Expiration of Enforcement Discretion for Extension of Pesticide Applicator Recertification and Business and Agency Registration during the COVID-19 Emergency

On April 7, 2020 the New York State Department of Environmental Conservation (the Department) issued a letter announcing the Department would exercise its enforcement discretion (PDF) with respect to certain provisions of the 6 NYCRR Part 325 regulations. The Department took this action to alleviate hardships certified pesticide applicators and registered pesticide businesses and agencies were experiencing due to the COVID-19 emergency. The enforcement discretion letter indicated that it would expire 60 days after the expiration of the Department’s Emergency Declaration, or any extensions issued thereto. The Department’s Emergency Declaration expired on September 23, 2020. Therefore, this enforcement discretion will expire on November 23, 2020.

Upon expiration of this enforcement discretion, all provisions of 6 NYCRR Part 325 will be in effect and any violation thereto will be subject to enforcement action by the Department. Beginning November 24, 2020, certified pesticide applicators will be required to have a valid, current certification identification (ID) card in their possession in order to make any commercial or private applications of pesticides and registered pesticide businesses and agencies will be required to have a current registration to operate as a pesticide business or agency.

Under the regulations, a certified pesticide applicator has until 90 days past their recertification date to complete recertification without additional recertification credits being assessed. Therefore, the Department will continue to waive assessing six additional recertification (“penalty”) credits for 90 days past the expiration of the enforcement discretion or until February 23, 2021. Please be aware, during the 90 day period, you may not apply pesticides without a valid certification ID card in your possession. Penalty credits will be required for recertification from February 24, 2021 until two years after the date of the certified pesticide applicator’s original recertification date.

Any questions regarding the expiration of the enforcement discretion should be addressed to the Pesticide Reporting & Certification Section at pestmgt@dec.ny.gov or by telephone at (518) 402-8748.