NEW
HAMPSHIRE DEPARTMENT OF AGRICULTURE, MARKETS & FOOD
Division
of Pesticide Control
CHAPTER Pes 100 ORGANIZATION RULES
Statutory
Definitions: RSA 430:31
PART Pes 101 DEFINITIONS
Pes
101.01 "Abutter" means any
person who owns shoreline within 200 feet of the treatment area of the surface
waters.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.02 "Agricultural
commodity" means any plant, or part thereof, or animal or animal product,
produced by a person, including farmers, ranchers, vineyardists,
plant propagators, Christmas tree growers, agriculturalists, floriculturists,
orchardists, foresters, or other comparable persons, primarily for sale,
consumption, propagation, or other use by man or animals.
Source. #741, eff 1-18-76; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.03 "Board" means the
pesticide control board as established by RSA 430:28-49.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.04 "Chemical liability"
means that the insurance coverage required under Pes 301.03 pertains to the
handling and use of pesticides.
Source. #4309, eff 9-1-87; ss by #4867, eff 7-19-90;
ss by #6239, eff 5-2-96
Pes
101.05 "Chemigation" means the
application of a chemical through an irrigation system by injecting or
introducing the chemical into the water flowing through the system.
Source. #5734, eff 11-5-93; ss and moved by #6239, eff 5-2-96 (formerly Pes 101.045)
Pes
101.06 "Commercial applicator not
for hire" means those commercial applicators who apply pesticides to their
own premises, that of their immediate employers or when performing duties
required of
them by a governmental subdivision, and
any other commercial applicator other than a "commercial applicator for
hire", including but not limited to golf course personnel, state, federal
and municipal employees.
Source. #1058.1, eff 11-22-77; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.05)
Pes
101.07 "Common chemical name" means
a well-known, simple name of a pesticide accepted by the pesticide regulation
division of the Environmental Protection Agency or those adopted by the
American National Standards Institute (ANSI).
Source. #4867, eff 7-19-90; ss by #4867, eff 7-19-90;
ss and moved by #6239, eff 5-2-96
(from Pes 101.06)
Pes
101.08 "Crew" means:
(a) One or more men working with one piece of
mechanically powered equipment that has a capacity exceeding 3 gallons of liquid
or 25 pounds of dry material; and
(b) Those men working within speaking distance of
one another and each applying pesticides by hand or each operating a piece of
mechanically powered equipment that has a capacity of not more than 3 gallons
of liquid or 25 pounds of dry material.
Source. #150, eff 1-9-74, amd
by #1410.2, eff 8-1-79; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss
by #4867, eff 7-19-90; ss and moved by #6239,
eff 5-2-96 (from Pes 101.07)
Pes
101.09 "Device" means any
instrument or contrivance, other than a firearm, which is intended for
trapping, destroying, repelling, or mitigating any pest or any other form of
plant or animal life, other than man and other than bacteria, virus, or other
micro-organism on or in living man or other living animals. The term does not include equipment used for
the application of pesticides when sold separately therefrom.
Source. #2002, eff 4-l9-82; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.08)
Pes
101.10 "Disposal" means
discarding, open burning, or incineration of excess of unusable pesticide
materials and discarding of pesticide containers, or the sale or transfer of
ownership of pesticide containers for use other than to contain pesticides.
Source. #150, eff l-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.09)
Pes 101.11 "Division" means the division of
pesticide control as established within the department of agriculture.
Source. #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.10)
Pes
101.12 "Drift" means the
airborne movement of pesticides resulting from a pesticide application such as
to carry pesticides beyond the target pest area.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.11)
Pes
101.13 "Food handling area"
means those areas where food is prepared, stored or handled for human and
animal consumption.
Source. #1301, eff 1-10-79; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.12)
Pes
101.14 "Janitor" means person or
persons, classified as commercial applicator not for hire, including but not
limited to custodians, maintenance personnel and building maintenance
supervisors, designated by their immediate employer as being responsible for
maintaining the condition of the building and the property immediately adjacent
to those buildings. Such definition does
not include golf course superintendents, parks and recreation personnel or
others not primarily engaged in building maintenance.
Source. #1301, eff 1-10-79; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.13)
Pes
101.15 "Label" or
"labeling" means:
(a) The written, printed, or graphic matter on,
or attached to, the pesticide, or the immediate container thereon;
(b) The outside container or wrapper of the
retail package, if there is one, of the pesticide; and
(c) Written printed or graphic matter which is
incorporated into the label by reference.
Source. #6047, eff 6-3-95; ss and moved by #6239, eff 5-2-96 (formerly Pes 101.131)
Pes 101.16 "Legally constituted authorities" mean
those whose responsibility is to recommend uses of pesticides to users of such
materials. Such definition includes the
appropriate personnel of the
Source. #1410.3, eff 8-1-79; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4812, eff 5-3-90; ss by #4867, eff
7-19-90; ss and moved by #6239, eff
5-2-96 (from Pes 101.14)
Pes
101.17 "License" means:
(a) A document issued to operational and
supervisor commercial applicators as evidence that they have completed
requirements for registration in one or more categories of certification; and
(b) A document issued to a person who has
completed the requirements to be a pesticide dealer.
Source. #4812, eff 5-3-90; ss and moved by #6239, eff 5-2-96 (formerly Pes 101.145)
Pes
101.18 "Mechanically-powered
equipment" means any device that distributes pesticides through means
other than by hand power.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by 4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.15)
Pes
101.19 "On-highway vehicle"
means any motor vehicle of 4 wheels or more, duly licensed or registered with
any motor vehicle division to travel over the public roads and highways of the
state.
Source. #591, eff 11-20-74; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4866, eff 7-19-90; ss by #4867, eff
7-19-90; ss and moved by #6239, eff 5-2-96
(from Pes 101.16)
Pes
101.20 "Operational registration
certificates" mean certificates issued to persons who apply pesticides
commercially or who are present and in direct command of such persons.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.17)
Pes
101.21 "Pesticide" means:
(a) Any chemical or biological agent used to
control a pest including but not limited to the following materials:
(1) Acaricides or miticides;
(2) Insecticides;
(3) Nematocides;
(4) Herbicides;
(5) Desiccants;
(6) Defoliants;
(7) Fungicides;
(8) Molluscides;
(9) Repellents;
(10) Algaecides;
(11) Rodenticides;
(12) Disinfectants; and
(13) Fumigants; and
(b) Any substance or mixture of substances intended
for preventing, destroying, repelling or mitigating any insects, rodents,
fungi, weeds or other forms of plant or animal life or viruses which the board
declares to be a pest, except viruses on or in living man or other animals, and
any substances or mixture of substances intended for use as a plant regulator,
defoliant or desiccant.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4812, eff 5-3-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.18)
Pes
101.22 "Pesticide dealer"
means any person representing himself or a single firm, corporation, dealership
or other entity, who is engaged in the business of distributing, selling,
offering for sale or holding for sale, in New Hampshire, any pesticide which
has been designated by the New Hampshire pesticide control board to be
"prohibited-limited use" or "restricted."
Source. #4812, eff 5-3-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.19)
Pes 101.23 "Private applicator" means an
individual who uses or supervises the use of any pesticides, whether classified
general use or state restricted use, for purposes of producing any agricultural
commodity on property owned or rented by him or his employer, or if applied
without compensation other than trading of personal service between producers
of agricultural commodities, on the property of another person.
Source. #692, eff 9-8-75; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.20)
Pes
101.24 "Products/completed
operations coverage" means that the insurance coverage required under Pes
301.03 includes liability coverage for injury and damage:
(a) Arising out of the use of products by the
insured, and
(b) Arising out of operations but when the bodily
injury or property damage occurs after such operations have been completed or abandoned
and occurs away from premises owned by or rented to the named insured.
Source. #4309, eff 9-1-87; ss by #4867, eff 7-19-90;
ss and moved by #6239, eff 5-2-96
(from Pes 101.21)
Pes
101.25 "Property immediately
adjacent to buildings" means flower gardens, driveways and all such areas,
other than surface waters and turf or lawn areas, the primary purpose of which
is to enhance the aesthetic value of the business's buildings.
Source. #1301, eff 1-10-79; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4866, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.22)
Pes
101.26 "Public health
emergency" means a state of emergency declared by the commissioner when a
pest borne organism has the potential for a serious impact on human health if
not controlled in a timely fashion.
Source.
#1410.4, eff 1-10-79; amd by #2202, eff 12-6-82; ss
by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss
by #6239, eff 5-2-96; ss by #7544, eff
8-9-01 (formerly Pes 101.251)
Pes
101.27 "Recommendations" means
written advice of legally constituted authorities as to the use of pesticides
within the scope of Section 2(ee) of the Federal
Insecticide, Fungicide and Rodenticide Act, amended (1978-PL95-396) which might
appear in the most current form of extension bulletins or publications,
research data, crop guides or other media.
Source. #2666, eff 4-3-84; ss by #2781, eff 7-26-84;
ss by #4867, eff 7-19-90; ss by #6239,
eff 5-2-96
Pes
101.28 "Reference line" means
"reference line" as defined in RSA 483-B:4, namely:
(a) For natural fresh water bodies without
artificial impoundments, the natural mean high water level as determined by the
department of environmental services, or in the absence of determination by the
department of environmental services, the high water mark;
(b) For artificially impounded fresh water bodies
with established flowage rights, the limit of the flowage rights, and for water
bodies without established flowage rights, the waterline at full pond as
determined by the elevation of the spillway crest;
(c) For coastal waters, the highest observable
tide line, which means a line defining the furthest landward limit of tidal
flow, not including storm events, which can be recognized by indicators such as
the presence of a strand line of flotsam and debris, the landward margin of
salt tolerant vegetation, or a physical barrier that blocks further flow of the
tide; and
(d) For rivers, the ordinary high water mark.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96; ss by #7544, eff 8-9-01
Pes
101.29 "Residential area"
means areas which include the following:
(a) Occupied residential buildings in close proximity
to one another.
(b) Areas designated as "residential"
use by the town's zoning board which would include the following uses:
(1) One family dwellings as single lots;
(2) Rooming houses;
(3) Open space residential development, but
occupied buildings only;
(4) Duplexes;
(5) Attached dwellings;
(6) Multi-family homes; and
(7) Mobile homes.
(c) Those areas similar to those areas listed in
(b) above, in situations where towns have no zoning ordinances.
Source. #4185, eff 12-9-86; rpld
by #4812, eff 5-3-90; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.30 "Residue" means the pesticide
remaining in the environment or on a crop at the time of harvesting.
Source. #1547, eff 3-13-80; ss by #2209, eff
12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.31 "Right-of-Way" means
any path, roadway, airport, or thoroughfare on which public passage may be made
and any corridor of land over or upon which facilities such as railroads,
pipelines, powerlines, electric distribution lines, conduit, and channel or
communication lines are located.
Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes 101.32 "Service container" means any
container, other than original containers bearing legible labeling and
containing the original material, utilized to hold, store or transport a
pesticide concentrate or a pesticide use-dilution preparation. The term does
not include pesticide application equipment.
Source. #692, eff 9-8-75; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.33 "Special permit" means
a document issued by the division approving the use of pesticides in restricted
areas as specified in Pes 500, 600, and 1000, including but not limited to pesticide
application for mosquito control, aquatic nuisance control, aerial application,
bird control, forest pest control, right-of-way pest control.
Source. #150, eff l-9-74; ss by #2209, eff 12-13-82; ss
by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.34 "State restricted use
pesticide" means any pesticide or pesticide use classified for restricted
use by the
Source. #1547, eff 3-13-80; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.35 "Supervisory registration
certificates" means certificates issued to persons engaged in the
commercial application of pesticides who are responsible for deciding whether
or not pesticides are to be employed, how they are to be used, and the methods
of application and precautions to be taken in the use of such pesticides.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
101.36 “Supervisory Registration
Certificate - General Use” means a certificate issued to a commercial
applicator for hire, as defined in RSA 430:29 VII, engaged in commercial
application of general-use pesticides, as defined in RSA 430:29 XIII-a, under
Category C1, F8, G1, G2, B, or F2, as specified under Pes 302.01, where F2 is limited
to the use of minimum risk pesticides as defined by Pes 301.03 and said person
is responsible for deciding whether or not pesticides are to be employed, how
they are to be used, and the methods of application and precautions to be taken
in the use of such pesticides. This
definition does not apply to persons engaged in the commercial application of
other than general-use pesticides.
Source. #9923,
eff 5-10-11; ss by #11035-A, eff
2-11-16; ss by #12755, eff 4-10-19
Pes 101.37 "Surface waters" mean streams,
brooks, creeks, rivers, lakes, ponds, wetlands and tidal waters within the
jurisdiction of the state, including all streams, lakes or ponds bordering on
the state, marshes, watercourses and other bodies of water, natural or
artificial.
Source. #150, eff l-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96; renumbered by #9923 (from Pes 102.36)
Pes
101.38 "Surface waters or their tributaries
used for public water supply" means those lakes, ponds, rivers, streams,
or other open waters designated and delimited by the department of
environmental services as sources of public water supply.
Source. #7544, eff 8-9-01 (from Pes 101.35),
originally #6239, eff 5-2-96;
renumbered by #9923 (from Pes 102.37)
Pes
101.39 "Watershed of public water
supply" means that area which contributes surface water runoff either
directly to a surface source of a public water supply or to the reservoir,
lake, pond, river, stream, ditch, watercourse, or intermittent rivulet or other
open waters that at any time flow directly or ultimately into designated
sources of public water supply.
Source. #7544, eff 8-9-01 (from Pes 101.36),
originally #6239, eff 5-2-96;
renumbered by #9923 (from Pes 102.38)
PART Pes 102 DESCRIPTION OF THE PESTICIDE CONTROL BOARD
Pes
102.01 Composition of the Board.
(a) By nature of its definition in RSA 430:29,
the pesticide control board is an instrument which coordinates state agencies
and appointed representatives of the general public, whose combined pesticide
knowledge contributes to make the board an effective regulatory and advisory
body.
(b) The board shall consist of 13 members, as
follows:
(1) The commissioner of agriculture;
(2) The director of the division of public health
services, or designee;
(3) The commissioner of the department of
resources and economic development, or designee;
(4) The executive director of the department of
fish and game, or designee;
(5) The commissioner of the department of
environmental services, or designee;
(6) The state entomologist;
(7) A licensed physician representing the public
interest;
(8) A person who possesses an advanced degree in
one of the biological sciences representing the public interest;
(9) A licensed or permitted pesticide applicator;
(10) A person representing the New Hampshire
Horticultural Society;
(11) Two persons representing the public interest
who have no affiliation with pesticides; and,
(12) One person representing the New Hampshire
Municipal Association.
(c) Members of the board shall be appointed by
the governor with consent of the council according to the provisions of RSA
430:30.
(d) The board shall select its own chairman to
serve a term of 3 years. All members
shall be
(e) The board shall meet 4 times annually, and
from time to time at the call of the chairman or upon the request of any 4
members. Seven members shall constitute
a quorum.
(f) Members are not entitled to compensation for
their service but, subject to availability of funds, shall receive
reimbursement for their necessary traveling and other expenses while engaged in
actual work of the board, and shall be paid from moneys appropriated for the
purpose of this chapter.
Source. #741, eff 1-18-76; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Pes
102.02 Board Responsibility and
Authority. The responsibility and
authority of the board shall include the following:
(a) Establish policies and goals relative to the
sale and use of pesticides;
(b) Hold hearings concerned with rulemaking where
required by RSA 541-A:3-c. The board
shall, when required pursuant to RSA 541 A:31, hold hearings, issue notices of
hearings, and take testimony in situations where a person is aggrieved by a
decision of the division concerning the issuance of permits and certificates of
registration, administrative penalties levied pursuant to RSA 430:42, VII and
RSA 430:45, III, and the issuance of orders pursuant to RSA 430:42, II and V;
(c) Receive and address requests from any member
of the public for a hearing before the board;
(d) Receive and allocate federal grants and other
funds or gifts for the purpose of carrying out any of the functions of this
chapter;
(e) Adopt rules according to the procedures of
RSA 541-A with concurrence from the division of pesticide control after public
hearing relative to RSA 430:31 IV (a) through (w);
(f) Advise the commissioner of agriculture with
respect to the administration and enforcement of this chapter;
(g) File a report annually with the senate
president and speaker of the house of representatives, for distribution to all
state legislators, regarding the policies and goals of the board and the
enforcement of this chapter.
Source. #6239,
eff 5-2-96
PART
Pes 103 PUBLIC REQUESTS FOR INFORMATION
Pes
103.01 Information Requests. Requests for, and providing information shall
be according to the provisions of Agr 104.
Source. #150, eff 1-9-74; ss by #2209, eff 12-13-82;
ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96
Appendix
|
RULE |
Specific State Statute which the Rule is Intended to
Implement |
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Pes
101.36 |
RSA
430:31, IV(n) |