NYSDEC Expiration of Enforcement Discretion Put in Place During Pandemic

NYSDEC Expiration of Enforcement Discretion Put in Place During Pandemic

Posted by: Admin, November 15, 2020

On April 7, 2020 the NYS Department of Environmental Conservation issued a letter announcing that they would exercise enforcement discretion with respect to certain provisions of the 6 NYCRR Part 325 regulations. This action was taken 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 Emergency Declaration, or any extensions issued thereto. The Emergency Declaration expired on September 23, 2020. Therefore, this enforcement discretion expired 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. Beginning November 24, 2020 certified pesticide applicators will be required to have a valid, current certification 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. The DEC will continue to waive assessing 6 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 can 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, pestmgt@dec.ny.gov or 518-402-8748.

Relief Funding for Losses Due to Covid-19 Still Available

The USDA has announced additional funds in a second round of Coronavirus Food Assistance Program payments (CFAP 2). Sign up is through December 11, 2020. Specialty crops, including floriculture and nursery, are included.

A complete list of eligible commodities, payment rates and calculations are available on farmers.gov/cfap. You can also contact Joanna Pontino at our local USDA Farm Service Agency office, 631-727-5666 or joanna.pontino@usda.gov.

Written by Cornell Cooperative Extension Suffolk County

Cornell Cooperative Extension (CCE) is a non-profit community education agency established in 1917. We are affiliated with Cornell University as part of the national land grant university system started in 1862. CCE Suffolk is a subordinate governmental agency with an educational mission that operates under a form of organization and administration approved by Cornell University as agent for the State of New York.

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