted at least 12 inches above the ground and are to be at least 4 inches by 5 inches. The markers must instruct persons not to enter the property and not to remove the markers for at least 24 hours. The lettering must be boldly printed in letters at least 3/8th of an inch in height.

Neighbor Notification (Section 325.41). The Neighbor Notification Law added Sections 33-1004 and 33-1005 to the Environmental Conservation Law. These sections add requirements for commercial and residential lawn applications and for retailers who sell general use lawn pesticides. The Neighbor Notification Law and the accompanying regulations, Part 325 Section 41, are only in effect in a county, or in New York City, that has adopted a local law to "opt into" the law in its entirety as written in the Environmental Conservation Law. Contact the DEC to determine if the county you work in has adopted the Neighbor Notification Law.

In addition, the Neighbor Notification Law amended the Education Law and the Social Services Law to require prior notification of all pesticide applications at schools and daycare facilities, respectively. Contact the owners/operators of these facilities for their notification procedures. These portions of the law are in effect in every county of the State.

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The Pesticide Reporting Law (PRL) and Daily Use Records (ECL 33.1205)

The information collected from these reports is made available to qualified health researchers to study possible relationships between pesticide exposure and certain illnesses. The report forms are available from the DEC and specify the types of information that must be reported. Annual Reports must be sent to DEC by February 1 of each year, even if the applicator made no applications.

All businesses and agencies that are required to register with the DEC, as well as commercial applicators who do not work for a registered business or agency, shall also keep daily use records for each pesticide application. These records shall be maintained on an annual basis, kept on file for at least three years, and made available for inspection upon request by the DEC.

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Private applicators need to maintain, at a minimum, a record of each purchase and use of restricted-use pesticides. They need to maintain such records on an annual basis, keep them on file for at least three years, and make them available for inspection upon request by the DEC.>

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