1.4 New York State Pesticide Use Restrictions34089
1.4.1 Restricted-Use Pesticides
Pesticides that are highly toxic or that are persistent and accumulative are classified as restricted-use in New York State. The NYSDEC uses several criteria to classify pesticides as restricted-use including those:
- Having an active ingredient specifically listed in Part 326.2(a) of the state pesticide control regulations.
- Having an active ingredient listed in Part 326.2(b) of the state pesticide control regulations and used as noted in the regulation.
- That the NYSDEC commissioner feels may need to be restricted in their use to prevent damage to health, property, and/or wildlife.
- That are federally restricted by the EPA.
- Whose label limits use to commercial pesticide applicators.
- Labeled for direct application to or in surface waters.
If a pesticide is classified as restricted-use by the NYSDEC, it may be distributed, sold, purchased, possessed, and used only by a certified applicator or by someone holding a commercial permit or purchase permit. Restricted-use pesticides may also be used by someone under the direct supervision of a certified applicator. NOTE: NYS regulations require on-site direct supervision when a person under the instruction and control of a certified private applicator uses a federally restricted pesticide. Certified commercial pesticide technicians are not permitted to purchase restricted-use pesticides.
Federally restricted pesticides will state "RESTRICTED-USE" on the label. Pesticides restricted by the NYSDEC may not have label statements noting they're restricted-use in New York State. Always check the restricted-use status of a pesticide through the NYSDEC's product registration database before purchasing or using it to determine any product restrictions or certification requirements.
Restricted-use pesticides mentioned in this publication are preceded by an asterisk (*).34090
1.4.2 Additional Use Restrictions
The NYSDEC may also determine that a pesticide cannot be used in a particular area of New York State due to unacceptable risks. For example, certain pesticides are prohibited from use on Long Island due to groundwater contamination or other concerns. Pesticides with additional use restrictions will have a label language indicating where in the state the pesticide may not be used.
Pesticides mentioned in this publication that cannot be used in Nassau and Suffolk Counties are preceded by a dagger (†). Also look for specific notes and comments in this Guideline regarding other use restrictions.