Sec. 22a-50. Classification of pesticides, notice of changes. Registration fees, supplemental statements, prima facie evidence. Prohibition on use of neonicotinoids. Exemptions. (a) All pesticides which are registered shall be classified by the commissioner as acceptable for general use or for restricted use, provided if the commissioner determines that some of the uses for which the pesticide is registered should be for general use and that other uses for which it is registered should be for restricted use, he shall classify it for both general use and restricted use.
(b) In the event that the commissioner determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, or in accordance with a widespread and commonly recognized practice, will not cause unreasonable adverse effects on the environment, he will classify the pesticide, or the particular use or uses of the pesticide to which the determination applies for general use.
(c) In the event that the commissioner determines that the pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, or in accordance with a widespread and commonly recognized practice, may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator, he shall classify the pesticide, or the particular use or uses to which the determination applies, for restricted use as follows:
(1) If the commissioner classified a pesticide, or one or more uses of such pesticide, for restricted use because of a determination that the acute dermal or inhalation toxicity of the pesticide presents a hazard to the applicator or other persons, the pesticide shall be applied for any use to which the restricted classification applies only by a certified applicator or under the direct supervision of a certified applicator;
(2) If the commissioner classified a pesticide, or one or more uses of such pesticide, for restricted use because of a determination that its use without additional regulatory restriction may cause unreasonable adverse effects on the environment, the pesticide shall be applied for any use to which the determination applies only by a certified applicator or under the direct supervision of a certified applicator or subject to such other restrictions as the commissioner may provide by regulation.
(d) In the event that the commissioner determines that a general use or restricted use pesticide, when applied in accordance with its directions for use, warnings and cautions and for the uses for which it is registered, or for one or more of such uses, or in accordance with a widespread and commonly recognized practice, may usually cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator, he shall classify, the general use or restricted use pesticide, or the particular restricted use or uses to which the determination applies, for permit use. If the commissioner classifies a pesticide, or one or more uses of such pesticide for permit use, the pesticide shall be applied for any use to which the permit use classification applies only by or under the direct supervision of a permit holder. The commissioner shall establish guidelines for issuing permits pursuant to this subsection. The commissioner may restrict the permit to authorize that the pesticide be used only to control a particular pest or may restrict the location in which the pesticide may be used.
(e) In the event that the commissioner determines that a change in the classification of any use of a pesticide from general use to restricted use, from restricted use to permit use or from general use to permit use is necessary to prevent unreasonable adverse effects on the environment, he shall notify the registrant of such pesticide of such determination at least thirty days before making the change. The registrant, or other interested person with the concurrence of the registrant, may seek relief from such determination in accordance with section 22a-52.
(f) The commissioner shall change the classification of a pesticide from general use to restricted use in order to conform with the federal classification for such pesticide. The commissioner shall not be required to change the classification of a pesticide registered under this part to conform with a less restrictive federal classification.
(g) The registrant shall pay a fee of one hundred eighty-eight dollars per calendar year, or any portion thereof, for each pesticide registered and for each renewal of a registration. The commissioner may register a pesticide for a period of one year or a period of five years. For such five-year registrations, the commissioner shall establish regulations to phase in pesticide registration so that one fifth of the pesticides registered expire each year. The commissioner may register a pesticide for less than five years and prorate the registration fee accordingly to implement the regulations established pursuant to this subsection. The fees collected in accordance with this section shall be deposited in the General Fund.
(h) Products which have the same formulation, are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide may be registered as a single pesticide, and additional name and labels shall be added to the registration by supplemental statement.
(i) If the labeling or formulation for a pesticide is changed, the registration shall be amended to reflect such change if the commissioner determines that the change will not violate any provisions of this part.
(j) In no event shall registration of an article be construed as a defense for the commission of any offense under this part, subsection (a) of section 23-61a or section 23-61b, provided, if no cancellation proceedings are in effect, registration of a pesticide shall be prima facie evidence that the pesticide, its labeling and its packaging comply with the registration provisions of this part and said sections.
(k) In connection with the consideration of any registration under this part, the commissioner may consult with other state or federal agencies.
(l) (1) Not later than January 1, 2018, the commissioner shall classify all neonicotinoids, as defined in section 22-61k, that are labeled for treating plants, as restricted use pursuant to subdivision (2) of subsection (c) of this section.
(2) On and after October 1, 2027, except as provided in subdivision (3) of this subsection, no person shall use any pesticide that contains any neonicotinoid, as defined in section 22-61k, unless, upon receipt of a request, the Commissioner of Energy and Environmental Protection, after consultation with the director of the Connecticut Agricultural Experiment Station, determines that no other effective control option is available. In making any such determination, the commissioner shall consult with the director of the Connecticut Agricultural Experiment Station who may consult with the Pesticide Advisory Council, established pursuant to subdivision (d) of section 22a-65, to determine if such pesticide is the only effective control option available.
(3) The provisions of subdivision (2) of this subsection shall not apply to the use of any neonicotinoid for use in or application to: (A) Agriculture, as defined in subsection (q) of section 1-1, (B) seeds, (C) ornamental shrubbery, or (D) trees.
(4) The Commissioner of Energy and Environmental Protection may assess a civil penalty of not more than two thousand five hundred dollars to any person who violates the provisions of subdivision (2) of this subsection for each such violation.
(5) The provisions of subdivision (2) of this subsection shall not apply to any neonicotinoid that is not labeled for use on plants, including, but not limited to, neonicotinoids labeled for use in personal care products, pet care, veterinary use or indoor or structural pest control.
(m) Not later than January 1, 2026, the commissioner shall classify all second-generation anticoagulant rodenticides for restricted use pursuant to subdivision (2) of subsection (c) of this section. For the purposes of this subsection, “second-generation anticoagulant rodenticide” means any pesticide product containing any one of the following active ingredients: (1) Brodifacoum; (2) bromadiolone; (3) difenacoum; or (4) difethialone.
(P.A. 73-540, S. 5, 28; P.A. 74-338, S. 38, 94; P.A. 75-345, S. 1, 2; P.A. 77-529, S. 7, 8; P.A. 85-273, S. 1; 85-407, S. 6, 9; P.A. 86-364, S. 1; P.A. 91-369, S. 7, 36; P.A. 95-208, S. 1, 13; P.A. 97-242, S. 5; P.A. 02-89, S. 56; P.A. 03-278, S. 82; June 30 Sp. Sess. P.A. 03-6, S. 109; June Sp. Sess. P.A. 09-3, S. 397; P.A. 16-17, S. 3; P.A. 22-143, S. 11; P.A. 25-33, S. 31, 32.)
History: P.A. 74-338 substituted “regulation” for “registration” in Subsec. (c)(3); P.A. 75-345 Subsec. (c)(3) which had required court review of regulations upon petition by a person adversely affected; P.A. 77-529 substituted “certified” for “private” applicators in Subsec. (c), and, in Subsec. (f) made classification changes to achieve conformity with federal classifications mandatory, rather than optional and deleted provision requiring that registrant of a pesticide receive 30 days' notice before commissioner changes its classification; P.A. 85-273 made the provisions of Subsecs. (d) and (e) applicable to general use pesticides; P.A. 85-407 amended Subsec. (g) by increasing the amount of the fee from $50 to $150 until December 31, 1990, and requiring that such fees be credited to the emergency spill response fund; P.A. 86-364 amended Subsec. (g) by increasing the fee for registrations and renewals from $150 to $300 and changed date when fee becomes $50 from December 31, 1990, to December 31, 1991; P.A. 91-369 amended Subsec. (g) to delete a change in the amount of the fee which would have taken effect after December 31, 1991, and to modify method of deposit into fund; P.A. 95-208 amended Subsec. (g) 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 5% of such fees for administrative expenses related to collection of such fees, effective July 1, 1995; P.A. 97-242 amended Subsec. (g) to increase the registration fee to $500 and provided that $200 of such fee shall be deposited into the Environmental Quality Fund and used to carry out the purposes of Sec. 22a-66l; P.A. 02-89 amended Subsec. (j) to replace reference to “sections 23-61b to 23-61d, inclusive” with reference to “section 23-61”, reflecting repeal of Sec. 23-61d by the same public act; P.A. 03-278 made technical changes in Subsec. (j), effective July 9, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (g) to increase registration fee from $500 to $750, effective August 20, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (g) to increase fee from $750 to $940 and delete provision requiring a portion of fee to be deposited into Environmental Quality Fund; P.A. 16-17 added Subsec. (l) re commissioner to classify all neonicotinoids that are labeled for treating plants as restricted use, effective May 6, 2016; P.A. 22-143 amended Subsec. (g) to change registration fee from $940 to $188 per calendar year, or any portion thereof, delete provision re registration expires after 5 years, add provision re commissioner may register a pesticide for periods of 1 or 5 years and add provision re regulations for 5-year registrations, effective January 1, 2023; P.A. 25-33 amended Subsec. (l) to add Subdivs. (2) to (5), re prohibited use of neonicotinoids and exemptions to such prohibition, and added Subsec. (m) re classification of second-generation anticoagulant rodenticides as restricted use, effective June 10, 2025.
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Sec. 22a-54. Pesticide applicators, certification, classification, notice, fees; reciprocity; financial responsibility; aircraft, unmanned aircraft, tree, public employee applicators. (a) No individual shall use or supervise the use of any restricted use pesticide within this state at any time without a private or commercial certificate or permit issued in accordance with the provisions of this section, unless the use is under the direct supervision of a certified applicator; provided, any pesticide classified for restricted use by the administrator of the United States Environmental Protection Agency shall be used only by a certified applicator or under the direct supervision of a certified applicator. The commissioner shall have exclusive authority in the regulation of pesticide spraying, including, but not limited to, practices and procedures prior to and during any spraying, except as provided in section 22a-66z. The commissioner may by regulations adopted in accordance with the provisions of chapter 54 establish procedures for municipalities to designate watercourses or other sources of water which applicators may draw upon for pesticide spraying.
(b) There shall be two classifications for commercial applicators, supervisory and operational. Supervisory certification shall be required for commercial applicators who are responsible for deciding whether or not pesticides are to be employed, how they are to be mixed, where they are to be employed, what pesticides are to be used, the dosages and timing involved in the pesticide use and the methods of application and precautions to be taken in the use of such pesticides. Operational certification shall be required for commercial applicators who actively use pesticides in other than a supervisory capacity.
(c) The following provisions shall govern the certification of applicators:
(1) No person shall engage in commercial application of pesticides within this state at any time without a certificate issued in accordance with the provisions of this section. No person shall engage in the private application of restricted use pesticides without a certificate issued in accordance with the provisions of this section. Application for such certificate shall be made to the commissioner and shall contain such information regarding the applicant's qualifications and proposed operations and other relevant matters including, but not limited to, a knowledge of integrated pest management and the role of honey bees in agriculture, pesticides that are especially toxic to honey bees, and methods of application which minimize damage to honey bees, as the commissioner may require.
(2) The commissioner shall require the applicant to demonstrate, upon examination, that he possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and precautions to be taken in connection with their application.
(3) If the commissioner finds that the applicant is competent with respect to the use and handling of a pesticide or pesticides or a class or classes of pesticides, he shall certify the applicant to perform application within this state of such pesticide or pesticides or class or classes of pesticides. The certification shall be valid for five years and may be renewed by the commissioner with or without further examination. The commissioner may establish regulations for applicator certification so that one-fifth of the certificates expires each year. The commissioner may certify an applicator for less than five years and prorate the registration fee accordingly to implement the regulations established pursuant to this subsection. The certificate may restrict the applicant to the use of a certain type or types of equipment or materials, if the commissioner finds that the applicant is qualified to use only such type or types of equipment or materials.
(4) If the commissioner finds that the applicant is not competent with respect to the use and handling of a pesticide or pesticides or a class or classes of pesticides, the commissioner shall refuse to issue the applicant a certificate. The commissioner shall inform the applicant of the refusal in writing, giving the reasons for such refusal. Any person aggrieved by such a decision to deny certification may, within thirty days from date of issuance of such denial, request a hearing before the commissioner, which hearing shall be conducted in accordance with chapter 54.
(5) The commissioner may certify without examination any nonresident who is certified in another state under a law which provides substantially similar qualifications for certification and which grants similar privileges of certification without examination to residents of this state certified under the provisions of this section.
(d) When establishing standards for certification, the commissioner shall establish separate standards for supervisory and operational certificates for commercial applicators and separate standards for private applicators.
(e) The following provisions shall govern the certification of aircraft applicators:
(1) No person shall apply, offer to apply or cause to be applied any pesticide or fertilizer by aircraft without a certificate or permit issued in accordance with the provisions of this subsection.
(2) Upon application of any person qualified to fly an aircraft, the commissioner may issue a certificate for the application of pesticides or fertilizers by aircraft. Application for said certificate shall be on forms provided by the commissioner and shall be accompanied by a fee of fifty dollars.
(3) The commissioner may issue a permit to the owner of any crop or land, or to a representative designated by such owner, for application of pesticides or fertilizers by a certified aircraft applicator. 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. The commissioner may waive the application form and fee requirements imposed pursuant to regulations adopted in accordance with the provisions of chapter 54 in circumstances where application of broad spectrum chemical pesticides from the air is necessary to control specific vectors of human disease which pose an imminent threat to public health. The commissioner may require inspection of the crop or area and its immediate environs and approval as follows:
(A) For agricultural crops, nurseries and orchards, by the director of the Connecticut Agricultural Experiment Station;
(B) For rodent control, woodland spraying and mosquito control spraying, by the commissioner;
(C) For control of vectors of human disease, by the Commissioner of Public Health.
(4) The commissioner shall designate the kind and amount of pesticides permitted for use by aircraft. Permits for aircraft spraying in congested areas shall be issued only with the approval of the director of health of the municipality in which the operation is to be conducted except in circumstances where the commissioner determines that the application of broad spectrum chemical pesticides from the air is necessary to control specific vectors of human disease which pose an imminent threat to public health.
(5) (A) The commissioner, with the advice of the Commissioner of Transportation, may adopt such regulations as are necessary for the protection of public health, aquatic and animal life and public and private property, governing:
(i) The type of aircraft to be used;
(ii) The hours during which aircraft may be so used;
(iii) The wind and weather conditions under which aircraft spraying or dusting may be performed;
(iv) The minimum area on which aircraft spraying or dusting may be done; and
(v) The amount of public liability and property damage insurance to be carried by the aircraft applicator.
(B) Not later than March 1, 2026, the commissioner shall amend the regulations adopted pursuant to this subdivision to authorize the use of unmanned aircrafts to analyze, treat and apply pesticides and fertilizers to crops and for the planting of seeds by any person who is: (i) Licensed by the Federal Aviation Administration to operate such unmanned aircrafts, and (ii) a licensed commercial or private pesticide applicator.
(6) No person may apply pesticides or fungicides by aircraft or by misting-type devices to shade tobacco crops within three hundred feet of an inhabited residential building for which a certificate of occupancy was issued prior to January 1, 1997, without the written permission of the owner of such building, except spray applications may be administered within the confines of the netting. This subdivision shall not apply to an application of pesticides or fungicides to land which was poled for the cultivation of shade tobacco between January 1, 1994, and January 1, 1997.
(f) (1) The commissioner may by regulation adopted in accordance with the provisions of chapter 54 prescribe fees for applicants to defray the cost of administering examinations and assisting in carrying out the purposes of section 22a-451, except the fees for certification and renewal of a certification shall be as follows: (A) For supervisory certification as a commercial applicator, two hundred eighty-five dollars; (B) for operational certification as a commercial applicator, eighty dollars; and (C) for certification as a private applicator, one hundred dollars. A federal, state or municipal employee who applies pesticides solely as part of his employment shall be exempt from payment of a fee. Any certificate issued to a federal, state or municipal employee for which a fee has not been paid shall be void if the holder leaves government employment. The fees collected in accordance with this section shall be deposited in the General Fund.
(2) Not less than sixty days before the date of expiration of a certification, the commissioner shall provide notice of expiration and a renewal application to each holder of a certification. If a signed renewal application accompanied by the applicable renewal fee is not received by the commissioner on or before midnight of the expiration date, or if the expiration date is a Saturday, Sunday or a legal holiday, on or before midnight of the next business day, the certification shall automatically lapse. Failure of a holder of a certification to receive a notice of expiration and renewal application shall not prevent a lapse of a certification.
(3) The commissioner may renew any certification issued pursuant to this section for the holder of a certification that has lapsed less than one year, provided the holder of such certification submits to the commissioner a signed renewal application, payment of the applicable renewal fee and any late fee. Such late fee shall be calculated as follows: Beginning on the first day that such certification lapses, ten per cent of the applicable renewal fee plus one and one-quarter per cent per month, or part thereof, for a period not to exceed one year. Any holder of a certification that has lapsed one year or more shall be examined in accordance with the requirements of this section and any regulation adopted pursuant to the provisions of this section.
(g) The commissioner may require any person engaged in the commercial or aircraft application of pesticides to furnish proof of financial responsibility to satisfy claims for damages on account of any physical injuries suffered by any person or damage to property by reason of any act or omission on the part of the applicator, or the agents or employees of the applicator. The Commissioner of Energy and Environmental Protection in consultation with the Insurance Commissioner shall determine the amount, character and form of financial responsibility. No person shall engage in the aircraft application of pesticides or fertilizers until the Insurance Commissioner has reviewed and approved such applicator's proof of financial responsibility.
(h) The commissioner shall prescribe standards for certification of arborists, as defined in subsection (a) of section 23-61a, with respect to the application of pesticides. The standards shall provide that in order to be certified, an individual shall be competent with respect to the use and handling of the pesticide or class of pesticides covered by such individual's application. The commissioner may designate as his agent the Tree Protection Examining Board for the administration of any standards or examinations prescribed by the commissioner pursuant to this section.
(i) Federal, state and municipal employees who use or supervise the use of restricted or permit use pesticides shall be certified in conformance with this section.
(j) The commissioner may require the display of a decal or other evidence, indicating that a commercial applicator has met the requirements of this part, in a prominent place on any licensed vehicle used in the applicator's spraying operations. A fee may be charged to the certified applicator by the commissioner to cover the cost of the decals or other evidence.
(P.A. 73-540, S. 6, 28; P.A. 75-551, S. 3-6; P.A. 77-206, S. 11; 77-529, S. 9-14; 77-614, S. 323, 610; P.A. 82-158, S. 1, 6; P.A. 83-108, S. 1; 83-193; 83-587, S. 45, 46, 73, 96; P.A. 85-407, S. 5, 9; P.A. 86-364, S. 2; P.A. 88-247, S. 8, 12; P.A. 91-369, S. 8, 36; June Sp. Sess. P.A. 91-12, S. 36, 55; P.A. 92-162, S. 3, 25; P.A. 93-381, S. 9, 39; P.A. 95-208, S. 2, 13; 95-257, S. 12, 21, 58; P.A. 97-289, S. 6, 9; P.A. 98-171, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 110, 111; June Sp. Sess. P.A. 09-3, S. 398; P.A. 11-80, S. 1; P.A. 22-143, S. 10; P.A. 25-152, S. 7.)
History: P.A. 75-551 amended Subsec. (a) to prohibit use of pesticide without a license unless use is under direct supervision of a certified applicator, amended Subsec. (c)(3) to allow commissioner to establish licensure guidelines and to prorate fees for licenses issued for less than five years, amended Subsec. (h) to clarify nature of “standards for commercial tree workers” and amended Subsec. (i) to require licensure in conformity with Sec. 22a-54 rather than in conformity with “standards for operational licenses for commercial applicators”; P.A. 77-206 substituted “arborists” for “commercial tree workers” in Subsec. (h); P.A. 77-529 amended Subsec. (a) to delete provisions empowering commissioner to prescribe licensing standards for private, commercial and aircraft applicators and detailing the nature of such standards, to refer to private or commercial certificates or permits rather than to licenses and to add proviso re pesticides classified for restricted use, rephrased Subsecs. (b), (c), (f) and (h) to conform to changes made in Subsec. (a) and for clarity, added provision re appeals in Subsec. (c)(4) and added Subsec. (j) re decals; P.A. 77-614 substituted commissioner of health services for commissioner of health in Subsec. (e)(3)(iii), effective January 1, 1979; P.A. 82-158 substituted references to certificates and certification for references to licenses and licensure and made other technical corrections; P.A. 83-108 amended Subsec. (g) by replacing provision authorizing environmental protection commissioner to determine nature of proof of financial responsibility with provision including insurance commissioner in determination process and adding provision prohibiting the aircraft application of pesticides until the commissioner of insurance has approved proof of financial responsibility; P.A. 83-193 amended Subsec. (a) by giving the commissioner exclusive authority in the regulation of pesticide spraying; P.A. 83-587 made technical changes in Subsecs. (b), (g) and (j); P.A. 85-407 amended Subsec. (f) by adding provisions authorizing regulations concerning Sec. 22a-451 and requiring fees to be deposited in the emergency spill response fund; P.A. 86-364 amended Subsec. (f) by deleting reference to use of fees to defray the cost of processing applications for certification and establishing fee schedule for certification and renewal of various types of certification; P.A. 88-247 amended Subsec. (c)(1) to authorize that applicants be tested for knowledge of integrated pest management; P.A. 91-369 amended Subsec. (f) to delete changes in the amount of the fees which would have taken effect after December 31, 1991; June Sp. Sess. P.A. 91-12 in Subsec. (e)(2) and (3) established a fee for a certificate to apply pesticides; P.A. 92-162 amended Subsec. (e) to make crop inspections prior to issuance of permits under this section discretionary rather than mandatory; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-208 amended Subsec. (f) 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 5% of such fees for administrative expenses related to collection of such fees, effective July 1, 1995; 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. 97-289 amended Subsec. (e)(3) and (4) to allow for expedited approval of aerial spraying of pesticides in cases of threat to public health, effective July 1, 1997; P.A. 98-171 added Subsec. (e)(6) re application of pesticides to certain tobacco cropland, effective June 4, 1998; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (e)(2) to change application fee for certificate of application of pesticides by aircraft from not less than $25 to $50 and to delete language re establishment of fees by regulation and amended Subsec. (f) to change fee for supervisory certification as a commercial applicator from $150 to $225, fee for operational certification as a commercial applicator from $20 to $40, and fee for certification as a private applicator from $25 to $50, effective August 20, 2003; June Sp. Sess. P.A. 09-3 amended Subsecs. (e)(3) and (f) to increase fees; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (g), effective July 1, 2011; P.A. 22-143 amended Subsec. (f) to designate existing provisions as Subdiv. (1), make technical changes, add provision re regulations be adopted in accordance with Ch. 54 and added Subdiv. (2) re notice of expiration from the commissioner and lapse of certification and Subdiv. (3) re renewal of certification that has lapsed less than 1 year and requirements for certification that has lapsed for more than 1 year, effective May 31, 2022; P.A. 25-152 amended Subsec. (e)(5) to designate existing provisions as Subpara. (A) and add Subpara. (B) re amendment of regulations for use of unmanned aircraft for application of pesticides and fertilizers to crops, effective July 1, 2025.
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