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This entry was published on 2014-09-22
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SECTION 33-0903
Purchase permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 9
§ 33-0903. Purchase permits.

1. A purchase permit or certification identification card is required
for the purchase, possession or use 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 not issue a permit to so purchase,
possess or use a particular pesticide if there is a reasonably less
dangerous alternative available capable of performing the task required.
The commissioner shall impose whatever restrictions or conditions on the
permit he deems appropriate in order to fully protect the public
interest.

3. Upon the purchase by a purchase permit holder of a restricted use
pesticide he shall present his purchase permit and have it cancelled by
the commercial permit holder selling the pesticide in a manner to be
prescribed by the commissioner.

4. The reasons for the denial of an application or revocation of a
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 failed to justify his need for
the quantity and types of restricted use pesticides requested;

c. That the applicant or permit holder stored, applied, used or
disposed of any pesticide contrary to the registered labeled usage or
contrary to the conditions specified in his permit;

d. That the applicant or permit holder has failed to comply with any
provisions 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,
application and disposal of pesticides.

5. 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.

6. The commissioner is authorized to exempt holders of a pesticide
applicator certification from the requirement of obtaining a purchase
permit as provided for herein. Such exemption shall apply only to those
restricted use pesticides designated by the commissioner.