1.4 New York State Pesticide Control Legislation

1.4.1 Restricted Pesticides

In accordance with New York State law, pesticides that are highly toxic or that are persistent and accumulative are placed on a restricted-use list and may be sold to and used only by certified applicators.

 

“Restricted-use pesticide” or “restricted pesticide” means any pesticide: listed in Section 326.2 of Part 326 of the NYSDEC regulations, that meets the criteria of Environmental Conservation Law Section 33-0101(42), or whose labeling bears the statement “Restricted-Use Pesticide.”

 

The NYSDEC uses the following criteria and designations (A through H) to classify those pesticides restricted for use, sale, purchase, or distribution in New York State as noted within Part 326.2:

 

A: May be distributed, sold, purchased, possessed, and used only upon issuance of a commercial or purchase permit for any uses listed on the approved label as registered with the NYSDEC.

 

B: May be distributed, sold, purchased, possessed, or used only upon issuance of a commercial permit or purchase permit for those purposes listed in “Part 326 – Registration and Classification of Pesticides,” a publication of the NYSDEC.

 

C: The commissioner of the NYSDEC may place any conditions on the registration of any product that are deemed necessary to prevent damage to health, property and wildlife. Classification as ‘restricted-use’ may be necessary. See Part 326.23 (e).

 

E: Federally restricted pesticides per EPA.

 

G: Any product whose label limits use to commercial pesticide applicators only may be distributed, sold, purchased, possessed, and used only upon issuance of a commercial permit or certification identification card. Label statements that limit use to commercial pesticide appli-cators include but are not limited to the following: (1) only for sale to and use and storage by commercial pest control operators and (2) to be applied only by or under the direct supervision of commercial applicators responsible for insect control program.

 

H: Any pesticide labeled for direct application to or in surface waters may be distributed, offered for sale, sold, purchased, possessed, or used only by the holder of a valid commercial permit, certification identification card, or purchase permit.

 

The NYS DEC may also determine that a pesticide can not be used in a county where it poses an unacceptable risk. For example, prohibiting the use of certain pesticides on Long Island. Pesticides with this restriction will have a label statement indicating which counties the pesticide may not be used in.

 

Restricted-use pesticides mentioned in this publication are preceded by an asterisk (*). Pesticide products mentioned that cannot be used on Long Island, New York (Nassau and Suffolk Counties) are preceded by a dagger (†).