The provisions of Section 9.1 are no longer in effect.

[ 7:30-9.1 Mosquito/fly control

(a) No person shall apply any pesticide for the community or areawide control of the larval or adult forms of mosquitoes and/or flies (Order Diptera) unless the pesticide application conforms to New Jersey Agricultural Experiment Station Publication No. 40001-01-99, Insecticides Recommended for Mosquito Control in New Jersey, or the most current edition of this publication, which is incorporated herein by reference.

(b) The provisions of (a) above shall not apply to pesticide applications made for agricultural purposes.]

7:30-9.2 Mosquito/fly control permits

(a) No person shall apply any pesticide on a community or area wide basis for the control of larval or adult forms of mosquitoes and/or flies (in the Order Diptera) without having obtained a mosquito/fly control permit from the Department prior to the date of application.

(b) A mosquito/fly permit shall not be required:

1. If applications are for agricultural purposes; or
2. For programs which are conducted by or controlled by a county mosquito control agency pursuant to the provisions of the Mosquito Extermination statutes (N.J.S.A. 26:9-1 et seq.)

(c) Applications for a mosquito/fly Control permit shall be made on forms supplied by the Department at least 30 days prior to the intended pesticide application date.

1. All information requested on the form shall be submitted. This information includes but is not limited to the following:

i. The person/organization requesting treatment; ii. The applicator or applicator business performing the application; iii. The type of application; iv. The location of the area to be treated; v. The target site; vi. The target pests; vii. The method for determining when to spray; viii. The pesticides proposed for use; ix. A sketch or map of the treatment area; x. The application equipment; and xi. The equipment calibration and maintenance.

2. The Department may request additional information which it deems necessary to evaluate the proposed application.

3. The Department may require the submission of a report addressing the effectiveness of the treatment and any environmental effects as a condition of permit approval. The person performing the pesticide application shall submit such information to the Department at the time and in the format as specified on the approved mosquito/fly control permit.

4. The permittee shall notify the Department in writing of any proposed changes to the approved mosquito/fly control permit and receive written Department approval for such changes prior to a pesticide application being made under the changed conditions.

(d) Failure to submit any requested information or falsification of any information may result in the denial or revocation of a mosquito/fly control permit.

(e) A $5.00 fee may be charged for each permit.

(f) Any person administering a community or area wide mosquito control program shall contact and coordinate the program with any county mosquito control agency which exists in the county in which the application is to be made.

(g) All conditions for approval specified in a mosquito/fly control permit shall be fulfilled.

(h) The Department shall approve or deny a mosquito/fly control permit application within 30 days after the Department receives all information deemed necessary to evaluate the application.

(i) The Department may not require fulfillment of the formal permit application provisions of (c) above if the Department determines there is an emergency situation that warrants expedited review. (See the definition of "emergency" in N.J.A.C. 7:30-1.2.) This provision shall be exercised only if the information necessary to adequately review the permit is on file with the Department. Notification of an emergency situation shall be made to the Pesticide Control Program by calling (609) 984-6666.

(j) A mosquito/fly control permit shall not be transferable.