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115-2020]
This chapter shall be known as the Pesticide Control Ordinance.
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115-2020]
ACT
The Pesticide Control Act of 1971 as amended (N.J.S.A. 13:1F-1
et seq.).
ACTIVE INGREDIENT
Any ingredient which will prevent, destroy, repel, control
or mitigate pests or which will act as a plant regulator, defoliant
or desiccant.
ADJACENT AND CONTIGUOUS
To border upon or touch; for the purpose of this chapter
this includes those properties across the intervening residential
street which would actually touch or border upon the property in question
if the street were not present.
AGRICULTURAL COMMODITY
Any plant or part thereof, or animal, or animal product,
produced by a person (including farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily for
sale, consumption, propagation, or other use by man or animal.
APPLICATION
Spraying, dusting, vaporizing or any outdoor airborne application
of a pesticide, by any person.
BRAND or BRAND NAME or TRADE NAME
The characteristic designation by words, symbols, name, number
or trademark of a specific particular pesticide or formation thereof
under which the pesticide is distributed, sold, offered for sale,
handled, stored, used or transported in the State of New Jersey.
COMMERCIAL PESTICIDE APPLICATOR
Any person who uses or supervises the use of any pesticide
for any purpose or on any property other than as provided by the definition
of "private pesticide applicator."
CUSTOMER
Any person(s) who hires a commercial pesticide applicator
business to perform pest control application on a property owned or
rented by him.
DEP
New Jersey Department of Environmental Protection.
EPA
The United States Environmental Protection Agency.
PERSON
Shall include corporations, companies, associations, societies,
firms, partnerships, and joint stock companies, as well as individuals,
and shall also include all political subdivisions of the state or
any agency or instrumentalities thereof.
PEST
Any insect, rodent, nematode, fungus, weed or any other form
of terrestrial or aquatic plant or animal life or virus, bacteria,
or the microorganism (except viruses, bacteria, or other microorganisms
on or in living man or other animal) which is injurious to health
or the environment.
PESTICIDE (also includes HERBICIDE)
Includes any substance or mixture of substances labeled,
designed or intended for use in preventing, destroying, repelling
or mitigating any pest or any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant or plant regulator,
provided that the term "pesticide" shall not include any substance
or mixture of substances which the EPA does not consider to be a pesticide
or herbicide.
PRIVATE PESTICIDE APPLICATOR
Any person who uses or supervises the use of any pesticide
for purposes of producing any agricultural commodity on property owned
or rented by him or his employer, or, if applied without compensation,
other than trading of personal services between producers of agricultural
commodities, on the property of another person.
RESTRICTED USE PESTICIDE
Any pesticide or pesticide use so classified under the provisions
of N.J.A.C. 7:30-1 et seq. or so classified by the Administrator of
the United States Environmental Protection Agency (EPA).
TARGET SITE
A specific location, including but not limited to any crop,
commodity, object, delineated field or area, or structure or part
thereof, that is intended to be treated by a pesticide so that any
pests therein or thereon are controlled. This term does not include
any similar site which was not part of the original agreement between
the contracting parties even if such site is included on the label
or labeling of the pesticide.
USE
Any act of handling or release of a pesticide or exposure
of man, property or the environment to a pesticide through acts which
include by are not limited to:
a. Applying a pesticide, including mixing, loading and any required
supervisory action in or near the area of application;
b. Handling, transporting or storing a pesticide or a pesticide container(s);
c. Disposal actions for a pesticide and/or containers or equipment associated
with the pesticide.
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a. No person shall engage in the activities of a commercial pesticide
applicator without having satisfied the applicable requirements established
by the DEP and having obtained a valid commercial pesticide applicator
registration issued by the department.
b. Each commercial pesticide applicator shall at all time have in his/her
possession the valid registration card and shall produce it upon request
by proper enforcement officers as well as the customer.
c. Each commercial pesticide applicator must keep records of each application
of pesticides in accordance with provisions of state regulations.
Such records shall be made available to proper enforcement officers
or to customers upon request.
d. No person shall make false or misleading claims through any media
relating to the effects of a pesticide, the degree of certification
required, or the application methods to be utilized.
e. No person shall falsify or produce fraudulent application records.
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115-2020]
No person shall store restricted use pesticides without first
meeting applicable provisions of state regulations.
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All persons having employees who use, apply, transport or otherwise
handle any pesticide shall make available to such employees any necessary
and appropriate safety equipment in good working order and shall train
such employees in the proper operation of such safety equipment.
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Businesses required to register pursuant to N.J.A.C. 7:30-7.1
et seq. shall maintain financial responsibility at all times while
such registration is in effect. The financial responsibility shall
meet or exceed the standards set forth in N.J.A.C. 7:30-7.1 et seq.
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The commercial pesticide applicator shall deliver notice, at
least seven days prior to the proposed application date, to the Township
Clerk as well as residents of the property adjacent and contiguous
to the customer's property, such notice to contain the following
information:
a. A general statement of the purpose of the notification and procedures
to follow to obtain additional information;
b. The proposed application date(s);
c. location of the application;
d. The name, address and registration number of the applicator business
or the responsible applicator associated with the application;
e. The pesticide(s) to be used (brand name and common chemical names,
if available, of the active ingredients);
f. The name, address and phone number of the applicator who may be contacted
and is responsible for supplying updated information on the proposed
pesticide applications to those persons requesting it;
g. Any precautionary statement(s) on the product's Federal registered
label;
h. telephone number of the National Pesticide Telecommunication Network
for general pesticide information;
i. The telephone number of the New Jersey Poison Information and Education
System for emergency use;
j. The telephone number for the DEP Pesticide Control Program for regulation
information.
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Failure to comply with the provisions of this ordinance may
result in fines up to $500 and/or a thirty-day jail sentence.
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Nothing herein shall be deemed or construed to apply in any
regard to the application of any pesticide as defined herein which
is available to the consumer market and for which use or application,
no license or certification is required by any federal or state agency.