Sec. 22a-59. Enforcement; inspection, samples, warrants. (a) For purposes of
enforcing the provisions of this chapter, subsection (a) of section 23-61a and sections
23-61b and 23-61f, officers or employees duly designated by the commissioner are
authorized to enter at reasonable times, any establishment or other place where pesticides
or devices are being or have been used, or where pesticides or devices are held for use,
distribution or sale in order to: (1) Observe the application of pesticides; (2) determine
if the applicator is or should be certified; (3) determine if the applicator has obtained a
proper permit to apply restricted use pesticides; (4) inspect equipment or devices used
to apply pesticides; (5) inspect or investigate the validity of damage claims; (6) inspect
or obtain samples in any place where pesticides or devices have been used or are held
for use, storage, distribution or sale; (7) obtain samples of any pesticides or devices
packaged, labeled and released for shipment and samples of any containers or labeling
for such pesticides or devices, and (8) obtain samples of any pesticides or devices that
have been used and obtain samples of any containers or labeling for such pesticides or
devices. Before undertaking such inspection, the officers or employees shall present to
the owner, operator, or agent in charge of the establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written
statement as to the reason for the inspection, including a statement as to whether a
violation of the law is suspected. If no violation is suspected, an alternate and sufficient
reason shall be given in writing. Each such inspection shall be commenced and completed with reasonable promptness. If the officer or employee obtains any samples, prior
to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained and, if requested, a portion of each such sample equal
in volume or weight to the portion retained. If an analysis is made of such samples, the
laboratories of the Connecticut Agricultural Experiment Station may be used and a copy
of the results of such analysis shall be furnished promptly to the owner, operator, or
agents in charge and the commissioner.
(b) For purposes of enforcing the provisions of this part, subsection (a) of section
23-61a and sections 23-61b and 23-61f, and upon a showing to an officer or court of
competent jurisdiction that there is reason to believe that the provisions of this chapter
and said sections have been violated, officers or employees duly designated by the
commissioner are empowered to obtain and to execute warrants authorizing: (1) Entry
for the purpose of this section; (2) inspection and reproduction of all records showing
the quantity, date of shipment, and the name of consignor and consignee of any pesticide
or device found in the establishment which is adulterated, misbranded, not registered,
in the case of a pesticide, or otherwise in violation of this part and said sections and in
the event of the inability of any person to produce records containing such information,
all other records and information relating to such delivery, movement, or holding of the
pesticide or device; and (3) the seizure of any pesticide or device which is in violation
of this part and said sections.
(P.A. 73-540, S. 14, 28; P.A. 74-338, S. 72, 94; P.A. 77-529, S. 17; P.A. 83-108, S. 3; P.A. 02-89, S. 61.)
History: P.A. 74-338 substituted "are recognized" for "or recognized", a technical change in Subsec. (a); P.A. 77-529
allowed commissioner's designees to enter places for purposes other than inspection or obtaining samples in Subsec. (a);
P.A. 83-108 amended Subsec. (a) to clarify the department's authority in obtaining pesticide samples from areas where
they have been used or stored and to substitute "chapter" for "part"; P.A. 02-89 replaced references to "sections 23-61b
to 23-61d, inclusive, and 23-61f" with references to "sections 23-61b and 23-61f" in Subsecs. (a) and (b), reflecting repeal
of Sec. 23-61d by the same public act, and made technical changes in Subsecs. (a) and (b).
Sec. 22a-60. Trade secrets and business information protected. Declaratory
judgments. (a) In submitting data required by this part, the applicant may (1) clearly
mark any portions thereof which in his opinion are trade secrets or commercial or financial information and (2) submit such marked material separately from other material
required to be submitted under this part.
(b) Notwithstanding any other provision of this part, the commissioner shall not
make public information which in his judgment contains or relates to trade secrets or
commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this part, information
relating to formulas of products acquired by authorization of this part may be revealed
to any federal or state agency consulted and may be revealed at a public hearing or in
findings of fact issued by the commissioner.
(c) If the commissioner proposes to release for inspection information which the
applicant or registrant believes to be protected from disclosure under subsection (b) of
this section, he shall notify the applicant or registrant in writing. The commissioner
shall not thereafter make available for inspection such data until thirty days after receipt
of the notice by the applicant or registrant. During this period, the applicant or registrant
may institute an action in the superior court for the judicial district of Hartford for a
declaratory judgment as to whether such information is subject to protection under this
section.
(P.A. 73-540, S. 15, 28; P.A. 76-436, S. 273, 681; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2;
P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced
"Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from
September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Sec. 22a-61. Prohibited acts. Certification refusal, revocation; grounds; hearing. (a) Except as provided by subsection (b) of this section, it shall be unlawful for any
person to use, distribute, sell, offer for sale, hold for sale, ship, deliver for shipment, or
receive and having so received, deliver or offer to deliver, to any person:
(1) Any pesticide which is not registered pursuant to this part, except as provided
by subsection (a) of section 22a-52;
(2) Any registered pesticide if any claims made for it as a part of its distribution or
sale substantially differ from any claims made for it as a part of the statement required
in connection with its registration;
(3) Any registered pesticide the composition of which differs at the time of its distribution or sale from its composition as described in the statement required in connection
with its registration;
(4) Any pesticide which has not been colored or discolored pursuant to the provisions of subdivision (3) of subsection (c) of section 22a-66;
(5) Any pesticide which is adulterated or misbranded; or
(6) Any device which is misbranded.
(b) It shall be unlawful for any person:
(1) To detach, alter, deface, or destroy, in whole or in part, any labeling required
under FIFRA;
(2) To refuse to keep any records required pursuant to section 22a-58, or to refuse
to allow the inspection of any records or establishment pursuant to sections 22a-58 and
22a-59, or to refuse to allow an officer or employee of the Department of Environmental
Protection to take a sample of any pesticide pursuant to section 22a-59;
(3) To give a guaranty or undertaking provided for in subsection (c) of this section
which is false in any particular, except that a person who receives and relies upon a
guaranty authorized under subsection (c) of this section may give a guaranty to the same
effect, which guaranty shall contain, in addition to that person's own name and address,
the name and address of the person residing in the United States from whom the guaranty
or undertaking was received;
(4) To use for his own advantage or to reveal, other than to the commissioner or
officials or employees of the Department of Environmental Protection or other federal
or state executive agencies, or to the courts, or to physicians, pharmacists and other
qualified persons, needing such information for the performance of their duties, in accordance with such directions as the commissioner may prescribe, any information acquired by authority of this part which is confidential under this part;
(5) Who is a registrant, wholesaler, dealer, retailer or other distributor to advertise
a product registered under this part for restricted use without giving the classification
of the product assigned to it under section 22a-50;
(6) To make available for use, or to use, any registered pesticide classified for restricted use or permit use for some or all purposes other than in accordance with section
22a-50 and any regulations adopted thereunder;
(7) To use any registered pesticide in a manner inconsistent with restrictions prescribed under this part, subsection (a) of section 23-61a, section 23-61b or inconsistent
with labeling;
(8) To use any pesticide which is under an experimental use permit contrary to the
provisions of the permit;
(9) To violate any order issued under section 22a-62;
(10) To violate any suspension order issued pursuant to this part;
(11) To violate any cancellation of registration of a pesticide;
(12) To violate any provision of section 22a-56 or any regulation established pursuant to this part;
(13) To violate any provision of section 22a-57;
(14) To knowingly falsify all or part of any application for registration, application
for experimental use permit, any records required to be maintained pursuant to section
22a-58, any report filed under this part, or any information marked as confidential and
submitted to the commissioner under any provision of this part;
(15) Who is a registrant, wholesaler, dealer, retailer or other distributor to fail to
file reports required by this part;
(16) To use any pesticide in tests on human beings unless such human beings (i)
are fully informed of the nature and purposes of the test and of any physical and mental
health consequences which are reasonably foreseeable, therefrom, and (ii) freely volunteer to participate in the test.
(c) The provisions of this section shall not apply to:
(1) Any person who establishes a guaranty signed by, and containing the name and
address of, the registrant or person residing in the United States from whom the pesticide
was purchased or received in good faith in the same unbroken package, to the effect
that the pesticide was lawfully registered at the time of sale and delivery to him, and
that it complies with the other requirements of this part, and in such case the guarantor
shall be subject to the penalties which would otherwise attach to the person holding the
guaranty under the provisions of this part;
(2) Any common or contract carrier while lawfully shipping, transporting or delivering for shipment any pesticide or device, if such carrier upon request by any officer
or employee duly designated by the commissioner shall permit such officer or employee
to copy all of its records concerning such pesticide or device;
(3) Any public official while engaged in the performance of official duties, unless
such public official is using restricted use pesticides;
(4) Any person using or possessing any pesticide as provided by an experimental
use permit in effect with respect to such pesticide and such use or possession; or
(5) Any person who ships a substance or mixture of substances being put through
tests in which the purpose is only to determine its value for pesticide purposes or to
determine its toxicity or other properties and from which the user does not expect to
receive any benefit in pest control from its use.
(d) It shall be unlawful for any person not certified as a commercial applicator to
advertise or to solicit to perform commercial application of pesticides.
(e) It shall be unlawful for any person possessing an operational certificate for commercial application to perform or to advertise or solicit to perform any activity requiring
a supervisory certificate for commercial application.
(f) (1) The commissioner may refuse to grant applicator certification or renewal
of certification and may revoke or suspend certification following a hearing in accordance with the provisions of chapter 54. Any violation of a section of this part or section
22a-66y or 22a-66z or a regulation adopted thereunder, applicable to certified applicators, shall be grounds for denial, suspension or revocation of certification. Grounds for
denial, revocation or suspension shall include, but shall not be limited to the following:
(A) Use of a pesticide in a manner inconsistent with the registered labeling or with state
or federal restrictions on the use of such pesticide; (B) falsification of records required
to be maintained pursuant to subsection (c) or (d) of section 22a-58, or refusal to keep
and maintain such records; (C) applying pesticides generally known in the trade to be
ineffective or improper for the intended use; (D) operating faulty or unsafe equipment;
(E) applying a pesticide in a faulty, careless or negligent manner; (F) neglecting or
refusing to comply with the provisions of this part, the rules or regulations adopted
hereunder, or any lawful order of the commissioner; (G) using fraud or misrepresentation
in making an application for or in renewing a permit or certification; (H) refusing or
neglecting to comply with any limitations or restriction in a duly issued permit or certification; (I) aiding or abetting a certified or an uncertified person to evade the provisions
of this part, or conspiring with such a certified or an uncertified person to evade the
provisions of this part; (J) allowing one's permit or certification to be used by another
person; (K) making a false or misleading statement during an inspection or investigation
concerning an infestation of pests, accident in applying a pesticide, misuse of a pesticide,
or violation of a statute or regulation; (L) performing work, whether for compensation
or not, in a category for which the applicator does not have certification; or (M) failure
to submit records required to be maintained pursuant to subsection (c) of section 22a-58.
(2) The commissioner shall review an applicator's certification in the event that:
(A) The applicator is convicted of a criminal violation of FIFRA; (B) a final order is
issued by the Environmental Protection Agency assessing a civil penalty against the
applicator under FIFRA, or (C) the applicator's certification has been revoked in another
state, and may institute a suspension or revocation hearing.
(3) Any certified applicator whose certification is suspended or revoked under the
provisions of this part shall not be eligible to apply for a new certificate until such time
has elapsed from the date of the order suspending or revoking said certificate as has
been established by the commissioner.
(P.A. 73-540, S. 16, 28; 73-616, S. 28; P.A. 74-338, S. 73, 94; P.A. 77-529, S. 18-20; P.A. 82-158, S. 4, 6; P.A. 87-101, S. 2.)
History: P.A. 73-616 made technical change in Subsec. (b)(2); P.A. 74-338 substituted "The provisions of this section
shall not apply to" for "It shall not be a violation for" in Subsec. (c); P.A. 77-529 substituted "FIFRA" for full title of
federal act in Subsec. (b)(1), prohibited use of pesticide "inconsistent with labeling" in Subsec. (b)(7), clarified exclusion
of public officials from provisions in Subsec. (c)(3) by adding "unless such public official is using restricted use pesticides"
and added Subsec. (f) re suspension or revocation and review of certifications; P.A. 82-158 amended Subsec. (a) to prohibit
the "use" of improperly registered or misbranded pesticides substituted references to certification for references to licensure
and made other technical revisions; P.A. 87-101 amended Subsec. (f) by adding Subdiv. (M) making failure to submit
records ground for denial, revocation or suspension of certificate.
Sec. 22a-62. Stop sale order; seizure, condemnation; reprocessing. Costs and
fees. Court orders. (a) Whenever any pesticide or device is found by the commissioner
and there is reason to believe on the basis of inspection or tests that such pesticide or
device is in violation of any of the provisions of this part, or that such pesticide or device
has been or is intended to be distributed or sold in violation of any such provisions, or
when the registration of the pesticide has been cancelled by a final order or has been
suspended, the commissioner may issue a written or printed stop sale, use, or removal
order to any person who owns, controls, or has custody of such pesticide or device, and
after receipt of such order no person shall sell, use or remove the pesticide or device
described in the order except in accordance with the provisions of the order.
(b) Any pesticide distributed, sold, offered for sale or delivered for transportation
or transported into or within the state for the purpose of sale shall be subject to seizure
and condemnation upon application of the commissioner to the superior court for the
judicial district of Hartford:
(1) In the case of a pesticide, if:
(A) It is adulterated or misbranded;
(B) It is not registered pursuant to the provisions of this part;
(C) Its labeling fails to bear the information required by the federal Insecticide,
Fungicide and Rodenticide Act (P.L. 92-516), as may be amended from time to time;
(D) It is not colored or discolored and such coloring or discoloring is required under
this part; or
(E) Any of the claims for it or any of the directions for its use differ in substance
from the representations made in connection with its registration;
(2) In the case of a device, it is misbranded; or
(3) In the case of a pesticide or device, when used in accordance with the requirements imposed under this part, subsection (a) of section 23-61a or section 23-61b, and
as directed by the labeling, it nevertheless causes unreasonable adverse effects on the
environment;
(4) In the case of a plant regulator, defoliant or desiccant, used in accordance with
the label claims and recommendations, physical or physiological effects on plants or
parts thereof shall not be deemed to be injurious, when such effects are the purpose for
which the plant regulator, defoliant or desiccant was applied.
(c) If a pesticide is condemned, it shall be disposed of by destruction or sale, as the
court may direct. If such article is sold, the proceeds shall revert to the General Fund
but no article shall be sold which does not comply with the provisions of this part. Upon
payments of costs and execution and delivery of a good and sufficient bond, which is
conditioned upon the guarantee that the article shall not be disposed of unlawfully, the
court may direct that the article be delivered to the owner thereof for relabeling or
reprocessing, as the case may be. When any article is ordered condemned, court costs,
legal fees and storage and other proper expenses shall be awarded against the person,
if any, who intervenes as claimant of the article or who is responsible for the condition
which leads to its condemnation.
(d) Whenever, in the judgment of the commissioner, any person has engaged in or
is about to engage in any acts or practices which constitute, or will constitute, a violation
of any provision of sections 22a-46 to 22a-66, inclusive, section 22a-66z or any other
applicable statute, regulation or order issued thereunder, the commissioner may request
the Attorney General to make application to the appropriate court for an order enjoining
such acts or practices or for an order directing compliance with such statutes, regulations
or orders.
(P.A. 73-540, S. 17, 28; P.A. 74-338, S. 39, 94; P.A. 76-436, S. 274, 681; P.A. 77-529, S. 21; P.A. 78-280, S. 5, 127;
P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 02-89, S. 62.)
History: P.A. 74-338 made technical change in Subsec. (b)(4), substituting "regulator" for "regulatory"; P.A. 76-436
replaced court of common pleas with superior court in Subsec. (b), effective July 1, 1978; P.A. 77-529 added Subsec. (d)
re court orders enjoining acts or practices in violation of provisions or orders for compliance with statutes, etc.; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district
of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective
date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of
P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 02-89 amended Subsec. (b)(3)
to replace reference to "sections 23-61b to 23-61d, inclusive" with reference to "section 23-61b", reflecting repeal of Sec.
23-61d by the same public act.
Sec. 22a-63. Penalties; fine, imprisonment. Agents. (a) Any registrant, commercial applicator, uncertified person who performs or advertises or solicits to perform
commercial application, wholesaler, dealer, retailer or other distributor who knowingly
violates any provision of this chapter, subsection (a) of section 23-61a or section 23-61b, shall be fined not more than five thousand dollars, or imprisoned for not more than
one year or both.
(b) Any private applicator or other person, not included in subsection (a), who knowingly violates any provision of this chapter, subsection (a) of section 23-61a or section
23-61b, shall be fined not more than one thousand dollars, or imprisoned for not more
than thirty days or both.
(c) Any person who, with intent to defraud, uses or reveals information relative to
formulas of products acquired under the authority of this chapter, shall be fined not
more than ten thousand dollars, or imprisoned for not more than one year or both.
(d) When construing and enforcing the provisions of this chapter, subsection (a) of
section 23-61a and sections 23-61b and 23-61f, the action, omission or failure to act of
any officer, agent or other person acting for or employed by any person shall in every
case be also deemed to be the action, omission or failure to act of such person as well
as that of the person employed.
(e) Any person who violates any provision of this chapter may be assessed a civil
penalty of not more than two thousand five hundred dollars per day for each day such
violation continues. The Attorney General, upon complaint of the commissioner, shall
institute a civil action to recover such penalty in the superior court for the judicial district
of Hartford. All actions brought by the Attorney General shall have precedence in the
order of trial as provided in section 52-191.
(f) Any person who is not certified as a commercial applicator who performs or
advertises or solicits to perform commercial application of a pesticide, or any person
possessing an operational certificate for commercial application under section 22a-54
who performs or advertises or solicits to perform any activity requiring a supervisory
certificate for commercial application shall be assessed a civil penalty in an amount not
less than one thousand dollars or more than two thousand dollars for each day such
violation continues. For any subsequent violation, such penalty shall be not more than
five thousand dollars. The Attorney General, upon complaint of the commissioner, may
institute a civil action to recover such penalty in the superior court for the judicial district
of Hartford. Any penalties collected under this subsection shall be deposited in the
Environmental Quality Fund established under section 22a-27g and shall be used by
the commissioner to carry out the purposes of this section.
(P.A. 73-540, S. 18, 28; P.A. 77-529, S. 22; P.A. 88-230, S. 1, 12; 88-246, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142,
S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 98-229, S. 6; P.A. 99-225, S. 23, 33; P.A. 01-204, S. 6, 29; June Sp. Sess. P.A. 01-9,
S. 73, 131; P.A. 02-89, S. 63; P.A. 03-19, S. 56.)
History: P.A. 77-529 replaced "unlicensed" with "uncertified" in Subsec. (a) and reduced maximum fine from twenty-five thousand to five thousand dollars; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial
district of Hartford", effective September 1, 1991; P.A. 88-246 made technical changes and added Subsec. (e) establishing
a civil penalty for violations of the chapter; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991,
to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1,
1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998, effective July 1, 1995; P.A. 98-229 added new Subsec. (f) re fines for certain violations under this chapter; P.A.
99-225 amended Subsec. (f) to change the criminal penalty under that subsection to a civil penalty enforceable by a civil
action brought by the Attorney General, effective June 29, 1999; P.A. 01-204 amended Subsec. (f) to delete provisions re
violations of Secs. 22a-61(d) or (e), 23-61a(a) or 23-61b(a), to add provisions re assessment of civil penalty against certain
persons who are not certified as commercial applicators or who have an operational certificate, and to provide that civil
penalty be assessed for each day the violation continues, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective
date of P.A. 01-204 but without affecting this section; P.A. 02-89 amended Subsecs. (a) and (b) to replace references to
"sections 23-61b to 23-61d, inclusive" with references to "section 23-61b" and amended Subsec. (d) to make a technical
change and replace reference to "sections 23-61b to 23-61d, inclusive, and 23-61f" with reference to "sections 23-61b and
23-61f", reflecting repeal of Sec. 23-61d by the same public act; P.A. 03-19 made a technical change in Subsec. (f), effective
May 12, 2003.
Sec. 22a-64. Exemption from or suspension of provisions. Section 22a-64 is
repealed.
(P.A. 73-540, S. 19, 28; P.A. 77-529, S. 23.)
Sec. 22a-65. Commissioner's duties. Pesticide Advisory Council. (a) After public hearing, the commissioner may make regulations governing the disposal of any pesticide or any container therefor, to prevent pollution of any waterway and to protect plant
and animal life. Such regulations shall be consistent with Section 19(a) of FIFRA and
regulations promulgated thereunder.
(b) The commissioner shall, in cooperation with the college of agriculture and natural resources of The University of Connecticut, the Connecticut Agricultural Experiment
Station and other public agencies, publish information regarding proper application or
handling of pesticides and methods and precautions designed to prevent damage and
injury.
(c) The commissioner may undertake such monitoring activities, including but not
limited to monitoring in air, soil, water, man, plants and animals, as may be necessary
for the implementation of this part, subsection (a) of section 23-61a or section 23-61b,
and of the National Pesticide Monitoring Plan. Such activities shall be carried out in
cooperation with federal, state and local agencies.
(d) The commissioner shall establish a Pesticide Advisory Council consisting of,
but not limited to, the director of the Agricultural Experiment Station, the Commissioner
of Agriculture, the Commissioner of Public Health, and the dean of the college of agriculture of The University of Connecticut or their respective designees. The council shall
meet at least annually and the commissioner may consult with the Pesticide Advisory
Council on technical matters involving the application and use of pesticides, the determination of imminent hazards and the unreasonable adverse effects on the environment
before promulgating regulations or orders in carrying out this part, subsection (a) of
section 23-61a and sections 23-61b and 23-61f.
(P.A. 73-540, S. 20, 28; P.A. 77-529, S. 24; 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A.
96-180, S. 77, 166; P.A. 02-89, S. 64; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 77-529 substituted "disposal" for "discarding" of pesticides or containers in Subsec. (a) and required that
regulations be consistent with Section 19(a) of FIFRA and associated regulations; P.A. 77-614 replaced commissioner of
health with commissioner of health services in Subsec. (d), effective January 1, 1979; P.A. 93-381 replaced commissioner
of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health, effective July 1, 1995; P.A. 96-180 amended Subsec. (d) to delete a reference to repealed section 22a-64, effective
June 3, 1996; P.A. 02-89 amended Subsec. (c) to replace reference to "sections 23-61b to 23-61d, inclusive" with reference
to "section 23-61b" and amended Subsec. (d) to make a technical change and replace reference to "sections 23-61b to 23-61d, inclusive, and 23-61f" with reference to "sections 23-61b and 23-61f", reflecting repeal of Sec. 23-61d by the same
public act; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 22a-66. Commissioner's powers, hearings, regulations. (a) The commissioner is authorized to prescribe regulations to carry out the provisions of this part,
subsection (a) of section 23-61a and section 23-61b. Such regulations shall take into
account the difference in concept and usage between various classes of pesticides.
(b) The commissioner may exempt from the requirements of this part, subsection
(a) of section 23-61a and section 23-61b, by regulation any pesticide which the commissioner determines to be adequately regulated by another state or federal agency, in order
to carry out the purposes of this part, said subsection and said section.
(c) The commissioner, after notice and opportunity for hearing, is authorized:
(1) To declare a pest any form of plant or animal life, other than man and other
bacteria, virus and other microorganisms on or in living man or other living animals,
which is injurious to health or the environment;
(2) To determine any pesticide which contains any substance or substances in quantities highly toxic to man;
(3) To prescribe regulations requiring any pesticide to be colored or discolored if
the commissioner determines that such requirement is feasible and is necessary for the
protection of health and the environment. Such regulations shall be consistent with
Section 25(c) of FIFRA and regulations promulgated thereunder;
(4) To prohibit the use of any pesticides by officials of towns, cities or boroughs
or their agents when such use would result in unreasonable adverse effects on the environment;
(5) To prescribe regulations concerning the time, place, manner, methods, materials
and amounts and concentrations, in connection with the application of pesticides in
designated areas during specified periods of time and shall encompass all reasonable
factors which the commissioner deems necessary to prevent damage or injury by drift
or misapplication to:
(i) Plants including forage plants, or adjacent or nearby lands;
(ii) Wildlife in adjoining or nearby areas;
(iii) Fish and other aquatic life in waters in reasonable proximity to the area to be
treated;
(iv) Beneficial insects, animals or man.
(d) The commissioner is authorized to exercise all incidental powers including prescribing regulations, in accordance with the provisions of chapter 54, to comply with
FIFRA.
(P.A. 73-540, S. 21, 28; P.A. 77-529, S. 25, 26; P.A. 02-89, S. 65.)
History: P.A. 77-529 required that regulations under Subsec. (c)(3) be consistent with Section 25(c) of FIFRA and
associated regulations and added Subsec. (d) re incidental powers of commissioner; P.A. 02-89 amended Subsecs. (a) and
(b) to replace references to "sections 23-61b to 23-61d, inclusive" with references to "section 23-61b", reflecting repeal
of Sec. 23-61d by the same public act, and made technical changes in Subsecs. (b) and (c).
See chapter 54 re uniform administrative procedure.
Sec. 22a-66a. Notification of the application of pesticides. Registry. Regulations. Penalty. (a) A pesticide application business, prior to entering into a written or
oral agreement to apply a pesticide, shall provide to the person requesting the application
and the resident or manager of the property to be treated (1) notification of the registry
established pursuant to subsection (b) of this section and (2) a copy of that portion of
the pesticide label, as defined in section 22a-47, which states the product name and
registration number, the manufacturer, the active ingredients, the signal word, an emergency phone number, if listed, and any precautionary statements, including statements
on environmental hazards, human and animal hazards, emergency treatment and reentry.
Thereafter, the pesticide application business shall provide to such persons a copy of
those portions of the label that state such information for any other pesticide to be applied
prior to the initial application of such other pesticide. The provisions of subdivision (2)
of this subsection shall not apply to any outdoor application of a pesticide made by a
pesticide application business to maintain rights-of-way, facilities or equipment for an
electric public service company, provided such application is consistent with a pesticide
management plan approved in accordance with section 22a-66k.
(b) On or after the adoption of regulations pursuant to subsection (g) of this section,
a pesticide application business, prior to applying a pesticide within one hundred yards
of any property line, shall provide notice of the time and date of the application to any
owner or tenant who abuts the property to be treated and who requests notification.
Notification may be requested by submitting a form prescribed by the commissioner to
the pesticide application business or the commissioner. The form shall include the name,
address and telephone number of the person requesting notification and the best time
for notification and the name, address and telephone number, if listed in the directory,
of any person whose property abuts the property of the person requesting notification.
Each pesticide application business shall submit requests for notification to the commissioner who shall maintain a registry of persons requesting notification. A pesticide application business shall make not less than two attempts to notify any owner or tenant who
requests notification. Such attempts shall be made as early as practicable but not later
than twenty-four hours before the application. Notice may be by any method, including
telephone, mail or personal notification. If attempts at notification by the applicator fail,
an emergency application is necessary or best management practices of integrated pest
management, as defined in section 22-11a, recommend an immediate pesticide application to reduce the amount of pesticides that would otherwise be necessary, the pesticide
application business shall attempt to notify the owner or tenant in person immediately
prior to the application. Notice of the application and attempts at notification shall be
placed on the door of the person requesting notification if all notification attempts fail.
Any person who provides notice of an aircraft application of a pesticide pursuant to
regulations adopted under section 22a-66 shall not be required to provide notice under
this subsection.
(c) On or after the adoption of regulations pursuant to subsection (g), any person
making an outdoor application of a pesticide within one hundred yards of any property
line shall at the time of application post a sign notifying the public of the application at
any conspicuous point of entry. A commercial pesticide applicator making an application shall post a sign every one hundred fifty feet of road frontage of treated property
notifying the public of such application. Any sign posted pursuant to this subsection
shall comply with the requirements adopted pursuant to subsection (g) of this section.
The provisions of this subsection shall not apply to (1) noncommercial applications to
an area less than one hundred square feet or to a fenced area or (2) applications on land
that produces agricultural commodities from which gross sales in excess of one thousand
dollars were realized or can reasonably be expected to be realized during any calendar year.
(d) Notwithstanding the provisions of subsection (c) of this section, any person
making an outdoor application of a restricted use pesticide on land which produces
agricultural commodities shall post a sign notifying the public of such application (1)
at each conspicuous point of entry and (2) at every one hundred fifty feet of road frontage
of treated property if the application is within one hundred yards of any public road. If
the application is more than twenty-five feet from a public road, such person shall be
exempt from the requirements of subdivision (2) of this subsection for up to five hundred
square feet of an application. Any sign posted pursuant to this subsection may be posted
on a seasonal basis from the date of first application until the reentry period established
under FIFRA, as amended from time to time, has lapsed for the last pesticide used or
may be placed on an application-specific basis from the date of application until the
reentry period established under FIFRA has lapsed for such application. Any such sign
shall be maintained by the person making application in a readable manner provided
such person shall not be responsible for acts of vandalism to such sign. Any sign posted
pursuant to this subsection shall be not less than eight and one-half inches by eleven
inches in size and shall be in form substantially as follows:
ATTENTION
RESTRICTED USE PESTICIDES ARE IN USE
PLEASE AVOID THIS AREA
The use of these products is in compliance with state and federal law. This notice is
required by section 22a-66a of the general statutes.
The word "attention" shall be in letters at least one and one-half inches high, the words
"restricted use pesticides are in use, please avoid this area" shall be in letters at least
three-fourths of an inch high and any other wording on the sign shall be one-quarter of
an inch or smaller.
(e) On or after the adoption of regulations pursuant to subsection (g) of this section,
a pesticide application business or any other person authorized to apply a pesticide, prior
to applying a pesticide on a golf course, shall post a sign at the clubhouse and at the
first tee notifying the public of the application. Such sign shall comply with regulations
adopted by the Commissioner of Environmental Protection pursuant to said subsection (g).
(f) On or after the adoption of regulations pursuant to subsection (g), any wholesaler
or distributor selling pesticides to retail establishments shall make available to the owners of such retail establishments signs for notification of a pesticide application. Such
owner shall provide a sign to any purchaser of a pesticide requiring the posting of a sign
pursuant to subsection (c) of this section and shall display, at the point of sale, notice
of the requirements for signs pursuant to said subsection (c).
(g) On or before October 1, 1989, the commissioner shall adopt regulations in accordance with the provisions of chapter 54, establishing (1) specifications for signs
required pursuant to subsections (c) and (e) and provisions for posting of signs in retail
establishments and (2) procedures for compilation and maintenance of the registry required pursuant to subsection (b) of this section.
(h) Any pesticide application business or department, agency or institution of the
state or municipality prior to making a pesticide application in any lake or pond with
any public access owned by the state or municipality shall cause to be published notice
of the application in a newspaper of general circulation in each municipality in which
the lake or pond is located and shall post a sign notifying the public of the application
at each place of public access. Such sign shall comply with regulations adopted by
the commissioner pursuant to subsection (g) of this section. Any pesticide application
business prior to making a pesticide application on any private lake or pond with more
than one owner of shoreline property shall cause to be published notice of such application in a newspaper of general circulation in each municipality in which the lake or pond
is located.
(i) Notwithstanding the provisions of this section, neither the state nor any municipality nor any pesticide application business, public service company or railroad company shall be required to provide notice of any pesticide application made to rights-of-way, distribution lines and roadsides, including guardrails, except that an electric public
service company shall be required to comply with regulations adopted pursuant to subsection (b) of section 22a-66k concerning the on-site posting of a notice of pesticide
application.
(j) The Commissioner of Public Health, prior to spraying a seasonal larvicide for
mosquito control, shall cause to be published in a newspaper of general circulation in
the area of the spraying notice of such spraying. The Commissioner of Public Health
or any municipal or district health department, prior to adulticide spraying for mosquito
control, shall post a sign in the area of such spraying notifying the public of the spraying.
(k) Notwithstanding the provisions of section 22a-63, any person who violates any
provision of this section shall be fined not more than ninety dollars.
(P.A. 86-100; P.A. 87-261, S. 3; 87-298, S. 1; P.A. 88-247, S. 1; 88-364, S. 120, 123; P.A. 90-294, S. 1, 2; May Sp.
Sess. P.A. 92-11, S. 46, 70; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 87-261 amended Subsec. (a) to authorize submission of portion of the label rather than the entire label;
P.A. 87-298 inserted new Subsec. (b) re outdoor pesticide applications by commercial applicators to maintain electric
public service company rights-of-way and relettered the former Subsec. (b) as (c); P.A. 88-247 amended Subsec. (a) by
applying provisions to pesticide application businesses rather than commercial pesticide applicators and requiring notice
of the registry, inserted new Subsec. (b) re notification of abutting property owners, added Subsec. (c) re posting of signs
making an outdoor pesticide application, added Subsec. (d) re notice of pesticide applications at golf courses, added Subsec.
(e) re availability of signs from wholesalers or distributors selling pesticides, added Subsec. (f) re adoption of regulations,
added Subsec. (g) re pesticide applications to lakes or ponds with public access, added Subsec. (h) re notice of pesticide
applications made to rights-of-way, distribution lines and guardrails, added Subsec. (i) re larvicide and adulticide spraying
for mosquito control by the department of health services, making former Subsec. (b) a part of (a) and relettering former
Subsec. (c) as (j); P.A. 88-364 made a technical change in Subsec. (b); P.A. 90-294 inserted new Subsec. (d) re application
of restricted use pesticides on land which produces agricultural commodities and relettered the remaining Subsecs. effective
January 1, 1992; May Sp. Sess. 92-11 amended Subsec. (i) to require electric public service companies to comply with
certain regulations adopted pursuant to Subsec. (b) of Sec. 22a-66k; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995.
Sec. 22a-66b. Pesticide application businesses: Definitions. Compliance with
record maintenance requirements. (a) As used in this section and sections 22a-66c
to 22a-66j, inclusive:
(1) "Pesticide application business" means any business which wholly or in part
holds itself out for hire to apply or to recommend the application of a pesticide, as
defined in section 22a-47, or which, for compensation, applies or recommends the use
of a pesticide.
(2) "Place of business" means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial
transactions, arrangement of contracts, assignment of work and record-keeping, and
excluding buildings or locations used solely for storage of equipment or supplies or
telephone answering services.
(b) All certified applicators shall comply with the recording requirements in section
22a-66g.
(P.A. 86-353, S. 1; 86-403, S. 123, 132; P.A. 88-247, S. 3.)
History: P.A. 86-403 made technical changes; P.A. 88-247 redefined "pesticide application business" to delete provision
specifying that business must employ more than one certified applicator.
Sec. 22a-66c. Registration of pesticide application businesses. Application.
Fee. (a) No person shall engage in the operation of a pesticide application business
without first obtaining a certificate of registration from the Commissioner of Environmental Protection. Any person engaged in the operation of a pesticide application business on October 1, 1986, who submits an application for a certificate of registration to
the commissioner on or before December 31, 1986, may continue to operate until the
application for a certificate of registration is finally determined by the agency, and, in
the case of an application for a certificate of registration which has been denied, until
the last day for seeking review of the agency determination or a later date fixed by order
of a reviewing court. A certificate shall expire on the thirty-first day of August next
succeeding its issuance. A pesticide application business with more than one place of
business in the state or which operates under more than one name shall register and pay
the application fee for each place of business and for each business name.
(b) Application for a certificate shall be made on such form as the commissioner
may prescribe and with such information as the commissioner deems necessary to fulfill
the purposes of this section, section 22a-66b, and sections 22a-66d to 22a-66j, inclusive,
including, but not limited to: (1) The applicant's name and residential address; (2) the
name, address and telephone number of the place of business; and (3) the type of business. A pesticide application business shall notify the commissioner of any change in
the information contained in an application or in the status of the business as a pesticide
application business. The notification shall be submitted, in writing, not more than thirty
days after the change.
(c) An application for a certificate shall be accompanied by payment of a fee of one
hundred twenty dollars. The commissioner may waive payment of the fee for the initial
renewal of a certificate issued during the three months prior to expiration. A pesticide
application business which employs not more than one certified applicator shall be
exempt from payment of a fee. An application for a certificate or renewal shall not be
deemed to be complete or sufficient until the fee is paid in full. Funds received by the
commissioner in accordance with the provisions of this section shall be deposited in the
General Fund.
(d) Any business registered under this section shall display the registration number
assigned to it by the commissioner on the body of any motor vehicle used by it in the
course of business, in any newspaper advertisement for the business, on any billboard
advertisement for the business, and in any advertisement for the business placed in the
generally circulated telephone directory. Any such business shall further include the
number in any written contract it enters into for provision of pesticide application services.
(P.A. 86-353, S. 2; P.A. 88-247, S. 4; P.A. 91-369, S. 11, 36; P.A. 95-208, S. 5, 13; P.A. 98-229, S. 4; P.A. 99-225, S.
18, 33; June 30 Sp. Sess. P.A. 03-6, S. 114.)
History: P.A. 88-247 amended Subsec. (c) to exempt pesticide application businesses which employ not more than one
certified applicator from payment of the fee; P.A. 91-369 amended Subsec. (c) to modify the method of depositing the fee
into the emergency spill response fund; P.A. 95-208 amended Subsec. (c) to require that fees collected in accordance with
section be deposited in General Fund, rather than Emergency Spill Response Fund and deleted provision authorizing
commissioner to expend up to ten per cent of such fees for administrative expenses related to registration and collection
of such fees, effective July 1, 1995; P.A. 98-229 added new Subsec. (d) re display of registration numbers; P.A. 99-225
amended Subsec. (d) to specify advertisements in which the application business' registration number is required to be
displayed, effective June 29, 1999; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (c) to increase application fee from sixty
to one hundred twenty dollars, effective August 20, 2003.
Sec. 22a-66d. Action by the commissioner. (a) The commissioner shall, after
review of a complete application, issue or deny a certificate of registration. An applicant
shall be informed of a denial by certified mail, return receipt requested. A denial shall
briefly state the reasons therefor. Any person aggrieved by a decision to deny a certificate
may, within thirty days from the date such decision is deposited in the mail, request a
hearing before the commissioner. Such hearing shall be held in accordance with the
provisions of chapter 54.
(b) The commissioner may revoke or suspend a registration in accordance with the
provisions of section 4-182.
(P.A. 86-353, S. 3.)
Sec. 22a-66e. Grounds for denial. (a) The grounds for denial, revocation or suspension of a registration shall include, but not be limited to:
(1) Violation of any provision of this chapter, as amended, or any regulation, permit,
certificate, registration or order adopted, administered or issued pursuant thereto;
(2) Inclusion of false or misleading information in an application or failure to notify
the commissioner of a change as required by section 22a-66c;
(3) Inclusion of false or misleading information in records required to be maintained
pursuant to section 22a-66g, the failure to maintain such records, or the failure to provide
the commissioner with the records required by said section;
(4) Use of a pesticide in a manner inconsistent with the registered labeling or with
state or federal restrictions on the use of such pesticide;
(5) Application of pesticides generally known in the trade to be ineffective or improper for the intended use;
(6) Operation of faulty or unsafe equipment which may result in improper application or harm to the environment, the applicator or others from the pesticide;
(7) Application of a pesticide in a faulty, careless or negligent manner;
(8) Aiding or abetting a certified or uncertified person to evade the provisions of
this chapter, as amended, or any regulation, permit, certificate, registration or order
adopted, administered or issued pursuant thereto;
(9) The making of a false or misleading statement during an inspection or investigation concerning an infestation of pests, an accident in applying a pesticide, misuse of a
pesticide, or violation of a statute, regulation, certificate, registration or order;
(10) The performance of work, whether or not for compensation, in a category for
which the applicator is not certified; and
(11) The conviction of the applicant or pesticide application business of a felony
as defined in section 53a-25.
(b) Any pesticide application business whose certificate of registration is denied,
suspended or revoked shall not be eligible for a new certificate until such time has
elapsed from the date of the denial, suspension or revocation as has been established
by the commissioner.
(c) A new certificate or renewal of a certificate shall not be issued to a commercial
applicator unless the applicant has submitted the summary required pursuant to subsection (d) of section 22a-58, for the previous calendar year.
(P.A. 86-353, S. 4; P.A. 87-261, S. 4.)
History: P.A. 87-261 added new Subsec. (c) requiring submission of records prior to issuance of a certificate or renewal.
Sec. 22a-66f. Employment of commercial supervisory pesticide applicator.
The pesticide application business shall employ at each place of business, for each
category or subcategory in which it makes pesticide applications, not less than one
commercial supervisory pesticide applicator certified pursuant to section 22a-54 in that
category or subcategory.
(P.A. 86-353, S. 5.)
Sec. 22a-66g. Records. Availability. (a) A pesticide application business shall
maintain records for not less than five years from the date such record is made or
amended, whichever is later. The record shall indicate:
(1) For each application of a pesticide made on behalf of the business, (A) the name
and certification number of the commercial supervisor and the commercial operator,
(B) the kind and amount of pesticide used and the amount of acreage treated, if applicable, (C) the date and place of application, (D) the pest treated for, and (E) the crop or
site treated;
(2) A list of the names and corresponding Environmental Protection Agency registration numbers of any pesticide applied by the business, and
(3) The names and applicator certification numbers of all certified commercial pesticide applicators, operator or supervisory, who are employees or agents of the business,
and a list of the types of applications which each is performing.
(b) Information required under subdivision (2) of subsection (a) of this section may
be kept separately from the records required by subdivision (1) of said subsection or
may be integrated with such records by including on the record of each pesticide application the full name and Environmental Protection Agency registration number of the
pesticide used.
(c) All records and information required to be kept pursuant to this section shall be
kept at the registrant's place of business and may be inspected by the commissioner
pursuant to section 22a-59. If the registrant's place of business is outside of the state,
the records and information shall be made available to the commissioner at a location
in the state not more than ten days after receipt of a request for inspection from the
commissioner.
(d) A pesticide application business shall, upon written request, provide a customer
with a copy of the record which is required to be kept pursuant to this section and which
pertains to a pesticide application performed for that customer.
(P.A. 86-353, S. 6.)
Sec. 22a-66h. Penalties. Any person who violates any provision of sections 22a-66b to 22a-66j, inclusive, shall forfeit to the state a sum not to exceed five thousand
dollars per day for each day of violation. The Attorney General, upon complaint of the
commissioner, shall institute a civil action to recover such forfeiture in the superior
court for the judicial district of Hartford. All actions brought by the Attorney General
shall have precedence in the order of trial as provided in section 52-191.
(P.A. 86-353, S. 7; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective
September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993;
P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14,
1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective
July 1, 1995.
Sec. 22a-66i. Action of officer or agent deemed to be action of pesticide application business. In any proceeding regarding denial, suspension or revocation of a
certificate of registration, and any proceeding pursuant to section 22a-66h, the action,
omission or failure to act of any officer, agent or other person acting for or employed
by the pesticide application business shall also be deemed to be the action, omission or
failure to act of the pesticide application business as well as that of the person employed.
(P.A. 86-353, S. 8.)
Sec. 22a-66j. Regulations. The Commissioner of Environmental Protection may,
in accordance with the provisions of chapter 54, adopt such regulations as he deems
necessary to carry out the purposes of sections 22a-66b to 22a-66i, inclusive.
(P.A. 86-353, S. 9.)
Sec. 22a-66k. Utilities pesticide management plan. Notice of application. (a)
Each electric company, as defined in section 16-1, shall submit a utilities pesticide
management plan to the Commissioner of Environmental Protection for approval with
the concurrence of the Public Utilities Control Authority. A plan shall be revised at such
time as the electric company filing the plan or the commissioner determines provided
such plan shall be revised not less than once every five years.
(b) Any electric company, as defined in section 16-1, telephone company, as defined
in section 16-1 or telecommunications company, as defined in section 16-1, which provides for the application of a pesticide within a right-of-way maintained by such company shall ensure that owners, occupants or tenants of buildings or dwellings that are
located on property which abuts such right-of-way, or property within which such right-of-way lies, are notified at least forty-eight hours prior to the application. Notice may
be made by any method, including telephone, mail or personal notification. Any such
company which provides for the application of pesticides in connection with removal
of trees or brush from private property shall obtain the consent of the owner, occupant
or tenant of such property prior to the application. Notwithstanding the provisions of
section 23-65, any such company which provides for the application of pesticides to
any utility pole, after it has been installed, for purposes of maintaining, preserving or
extending the useful life of the pole shall post notice of such application on each such
pole.
(c) The commissioner shall adopt regulations in accordance with the provisions of
chapter 54 setting forth the contents of a pesticide management plan. Such regulations
shall include provisions for the on-site posting of a notice of a pesticide application. A
notice required by such regulations may be posted at the time of or after the application,
provided the time of such posting shall be sufficient to protect persons engaged in a
lawful public recreational use of any unimproved real property in which such application
is made.
(P.A. 87-298, S. 2; P.A. 97-97; P.A. 98-229, S. 7.)
History: P.A. 97-97 amended Subsec. (a) to require revision of pesticide management plans every five years, added
new Subsec. (b) re notice requirements for application of pesticides by utility companies, redesignated former Subsec. (b)
as Subsec. (c) and made technical changes; P.A. 98-229 amended Subsec. (b) to require that notice under this section be
given to occupants or tenants of certain property.
Sec. 22a-66l. Application of pesticides by state agencies. Review by Commissioner of Environmental Protection. Model integrated pest management plans. (a)
Each state department, agency or institution shall use integrated pest management at
facilities under its control if the Commissioner of Environmental Protection has provided model pest control management plans pertinent to such facilities.
(b) Each state agency which enters into a contract for services for pest control and
pesticide application may revise and maintain its bidding procedures to require contractors to supply integrated pest management services.
(c) The Commissioner of Environmental Protection shall annually review a sampling of state department, agency or institution pest control management plans required
by regulations adopted under subsection (e) of this section and may review any application of pesticides to determine whether a state department, agency, or institution acted
in accordance with subsection (a) of this section.
(d) The Commissioner of Environmental Protection may provide model pest control
management plans which incorporate integrated pest management for each appropriate
category of commercial pesticide certification which it offers. The commissioner shall,
within available resources, notify municipalities, school boards, and other political subdivisions of the state of the availability of the model plans for their use. The Commissioner of Environmental Protection shall consult with any state agency head in the development of any such plan for properties in the custody or control of such agency head.
(e) The Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health, shall adopt regulations in accordance with the provisions
of chapter 54 establishing requirements for the application of pesticides by any state
department, agency or institution. Such regulation shall include provisions for integrated
pest management methods to reduce the amount of pesticides used. Notwithstanding
the provisions of this section and any regulations adopted under this section, a pesticide
may be applied if the Commissioner of Public Health determines there is a public health
emergency or the Commissioner of Environmental Protection determines that such application is necessary for control of mosquitoes.
(f) The Commissioner of Environmental Protection shall develop and implement
a program to inform the public of the principles of integrated pest management and to
encourage its application in private properties.
(P.A. 88-247, S. 7, 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 97-242, S. 4.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-242 amended Subsec. (a)
to provide that state agencies shall use integrated pest management at their facilities if the Commissioner of Environmental
Protection has provided a model pest control management plan pertinent to such facilities, added new Subsecs. (b) to (d),
inclusive, re state contracts for pest control, re review of state agency pest control management plans and re model pest
control plans, respectively, redesignated former Subsec. (b) as Subsec. (e) and provided an exception to the requirements
of this section for application of pesticides for control of mosquitoes, and added new Subsec. (f) re a public information
program on integrated pest management.
See Sec. 22-11a for definition of "integrated pest management".
Secs. 22a-66m to 22a-66x. Reserved for future use.
PART II
SODIUM FLUOROACETATE. PESTICIDES IN STATE WATERS
Sec. 22a-66y. (Formerly Sec. 19-300t). Sale, use or possession of sodium fluoroacetate. No person shall (1) sell, except to competent federal, state or municipal
officers or pest control operators licensed by and qualified by special examination administered by the Commissioner of Environmental Protection, or receive in intrastate
commerce, any sodium fluoroacetate or any product containing any amount of sodium
fluoroacetate; or (2) use or have in his possession sodium fluoroacetate as a rodenticide
or for any other purpose except under such conditions and at such times and places as
may be established by regulations consistent with public health and the prevention of
accidental poisoning, issued by the commissioner, who is authorized to adopt such regulations in accordance with the provisions of chapter 54. The regulations shall include a
requirement for specific written permission of the commissioner stating the date and
place of each application permitted. Such pest control operators shall register, on or
before January first, annually, with the commissioner at a fee of two dollars in the manner
established by the commissioner.
(February, 1965, P.A. 225, S. 1; 1971, P.A. 872, S. 429; P.A. 82-472, S. 65, 183; P.A. 88-246, S. 2, 12; June 30 Sp.
Sess. P.A. 03-6, S. 115; P.A. 04-109, S. 6.)
History: 1971 act replaced "state board of pesticide control" with "commissioner", i.e. commissioner of environmental
protection; P.A. 82-472 replaced obsolete reference to Secs. 4-41 to 4-50 with reference to Ch. 54; Sec. 19-300t transferred
to Sec. 22a-66y in 1983; P.A. 88-246 deleted provisions regarding penalty but see Sec. 22a-63; June 30 Sp. Sess. P.A. 03-6 increased registration fee from one to two dollars, effective August 20, 2003; P.A. 04-109 made technical changes,
effective May 21, 2004.
Sec. 22a-66z. (Formerly Sec. 19-300u). Permits for use of pesticides in state
waters. The Commissioner of Environmental Protection may issue permits for the introduction of chemicals into the waters of the state for the control of aquatic vegetation,
fish populations or other aquatic organisms. Application for said permit shall be on
forms provided by the commissioner and shall be accompanied by a fee established by
the commissioner by regulations adopted in accordance with the provisions of chapter
54 provided the fee shall be not less than twenty dollars. No permit shall be issued
without prior approval, if the proposed application of chemicals involves areas tributary
to reservoirs, lakes, ponds or streams used for public water supply, by the Commissioner
of Public Health. Each permittee shall be responsible for any and all damages resulting
from the applications of any pesticide to control aquatic vegetation, fish populations or
other organisms. The commissioner, acting with the Department of Public Health, may
establish regulations governing the use of pesticides in the waters of the state, including
the marine district. The provisions of this section shall not apply to normal, emergency
or experimental operations of the Department of Environmental Protection, the Department of Public Health or public water supply utilities, except that chemicals may not
be applied to waters used for water supply furnished to the public or tributary to such
water supply without prior approval of the Department of Public Health. Enforcement
officers of the Department of Environmental Protection and the Department of Public
Health may enforce the provisions of this section.
(February, 1965, P.A. 271, S. 1; 1971, P.A. 872, S. 430; P.A. 77-614, S. 323, 610; P.A. 88-246, S. 3, 12; June Sp. Sess.
P.A. 91-12, S. 35, 55; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 116.)
History: 1971 act replaced references to state board of pesticide control, state board of fisheries and game, shellfish
commission and water resources commission with references to commissioner and department of environmental protection;
P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-300u
transferred to Sec. 22a-66z in 1983; P.A. 88-246 deleted provision re penalty but see Sec. 22a-63; June Sp. Sess. P.A. 91-12 established a fee for a certificate to apply pesticides; P.A. 93-381 replaced department and commissioner of health
services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 increased permit application fee from not less than ten
dollars to not less than twenty dollars, effective August 20, 2003.