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This entry was published on 2022-06-24
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SECTION 33-1205
Recordkeeping and reporting
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 12
§ 33-1205. Recordkeeping and reporting.

1. All commercial applicators shall maintain pesticide use records for
each pesticide application containing the following:

a. EPA registration number;

b. product name;

c. quantity of each pesticide used;

d. date applied;

e. location of application by address (including five-digit zip code).

Such records shall be maintained for a period of not less than three
years. All commercial applicators shall file, at least annually, a
report or reports containing such information with the department in an
electronic format developed or accepted by the department consistent
with system file specifications or on scannable forms, if developed by
the department, on or before February first for the prior calendar year.
All commercial applicators shall also maintain corresponding records of
the dosage rates, methods of application and target organisms for each
pesticide application. These records shall be maintained on an annual
basis and retained for a period of not less than three years and shall
be available for inspection upon request by the department.

2. a. Every person who sells or offers for sale restricted use
pesticides to private applicators shall issue a record to the private
applicator of each sale of a restricted use pesticide or a general use
pesticide used in agricultural crop production to such applicator. Such
record of each sale shall include the following:

1. EPA registration number;

2. product name of the pesticide purchased;

3. quantity of the pesticide purchased;

4. date purchased;

5. location of intended application by address (including five-digit
zip code) or if address is unavailable by town or city (including
five-digit zip code) if the location of intended application differs
from the billing address that appears on the record.

Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report or reports
containing such information with the department in an electronic format
developed or accepted by the department consistent with system file
specifications or on scannable forms, if developed by the department, on
or before February first for the prior calendar year. The department
shall not use the reports filed pursuant to this paragraph for
enforcement purposes.

b. All private applicators shall maintain, at a minimum, records of
the restricted pesticides purchased, crop treated by such, method of
application, and date of application or applications. This information
shall be maintained on an annual basis and retained for a minimum of
three years, and shall be available for inspection upon request by the
department.

c. A private applicator shall, upon request, within six months,
provide site-specific information relating to pesticide applications to
any researcher entitled to receive information pursuant to paragraph (d)
of subdivision one of section twenty-four hundred eleven of the public
health law, provided, however, such request shall not be granted during
planting and harvesting unless at a time and in a manner that is
mutually convenient.