New Hampshire Administrative Code

(a) "Agricultural emergency" means a state of emergency declared by the commissioner due to a sudden pest outbreak that will cause extensive damage and economic loss to a crop within a short period of time. (b) Pursuant to RSA 430:2, the commissioner of agriculture, markets and f…

In addition to those requirements on a pesticide label and in the administrative rules of the pesticide control board, persons applying pesticides by aerial methods shall also comply with the conditions on the special permit. Notes N.H. Admin. Code § Pes 506.10 #6834, eff 8-26-98…

No person shall apply pesticides either in a manner that causes or might tend to cause contamination to non-target areas. Notes N.H. Admin. Code § Pes 507.01 #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-96, EXPIRED: 5-30-04 New. #8131, eff 8-13-04 Ss by #10…

No application of pesticides shall be made by mechanically powered equipment at such times when the wind velocity shall cause said pesticide to contaminate a non-target area. Notes N.H. Admin. Code § Pes 507.02 #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6258, eff 5-30-9…

(a) For the protection of the public health and the environment, following a hearing where a finding is made indicating the possibility of adverse effects of pesticides and that conditions on licenses and permits issued to commercial and private applicators would be effective in …

In situations where pesticides have been applied to a target area but have been allowed to drift to off target areas, the following shall be considered to be drift/contamination in violation of these rules: (a) A pesticide or pesticides are present on non-target food crops or pas…

Commercial applications of pesticides to turf areas shall comply with the following requirements: (a) Signs as required by Pes 508 shall satisfy the following requirements: (1) They shall be 8 1/2 X 11 inches in size, be made of weather resistant materials with black letters on a…

(a) No person, firm, corporation, agency of state or local government, or other legal entity shall apply any pesticide to or in any surface water without receiving a special permit from the division. (b) In addition to the requirement for a special permit, applications for treatm…

(a) An applicant for a special permit to conduct aquatic pesticide treatments under RSA 430:31,IV(a), except treatments to surface water of less than 10 acres as described by Pes 604.02, shall supply on Form A-1 Application for a Special Permit to Conduct an Aquatic Pesticide Tre…

(a) Applicants shall provide notification of the pending application as follows: (1) Written notice shall be provided directly to each abutter and to the owner of each well or intake that might be subject to water-use restrictions; and (2) Notice of the area affected shall be pub…

A public hearing shall be scheduled in such cases where a written request has been made to the division by at least 5 abutters to the proposed treatment area or by one abutter owning 25 percent or more of the shoreland adjacent to the proposed treatment area within 15 days of the…

Upon receipt of a request for a public hearing pursuant to Pes 602.03 above, the division shall: (a) Schedule the hearing; (b) Notify the applicant of the date of the hearing; (c) Publish notice of the hearing in a newspaper of general circulation in the area affected at least 14…

The public notice and notice of hearing to the applicant and others shall contain: (a) A reference to the regulatory authority, Pes 602.03 and Pes 602.06, for conduct of hearing; (b) A statement of the purpose of the hearing; (c) A statement of the time, date, and place of the he…

The director of the division of pesticide control shall control public hearings as follows: (a) The public shall have an opportunity to direct questions concerning said application to the applicant through the division; (b) The director of the division shall limit presentations t…

(a) The division shall obtain recommendations from the water division of the department of environmental services and the New Hampshire fish and game department, pursuant to Pes 601.01(b). (b) The request in (a) above shall be in writing and shall include a copy of the special pe…

(a) Decisions of the division to issue or deny a request for a special permit shall be based on an assessment of the following:(1) The impact of the proposed application of pesticide on human health; (2) The possible effects on non-target areas and non-target organisms; (3) Wheth…

(a) "The New Hampshire Environmental Laboratory Accreditation Program (NH ELAP)" means a program that provides accreditation to environmental laboratories as provided for in RSA 485:44, to ensure that such laboratories provide sufficiently accurate, precise, and consistent result…

If the division finds that, as a result of postponement of treatment, adverse effects on human health and the environment are likely, it shall, after a hearing, reconsider its original decision. Notes N.H. Admin. Code § Pes 603.04 #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss…

The division shall suspend or revoke a special permit if it finds that the applicant has not complied with the rules or has falsified information submitted in support of their application as follows: (a) If the division finds that public health, safety or welfare requires emergen…

(a) Pesticide applications to surface waters by government agencies to control immature forms of mosquitoes and other biting arthropods, where the surface waters are not used for drinking or domestic purposes, shall not be subject to the special permit requirements under Pes 600 …

(a) Under the following conditions, surface waters less than 10 acres shall be exempt from the provisions of Pes 600 except Pes 601.01(a), Pes 603.03(c) 26, Pes 604.02(b) through (d) and Pes 604.03:(1) The entire pond bottom and shoreline are owned by one individual or entity, or…

(a) An applicant for a permit to conduct aquatic pesticide treatments under RSA 430:31,IV(a) for surface waters as described in Pes 604.02(a) shall supply on Form A-2 the following information:(1) Whether the surface water is less than 10 acres in area; (2) Whether the entire sur…

(a) The following shall be exempt from the requirements of Pes 600: (1) Copper sulfate or copper sulfate compound pesticide application(s) for treatment of public surface waters recommended by the water division, department of environmental services, pursuant to RSA 487:15-25; an…

The purpose of these rules is to list the prohibited, prohibited-limited and restricted use pesticides and the basic requirements for their sale and use in New Hampshire. Notes N.H. Admin. Code § Pes 701.01 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss…

The sale and use of pesticides shall be prohibited or restricted as follows: (a) All uses of pesticides restricted or prohibited by the U. S. Environmental Protection Agency shall be so classified in New Hampshire. (b) All pesticides having labeling designating them as restricted…

For the purpose of controlling their sale, the pesticides listed in Pes 701.06 may be sold or distributed only by pesticide dealers pursuant to RSA 430:35, Pes 306, and Pes 700. Notes N.H. Admin. Code § Pes 701.03 #741, eff 1-18-76; amd by #823, eff 7-18-76; ss by #2209, eff 12-1…

(a) None of the following compounds, listed by common chemical name, shall be sold or used: (1) 2,4,5-T, Salts and Esters; (2) Aldrin; (3) BHC; (4) Chlordane; (5) DDD; (6) DDT; (7) Dieldrin; (8) Dinoseb; (9) Endrin; (10) Heptachlor; (11) Mercury and its compounds; (12) Rothane; (…

These compounds, listed by common chemical name, shall be allowed for sale and use only for the uses listed below: (a) Avitrol shall not be sold to the general public and shall only be used upon issuance of a special permit by: (1) Government agencies who have jurisdiction over f…

(a) Pesticides containing the following compounds, listed in Table 7.1 Restricted Use Pesticides by common chemical name and use or concentration affected, shall be classified as restricted use: Table 7.1 Restricted Use Pesticides COMMON CHEMICAL NAME USE/CONCENTRATION AFFECTED A…

Notwithstanding the manufacturers' labeling, pesticides containing lindane as the active ingredient shall be classified as one of the following: (a) Prohibited-limited use provided it shall only be used for the control of: (1) Bark and wood borers; (2) White pine weevil with sing…

No person shall dispose of, discard, store or transport any pesticides or pesticide containers in a manner inconsistent with requirements of the department of environmental services pursuant to Env-Hw 500, the U.S. Environmental Protection Agency pursuant to 40 CFR 261 - 262, the…

Unused or unwanted pesticides being stored prior to disposal, whether in sealed or previously opened containers, and all pesticide containers that have not been or cannot be rinsed shall be: (a) Kept in a secure enclosure; (b) Maintained so as to prevent: (1) Deterioration of con…

Pesticides which are obsolete, banned, unregistered, physically altered or which otherwise cannot be used for the intended labeled uses shall be: (a) Returned to the manufacturers, supplier or formulator for recycling, destruction or disposal in accordance with requirements of th…

All pesticide containers shall be triple rinsed with an appropriate solvent, which shall include but not be limited to the diluent as prescribed by the pesticide label. The rinsate, and container shall be disposed of in a manner consistent with instructions found upon the pestici…

No pesticide container shall be re-used for any other purpose except as provided on the manufacturers label. Notes N.H. Admin. Code § Pes 801.05 #5127, eff 4-29-91; ss by #6317, eff 8-13-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12 New. #10489, INTERIM, eff 12-17-13, EXPIRES: 6-1…

The purpose of these rules is to list the requirements for storing pesticides and pesticide containers by private and commercial applicators. Notes N.H. Admin. Code § Pes 802.01 #5611, eff 4-13-93; ss by #6160, eff 1-3-96; ss by #7987, eff 1-3-04, EXPIRED: 1-3-12 New. #10489, INT…

(a) "Catch-basin" means a low point of a storage room floor designed for recovering pesticide discharges, washwater, or rinsate. (b) Catch-basins shall be: (1) A watertight part of the floor that does not connect to below-floor, or below-ground piping, containment, or storage; an…

The storage of pesticides and pesticide containers by private and commercial applicators of pesticides shall comply with the following requirements: (a) Pesticides shall be stored in accordance with requirements and precautionary storage instructions contained on the product labe…

Dealers storing prohibited, prohibited-limited use and state restricted use pesticides shall comply with the following: (a) Pesticides shall be stored in accordance with requirements and precautionary storage instructions contained on the product label; (b) Pesticide containers s…

The following definitions shall apply to Pes 804: (a) "Appurtenance" means any equipment which is connected to a container or pesticide application equipment for purposes of transferring pesticides, and includes: (1) Hoses; (2) Fittings; (3) Plumbing; (4) Valves; (5) Gauges; (6) …

Any stationary bulk container and any pesticide dispensing area shall be protected by a containment structure if located on: (a) The facilities or property of a filling establishment; (b) The facilities or property of a pesticide dealer who blends pesticides for sale in bulk; or …

(a) Each of the following shall not be considered a pesticide dispensing area: (1) An area where pesticides are transferred from containers holding 300 gallons or less of liquid pesticide for the purpose of end use application by private applicators in accordance with label recom…

(a) The containment structure shall be constructed of reinforced concrete or other rigid material which provides sufficient strength to withstand the full dynamic or static hydrostatic head, load and impact of any pesticides, precipitation, other substances, equipment, and appurt…

(a) The containment structure shall be adequate to prevent water and other liquids from seeping into or flowing onto it from surrounding surfaces, including land surfaces and adjacent roofs. Any containment structure in use shall, at a minimum, be adequate to prevent run-in or se…

(a) The containment structure shall be operated in a manner that prevents pesticides or materials containing pesticides from leaving the containment structure and contacting the soil, surface water or ground water beneath or adjacent to it. This shall include pesticide residues w…

(a) The containment structure shall be inspected and maintained to assure continued compliance with the requirements of Pes 804.04, Pes 804.05, Pes 804.06 and Pes 804.07. (b) All stationary bulk containers and their appurtenances shall be inspected for wetting, discoloration, bli…

(a) Any stationary liquid bulk container shall be protected by a secondary containment area which meets the provisions of Pes 804.04, Pes 804.05, Pes 804.06 and Pes 804.07 and the requirements of this section. (b) A secondary containment area shall have, at a minimum, the followi…