Due to this increased activity, with county and NJDEP agents inspecting and fining companies for pesticide violations, we have compiled NJDEP Pesticide Compliance information for all pest control technicians working in New Jersey.

How do I stay compliant with the NJDEP Rules and Regulations? 

This is an outline of how to comply with regulations but is not a detailed explanation.   To be safe, we recommend that you visit the NJDEP's website for the complete regulations guide.  https://www.nj.gov/dep/enforcement/pcp/pcp-regs.htm

Who Needs to be Certified?

• Anyone applying any pesticides. The  only exception is if you are working directly under the supervision of someone who is.

Commercial Pesticide Applicator must:

• Be licensed in Core and a Category. 
• Complete a Basic Training Course
• Perform 40 hours of on-the-job training prior to taking Pesticide Applicator exam.
• Or take an approved Category Course
• Or submit an affidavit stating 1 year’s work experience.

Maintaining Applicator License

• Accrue 16 continuing education credits over a five-year period in all the categories they are licensed in to maintain their license.
• Accrue 8 Core continuing education credits in a five-year period to maintain their license.
• 30 minutes classroom time = 1 CEU

Commercial Pesticide Operator must:

• Proof of attendance Basic Pesticide Training Course.
• Complete 40 hours of on-the-job training
• Training must be documented by the trainer.
• Submit invoice and payment for Operators license.
• Submit invoice and payment for Operators license.
• Can only apply pesticide products to the primary licensed applicators categories.

Record Keeping:

• All commercial pesticide operators, applicators, and applicator businesses are required to maintain records of all pesticide applications performed by themselves or persons under their direct supervision. 
• These records must be maintained for a period of three years, or five years if the use of a termiticide is required. 
• These records must be kept at the business owner’s office and readily available upon inspection by the NJDEP Pest Control Program. There is no specific order in which these records should be maintained but the must include the following
• Date of application
• Place of application
• Name of product used. This must be a brand name, trade name or Code # that corresponds to a listing of pesticides complete brand or trade name. For example, pre, Pre-M is not acceptable. It would have to be Pre-M 3.3 EC, Pre-M .10% 19-3-7, etc.
• Amount of pesticide used: This does not mean the total amount of concentrate; it should say the total amount of mixed material used. One can record this by showing the total area treated and the rate of the application. For example, a 3,000 sq./ft. lawn is treated at a rate of 1 lb/1000 sq./ft., which means 3 lbs of pesticide product, was used at the site.
• Dosage or rate f pesticide used: This is where you put the concentrate such as .5% or 1%
• Name of person making the application.
• Site of application
• Pesticide product names and EPA registration numbers: One could have a separate list with all names and EPA numbers, a book with each label and MSDS sheet which has the EPA number on it. There must be some record of the product and EPA number visible.

Storage Requirements:

• A listing of all present pesticides stored or possible pesticides that might be stored throughout the year.
• This listing must be sent annually to the local Fire Company, along with a description of the actual location of the storage area.
• All containers must have a legible EPA registered label attached.
• If a service container is used, (not the original container), the brand or trade name, EPA number, name and percentage of active ingredient, and a warning label must be on the service container.
• Pesticides can not be stored in food type containers such as milk cartons, etc.
• Certain pesticides should not be stored near seed of fertilizers such as Pre-M. These containers should not be stored near such products.
• Locked enclosure for pesticides when unattended.
• Warning sign indicating that pesticides are being stored in that area.
• The storage area must be a separate ventilated room from living quarters, i.e. (garage), and work areas, i.e. (offices).
• Ventilation must be sufficient, so fumes do not interfere with living or working areas.

Notification, prior to performing a pesticide application at a residence, a few steps must be taken. Information provided in writing with:

• Pesticide to be used.
• Label instructions, including precautions.
• Proposed dates – best estimates of application date.
• Provide specific date if customer requests.
• Other notification procedures might include notification of neighbors, depending on what the local town rules entail.
• An appropriate warning sign (flag) must be posted and left for at least 72 hours and be removed by the homeowner no sooner than 72 hours after the application. 
• Posting Flags must be installed prior to starting application.
• At School, Parks, HOA’s and large commercial properties positing flags should be placed at all principal access points.

Service Vehicles carrying pesticides.

• Identified as containing pesticides. This simply be the word pesticide with the business registration number in at least three-inch-high letters on both side of the vehicle.
• Vehicles must have absorbent material, shovel and broom.
• Fire extinguisher.
• Pesticides stored in a separate compartment: All pesticides must be separated from the driver, (bed for a pick-up, partition for a van, anything that will limit the pesticide containers from reaching the driver).
• These containers must be securely locked when unattended. This includes all pesticide containers as well as handheld sprayers, etc. This is to be done due to unauthorized individuals obtaining the pesticides. 
• Tanks equipped with cover to avoid spillage while vehicle is in motion.
• Spray tanks must have an anti-backflow device to avoid water pollution.
• All containers properly labeled.
• Containers smaller than 5 gallons must be securely stored.
• 5-gallon containers or larger must be braced to vehicle to prevent spillage due to movement.
• Glass containers securely stored: Glass containers must be securely padded to avoid breakage.

Spill Reporting:

• Inside a structure 1 gallon of liquid or any mixture containing 1# or more of active
• Outside a structure any pesticide containing more than 1# of active
• If spills with pesticides occur, they must be reported 877-WARN DEP and in writing, within 10 days of the spill.

Miscellaneous:

• All businesses should be registered with the state, as well as all applicators in the business. A list should be posted in office of applicators showing name, category, and license number.
• Each business name and physical location must be licensed separately.
• All locations must employ a Cert Pest App
• General liability insurance.

Pesticide Business Inspection  What are they looking for?

1.     License check – all applicators and operators licensed?

2.     Business license check – is business properly licensed & up to date?

• Must have a Pesticide Business License

3.     Pesticide Application records:

• Up to date? Must keep 3 years of records
• All information on records: Place of application, Application date, Pesticide applied, EPA Reg. # of pesticide, Mix ratio (concentrate/diluent), Mix applied, Application site, Applicator name and license #
• Fire dept. letter sent by May 1 if you have a storage area. Must show a copy of the one that was sent.
• Training records for Operators/Applicators proving 40 hrs. of on the job training.
• Copies of labels for all products typically used by the business.

4.     Must have a regulated storage area for pesticides if needed:

• Proper ventilation
• Locked enclosure
• Spill kit
• Fire extinguisher

5.     Must provide Consumer Notification:

• To all customers
• Anyone else who requests it.
• Must show a copy at time of an inspection.

6.     Service Vehicle – Must follow regulations for a service vehicle:

• Identified as containing pesticides
• Container(s) < 5 gals. secured
• Glass Container(s) securely stored
• Container(s) > 5 gals. secured to the vehicle
• Absorbent material and shovel.
• Fire extinguisher supplied.
• 10-B:C dry chemical or CO₂
• Pesticide in separate compartment.
• Containers secured to prevent unauthorized removal.
• Tank equipped with cover
• Business reg. no. posted 3 inches on both sides of vehicle.
• Containers properly labeled
• Equipped with anti-backflow device if needed
• Service vehicle regulations above also apply to a roadside stop and also include a pesticide license check.

7.     Landscapers Take Note:   The county agents are also looking for what’s on the above list and your NJ ProFact Licenses.

Below are the most common violations given:

• Unlicensed Pesticide Applicators
• Applying pesticides without a license
• Unlicensed pesticide applicator business
• Unlicensed applicators with pesticides on service vehicles
• Other service vehicle violations
• Records
• No pesticide application records kept
• Insufficient or incomplete records
• Consumer Information Notification
• Insufficient CIN given out
• NO CIN given out
• No fire department letter

Source: NJDEP/NJLCA