§ 33-0903. Purchase permits.\n 1. A purchase permit or certification identification card is required\nfor the purchase, possession or use of a restricted use pesticide.\n 2. Any person desiring such a permit shall file an application\ncontaining such information required by the commissioner and in a form\nprescribed by the commissioner. The commissioner shall examine the\napplication and shall issue or refuse to issue the permit requested\ntherein. The commissioner shall not issue a permit to so purchase,\npossess or use a particular pesticide if there is a reasonably less\ndangerous alternative available capable of performing the task required.\nThe commissioner shall impose whatever restrictions or conditions on the\npermit he deems appropriate in order to fully protect the public\ninterest.\n 3. Upon the purchase by a purchase permit holder of a restricted use\npesticide he shall present his purchase permit and have it cancelled by\nthe commercial permit holder selling the pesticide in a manner to be\nprescribed by the commissioner.\n 4. The reasons for the denial of an application or revocation of a\npermit may include, but not be limited to, the commissioner being\nsatisfied of one or more of the following:\n a. That any statement in the application or upon which the permit was\nissued, is or was false or misleading;\n b. That the applicant or permit holder failed to justify his need for\nthe quantity and types of restricted use pesticides requested;\n c. That the applicant or permit holder stored, applied, used or\ndisposed of any pesticide contrary to the registered labeled usage or\ncontrary to the conditions specified in his permit;\n d. That the applicant or permit holder has failed to comply with any\nprovisions of this article or rules and regulations of the department\nmade pursuant thereto; or\n e. That the applicant or permit holder has failed to demonstrate that\nhe has sufficient knowledge and experience concerning the proper use,\napplication and disposal of pesticides.\n 5. A formal hearing shall not be required and the commissioner's\ndecision in denying or revoking a permit shall be final unless the\napplicant or permit holder institutes a review within the time and in\nthe manner prescribed by article 78 of the Civil Practice Law and Rules.\n 6. The commissioner is authorized to exempt holders of a pesticide\napplicator certification from the requirement of obtaining a purchase\npermit as provided for herein. Such exemption shall apply only to those\nrestricted use pesticides designated by the commissioner.\n
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