New Hampshire Administrative Code

A private applicator in New Hampshire, when accepting a permit, shall agree to follow the instructions outlined on the manufacturer's label, including any restrictive use situations stated by the labeling, such as actual physical presence of a certified applicator when applicatio…

(a) Pursuant to RSA 430:35, pesticide dealers shall be licensed. (b) A license shall be required for each location or outlet from which state restricted use pesticides are distributed, sold, held for sale or offered for sale. (c) Salesmen and manufacturers' representatives sellin…

Prior to being issued a dealer license, applicants shall: (a) Have passed a dealer exam as specified under Pes 306.03; (b) Have adequate facilities for storage of "prohibited-limited use" and "restricted" pesticides that comply with Pes 803; and (c) Designate at least one person …

(a) Applicants for dealer licenses to sell "prohibited-limited use" or "restricted" pesticides shall, prior to licensing, satisfy the division that they possess adequate knowledge of the laws and rules governing the safe handling, use and sale of "prohibited-limited use" and "res…

Persons who have been issued a pesticide dealer's license shall: (a) Not display for self-service any "Prohibited-limited use" or "restricted" pesticides; (b) Keep records pertaining to the acquisition, sale or disposal of "prohibited-limited use" or "restricted" pesticides and s…

Dealers shall not distribute or sell "prohibited-limited use" or "restricted" pesticides to persons holding supervisory registration certificate-general use, as defined in Pes 101.36, or to any other person except to persons who hold and present a current restricted use permit to…

All pesticides distributed, sold, held for sale or offered for sale in New Hampshire shall be registered with the New Hampshire department of agriculture, markets and food under RSA 430:36 - Pesticides Controls. Notes N.H. Admin. Code § Pes 306.06 #8059, eff 5-30-04; ss by #10198…

Pesticide materials other than those designated as "prohibited," "prohibited-limited use" or "restricted," provided they are registered with the New Hampshire department of agriculture, markets and food, may be sold without license requirements. Notes N.H. Admin. Code § Pes 306.0…

Every business entity engaged in the commercial application of pesticides, and providing services involving the use of pesticides or devices associated with performing pest control related activities in this state for the control, eradication, minification, or prevention of pests…

Applicants for business registration certificates shall satisfy the following requirements prior to registration: (a) The commercial business entity shall register with the pesticide control division by completing an application provided by the division. (b) The application form …

In such instances where a business entity operates under more than one name or subsidiary, each name or subsidiary shall be registered, pursuant to Pes 307.01, as a separate entity. Notes N.H. Admin. Code § Pes 307.03 #2002, eff 4-l9-82; ss by #2209, eff 12-13-82; ss by #2781, ef…

A business registration certificate showing the registration number shall be issued to applicants upon completion of the requirements under Pes 307.02. Notes N.H. Admin. Code § Pes 307.04 #2002, eff 4-l9-82; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-…

Any changes in the status of the firm, branch office or subsidiary, including but not limited to changes in personnel whose function relates to pesticide application such as registered applicators, managers and corporate officers, changes in ownership, location, corporate structu…

The business registration number and business name shall be displayed on vehicles according to the requirements of Pes 504.02. Notes N.H. Admin. Code § Pes 307.06 #6258, eff 5-30-96; ss by #8059, eff 5-30-04; ss by #10198-B, eff 10-3-12

(a) Any person holding a current license, permit or certificate may renew such license, permit or certificate for the next year without taking another examination provided the following is submitted to the division: (1) Application form with the information required by RSA 430:34…

(a) The division shall deny certification, license or a permit if the applicant: (1) Is found to be unqualified to apply or distribute pesticides as established by RSA 430:33 I and II, and RSA 430:35; or (2) Has not met the competency requirements under Pes 300. (b) The division,…

(a) Commercial applicators shall recertify pursuant to 402.01(o) by either attending seminars which have been approved by the division and which shall be known as "division of pesticide control approved seminars" or by retaking the examinations as provided under Pes 304, during t…

(a) Private applicators possessing permits for the use of restricted pesticides shall recertify pursuant to 402.02 (o) by either attending seminars which have been approved by the division and which shall be known as "division of pesticide control approved seminars" or by passing…

At least one employee at the supervisory or managerial level of each business entity applying pesticides commercially shall hold a supervisory level certificate of registration. If more than one supervisory office or district exists in the state for any one business entity, then …

At least one member of each crew shall be registered at either the operational or supervisory level and be present whenever and wherever a commercial application of pesticides is made in this state. Notes N.H. Admin. Code § Pes 403.02 #150, eff 1-9-74; ss by #2209, eff 12-13-82; …

By accepting registration certificates, licenses, permits, certification and other documents, the bearer shall agree to and understand that periodic inspections of pesticide application for enforcement purposes shall be made pursuant to RSA 430:42 and 430:43. Notes N.H. Admin. Co…

(a) When the division believes that a person is using or intending to use a pesticide in a manner which violates any of the provisions of RSA 430:28-50 or the administrative rules of the board, Pes 100 through 1100, the division shall order the person to cease and desist the use …

All pesticides or formulations thereof, used or applied in New Hampshire, shall be registered with the New Hampshire department of agriculture, markets and food as provided for in RSA 430:36. Notes N.H. Admin. Code § Pes 501.01 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #…

Registered pesticides shall be used in strict accordance with manufacturer's current labeling instructions, except in the following instances: (a) When the application is made in accordance with procedures or rates prescribed by a legally constituted authority where:(1) The rates…

A complete copy of pesticide labeling, as it appears on the original registered product, shall accompany all service containers and pesticide application equipment in the vehicle transporting them. Notes N.H. Admin. Code § Pes 502.02 #1547, eff 3-13-80; ss by #2209, eff 12-13-82;…

(a) For this section only, the following terms shall have the indicated meanings: (1) "Buffer of surface waters not included in RSA 483-B" means the pesticide setback buffer for surface waters not included under RSA 483-B:4 XVI as established under Pes 1001.01(a) and (b). (2) "Wa…

(a) No person shall apply pesticides within 250 feet of the reference lines of surface waters or their tributaries used for public water supply for a radial distance of 5 miles as measured from the public water supply intake within the boundaries of the watershed surrounding that…

No pesticide application shall be made within 400 feet of gravel packed wells used for public water supply or within 250 feet of other wells so used, unless materials and methods to be employed have been approved through the issuance of a special permit according to procedures of…

(a) No person shall apply a pesticide through an irrigation system, or a chemigation system, unless the system complies with this section. (b) Any method used for chemigation shall comply with the state plumbing code and Env-Ws 364 "Backflow Prevention" rules. (c) No pesticide sh…

It shall be the responsibility of each permit, registration, or license holder to acquaint those working under him or her with the hazards involved in the handling of pesticides and the warnings or precautions on the pesticide label, and to instruct the employees on the proper st…

It shall be the responsibility of the employer to provide for the protection of the employees, the necessary safety equipment as set forth on the labeling of the pesticide used, or by the board through rules. Notes N.H. Admin. Code § Pes 503.02 #150, eff 1-9-74; ss by #2209, eff …

(a) Persons registered at the supervisory level pursuant to Pes 403.01 shall, in addition to those responsibilities under Pes 101.35 or Pes 101.36, provide supervision to operational registration holders and others in the commercial business or entity handling or applying pestici…

Service containers shall bear abbreviated labeling, affixed to the container, which includes: (a) Product name; (b) Signal word of original concentrate; (c) Common name and percentage of active ingredients; (d) Name, address, and telephone number of pesticide application firm; an…

(a) All on-highway vehicles when used for business purposes for the commercial application of pesticides by commercial applicators shall display information indicating the applicator's business name together with the firm registration number pursuant to Pes 307.04 as follows: (1)…

All pest control equipment using pesticides and drawing water from the surface waters of the state as defined in Pes 101.36 shall have an effective anti-siphon device. Notes N.H. Admin. Code § Pes 504.03 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by…

The use of herbicide on rights-of-way shall be conducted under the supervision of a certified applicator in a manner that minimizes the extent and duration of browning foliage, such as the use of herbicides or herbicide additives designed to control discoloring. Notes N.H. Admin.…

No application of pesticides shall be made to rights-of-way, including but not limited to power transmission and distribution lines, gas pipeline, railroad, public road, of the state without being in possession of a special permit issued by the division according to procedures of…

No pesticide shall be applied by any person to woodland areas exceeding 50 acres without being in possession of a special permit issued by the division according to procedures set forth in Pes 505.05 (a) through (d) and upon consultation with the state forester and the director o…

No person, firm, corporation, any agency of state or local government, or other legal entity shall apply any pesticide to any right-of-way pursuant to Pes 505.02, or woodland areas greater than 50 acres pursuant to Pes 505.03 without receiving a special permit from the division. …

(a) Application for approval for treatment of rights-of-way and woodland areas shall be made on "Form ROW/WL Special Permit Application-Right-of-Way/Woodland" provided by the division. (b) Applications shall be submitted: (1) At least 120 days prior to the date of proposed treatm…

(a) "Active railroads" means a railroad corridor where the tracks are still in place and they can be traversed by railroad locomotives, rail cars, or rail mounted inspection vehicles, or maintenance of way equipment. (b) This section shall not pertain to the following types of he…

(a) Persons applying pesticides for the establishment or maintenance of access roads designed and intended for the purpose of forestry management shall be exempt from the requirements of Pes 505.01, 505.02, 505.04, 505.05, and 505.06 where such roads:(1) Are unpaved; and (2) Are …

(a) No application of pesticides by aircraft shall be made in the state without a special permit, issued by the division after consultation with affected agencies, including but not limited to:(1) The department of natural and cultural resources, division of forests and lands; (2…

(a) Application for approval for treatment by aerial methods shall be made on "Form Aerial Application for a Special Permit" provided by the division. (b) Information submitted in support of proposed treatment shall be complete and any falsification of information shall result in…

If the proposed application of pesticide is to non-residential areas, in addition to the provisions of Pes 506.02, the following shall apply: (a) At the same time that an application for a special permit is submitted to the division, applicants shall provide public notice of this…

Applications for special permits for aerial applications in residential areas shall, in addition to the requirements of Pes 506.01 and 506.02, be subject to the following requirements: (a) A public hearing according to the procedures under Pes 602.06 shall be required prior to ap…

(a) Every decision by the division shall be in writing and shall include reasons for the decision, and a copy of the decision shall be delivered by registered mail to the applicant. (b) Decisions of the division to issue or deny a request for a special permit shall be based on an…