2010 New York Code
ENV - Environmental Conservation
Article 33 - PESTICIDES
Title 9-A - (33-0920 - 33-0925) SPECIAL PERMITS AND CERTIFICATION FOR COMMERICAL APPLICATION OF AQUATIC ANTIFOULING PAINTS
33-0922 - Aquatic antifouling paint business registration.

§ 33-0922. Aquatic antifouling paint business registration.
    1.  Notwithstanding  any other provision of law or regulation pursuant
  to this title, an aquatic  antifouling  paint  application  business  as
  defined in this title shall register with the commissioner.
    2.  Applications  for  aquatic  antifouling paint application business
  registration shall be made to  the  commissioner  and  applicants  shall
  provide   such  information  as  the  commissioner  shall  require.  The
  application shall be on a form prescribed by the commissioner and  shall
  be  accompanied  by  the fee or fees provided in section 33-0911 of this
  article.
    3. An applicant for aquatic  antifouling  paint  application  business
  shall  satisfy  standards,  as  determined  by  the  commissioner  to be
  appropriate, with respect to knowledge  and  experience  concerning  the
  proper  use and application of aquatic antifouling paint application and
  equipment.  In  addition  to  any  other  standards  determined  by  the
  commissioner  to be appropriate, an applicant shall: (a) employ at least
  one person  who  is  a  certified  commercial  pesticide  applicator  or
  technician  certified in the application of aquatic antifouling paint or
  an aquatic antifouling paint applicator at each location required to  be
  registered;  or (b) have entered into a contract with another registered
  business that employs a person who is a certified  commercial  pesticide
  applicator  or  technician  certified  in  the  application  of  aquatic
  antifouling paint or an aquatic antifouling paint  applicator,  pursuant
  to  which  contract such registered business has agreed to apply aquatic
  antifouling paint at each such location for such applicant.
    4. Business registration shall be valid for three years.
    5. When engaged in the commercial application of  aquatic  antifouling
  paints,  an  aquatic antifouling paint application business shall ensure
  that such aquatic antifouling paints are only applied by an employee who
  is a certified commercial pesticide applicator or  technician  certified
  in   the   application  of  aquatic  antifouling  paint  or  an  aquatic
  antifouling paint applicator, or a person who is a certified  commercial
  pesticide  applicator  or  technician  certified  in  the application of
  aquatic antifouling paint or an  aquatic  antifouling  paint  applicator
  employed  by  another  registered  business with which such business has
  contracted to apply aquatic antifouling paints; provided, however,  that
  until  such time as authorization for pesticide application by pesticide
  apprentices is repealed,  aquatic  antifouling  paint  registered  as  a
  general   use  pesticide  may  be  applied  by  a  commercial  pesticide
  apprentice who is at least seventeen years of age and employed  by  such
  business  (a)  working  under  the  direct  supervision  of  a certified
  commercial pesticide applicator, or (b) working under the supervision of
  a  certified  pesticide  technician  qualified  in  aquatic  antifouling
  paints,  if  such  application  is otherwise done in compliance with the
  rules and regulations of the department, and who,  during  the  handling
  and  application  of  such  paint, utilizes appropriate safety equipment
  including but not limited to  a  respirator,  eye  protection  and  skin
  protection.
    6.  Such  aquatic  antifouling paint application business shall, for a
  period of five years, maintain  for  inspection  by  the  department  an
  annual  report  listing  the  names  and  certification  numbers  of all
  employees  or  contractors  engaged  in  the  application   of   aquatic
  antifouling  paints  on  behalf of such business during the prior twelve
  months.