What You Need to Know

On June 18, 2009 the Minister of Environment announced changes to how lawn care pesticides will be managed in this Province including banning the use and sale of over 200 Over-the-Counter lawn care products. This ban focuses on products that are misused and overused, and which results in more pesticides being added to the environment than is necessary. In addition, there are Integrated Pest Management (IPM) provisions for lawncare professionals to significantly reduce their reliance on blanket treatments, and will instead promote spot treatment of problem areas.

There are no changes to legislation required; changes were be implemented under current provisions of the Pesticides Control Act.

Please find below more specific information on the program and how it may relate to you or your business:

• As of December 16, 2009 homeowners will no longer be able to buy or use products that meet the criteria of the Over-the-Counter banned list.
  
• If you cannot find your product on the Over-the-Counter banned list and are unsure whether the product is permitted, you may call the Department of Environment and Local Government, Stewardship Branch to get clarification at 1-800-561-4036 or email at [email protected]
  
• Homeowners still have access to ready-to-use lawn care products which do not meet the banned criteria.
  
• The official ban date was published in the Royal Gazette.
  

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• To purchase and apply commercial pesticides for lawn or turf management you are required to be enrolled in an Integrated Pest Management (IPM) program approved by the Department of Environment.
  
• Requirements of an approved IPM program includes: reporting and justification of treatments, and auditing and treatment limitations. Currently, one IPM program has been identified; it is overseen by the Plant Health Atlantic Council.
  
• Proof of IPM enrolment is required when submitting an application for the Landscape Pesticide Use Permit.
  
• Once enrolled in an acceptable IPM program, companies have two years to become fully accredited.
  
• As in other years a lawn care company applying pesticides is required to hold a valid pesticide operator's license and pesticide use permit from the Department of Environment.
  
• Each individual applicator working for a lawn care company is required to hold a valid class D1 pesticide applicator's certificate.
  
• Products containing 2,4-D are no longer available to lawn care applicators.
  
• The Department of Environment continues to issue Provincial Pesticide Use Permits; however, it has several conditions which include:
  - Routine blanket applications are not permitted. Treatment is limited to a maximum of 50% of turf area to any one property per season.
  - Requirement to have a flow meter on all gas/electric powered application equipment to ensure proper calibration and to record usage.
  
• An amendment to the Pesticide Use Permit may be issued to conduct blanket applications for insect infestations only. In order for a specific property to be considered for a special blanket treatment the lawn care company must submit a formal request to the Department outlining the rational for the treatment. There will be an additional cost of $50.00 for each property requested under this amendment process.

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Retailers of Domestic Products (Over-the-Counter)

• Since December 16, 2009 domestic retailers are no longer permitted to sell the products that meet the criteria of the Over-the-Counter Products banned list.
  
• The official date was published in the Royal Gazette. 
  

Retailers of Commercial Products (non-domestic products)

• As of December 16, 2009 commercial vendors were advised not to sell commercial pesticides which contain 2,4-D for the purpose of lawn care treatment, other than for golf course care.
  
• As in the past, commercial Vendors are expected to ensure individuals purchasing commercial lawn care pesticide have a valid Provincial Pesticide Applicators Certificate. In addition, they are also required to ensure those individuals purchasing commercial lawn care products have proof they are affiliated with an accredited IPM program that is endorsed by the Department of Environment.
  
• These conditions are part of the annual Pesticide Vendor's License which is issued by the Department of Environment.

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• Since December 16, 2009 golf course personnel purchasing commercial lawn care pesticide products from a licensed Pesticide Vendor will be required to show proof of their valid pesticides applicator certificate as well as affiliation with an acceptable Integrated Pest Management Program (IPM).
  
• Once enrolled in an acceptable IPM program, golf courses have two years to become fully accredited,
  
• Golf courses not wishing to become IPM accredited company may hire the services of a business/company that holds a Provincial Pesticide Use Permit.
  
• Golf courses can continue to purchase and use commercial 2, 4-D under the provisions of an IPM program.

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Manufactures/first importers were advised that products on the Over-the-Counter banned list are no longer sold into the Province, as resale within New Brunswick is prohibited.

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• Public education and outreach was one of the first tools used to promote compliance
  
• Inspections, investigations, orders and prosecutions are used to ensure compliance with the new ban.
  
• Violations under the Pesticides Control Act are subject to penalties outlined under the Provincial Offences Procedures Act (POPA). Penalties associated with this ban may range in fines from $240.00 to $5,120.00.

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• All IPM programs must meet the approval of the Department of Environment and require endorsement from the Department. For more information please contact the Department of Environment, Stewardship Branch at 1-800-561-4036.

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• These changes only affect lawn care and turf management.

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• Since December 16, 2009 turf managers purchasing commercial lawn care pesticide products from a Licensed Pesticide Vendor are required to show proof of their valid Pesticides Applicator Certificate as well as affiliation with an acceptable Integrated Pest Management Program (IPM).
  
• Turf managers working under these approved IPM programs are not permitted to conduct routine broadcast applications.
  
• Since December 16, 2009 turf managers are no longer permitted to use commercial 2, 4-D products for lawn care purposes.
  
• Turf managers not wishing to become IPM accredited may hire the services of a business/company that holds a Provincial Pesticide Use Permit.

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• Homeowners can contact their local Solid Waste Commission to arrange proper disposal during one of their household hazardous waste collection programs. Frequency of collection programs depends upon the Commission you are living in. A link to the Commission in your area can be obtained at: RecycleNB
  

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