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This entry was published on 2014-09-22
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SECTION 33-0901
Commercial permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 9
§ 33-0901. Commercial permits.

1. A commercial permit is required for the distribution, sale, offer
for sale, purchase for the purpose of re-sale or possession for the
purpose of re-sale of a restricted use pesticide.

2. Any person desiring such a permit shall file an application
containing such information required by the commissioner and in a form
prescribed by the commissioner. The commissioner shall examine the
application and shall issue or refuse to issue the permit requested
therein. The commissioner shall impose whatever restrictions or
conditions on the permit he deems appropriate in order to fully protect
the public interest. Such a permit shall not be valid for more than two
years as determined by the commissioner. A separate permit is required
for each location in the state, and a fee for each location in the state
of six hundred dollars is required.

3. Upon the sale by a commercial permit holder of a restricted use
pesticide to a purchase permit holder, the commercial permit holder
shall cancel the permit in a manner to be prescribed by the

4. The holder of a commercial permit may purchase restricted use
pesticides for re-sale without being required to obtain and present a
purchase permit, as provided for in section 33-0903.

5. The holder of a commercial permit must maintain and make available
to the commissioner or his agents, for at least two years, accurate and
detailed records accounting for all restricted use pesticides acquired
by him and disposed of by him, including, but not limited to dates,
names and addresses of all suppliers and the quantities acquired from
each, and the names, addresses, permit numbers or certification
identification card numbers of all purchasers, and the quantities
purchased by each.

6. The reasons for the denial of an application or revocation of a
commercial permit may include, but not be limited to, the commissioner
being satisfied of one or more of the following:

a. That any statement in the application or upon which the permit was
issued is or was false or misleading;

b. That the applicant or permit holder does not have adequate
facilities for the storage and distribution of restricted use

c. That the applicant or permit holder has engaged in fraudulent
business practices relating to the sale and distribution of pesticides;

d. That the applicant or permit holder has failed to comply with any
provision of subdivisions 1 through 5 inclusive of section 33-0303 and
titles 5, 7, 11, 13 and 15 of this article or rules and regulations of
the department made pursuant thereto; or

e. That the applicant or permit holder has failed to demonstrate that
he has sufficient knowledge and experience concerning the proper use and
application of pesticides.

7. A formal hearing shall not be required and the commissioner's
decision in denying or revoking a permit shall be final unless the
applicant or permit holder institutes a review within the time and in
the manner prescribed by article 78 of the Civil Practice Law and Rules.