Hemp Update #19

Harvesting Soon…. Filing Harvest Reports?

NYSDAM requires you to inform them 21 days before you plan to harvest so they can send an inspector to sample the crop for THC analysis.  To request a sampling; a harvest report is required.  The report is available here:


If it has been a couple of weeks since you filed, and you have not heard from an inspector for an appointment to visit, be sure to call or e-mail the DAM to follow up on your inspection. 

Basics of Pesticide Application

Now that DEC has released a list of pesticides that hemp producers can utilize for crop production and so many producers are new to commercial production some familiarization with NYSDEC laws on pest management will be helpful.

What is a Pesticide?

Simply speaking, it is any compound that is designed and applied to control a pest.  The law states:

(1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans/or other animals, which the department shall declare to be a pest; and

(2) any substance or mixture of substances intended as a plant regulator, defoliant or desiccant.

When is a Pesticide in Use?

(1)   Pesticide use means performance of the following pesticide-related activities: application; mixing; loading; transport, storage or handling after manufacturer’s seal is broken; cleaning of pesticide application equipment; and any required preparation for container disposal

(2)   Private application of pesticides means the application of a restricted use pesticide for the purpose of producing an agricultural commodity:

                                                              i.      on property owned or rented by the applicator or the applicator’s employer; or

                                                             ii.      if applied without compensation other than the barter of personal services between producers of agricultural commodities, on property owned or rented by a party to such a barter transaction.

What is an Agricultural Commodity?

Agricultural commodity means any plant or part thereof, or animal, or animal product, produced by an individual (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable individuals) primarily for sale, consumption, propagation or other use by humans or animals.  Hemp is considered an agricultural commodity.

What is a Restricted Use Pesticide?

Some pesticides, due to their environmental risk or risk to handler must only be applied by a licensed professional/certified applicator or under their supervision.    Read more about those here:https://www.dec.ny.gov/docs/materials_minerals_pdf/nysactiveingredrev.pdf

How Do I Become a Licensed Professional?

Even if you do not apply, or intend to apply restricted use pesticides, it is a best practice to become a private applicator for your agricultural business.  The process of becoming a certified applicator provides training and testing that is foundational to best application practices that are critical to understanding safety and efficacy.   Certification also allows to to perform Worker Protection Training (see below).

What is a 25(b) Exempt (Minimum Risk) Product?

Currently, the DEC does not require registration of Minimum Risk Pesticide products, which are also sometimes referred to as 25(b)’s. However, products must conform to the USEPA exemption guidelines.  These products have labels but not EPA registration numbers and have been approved to be exempt from registration due to their minimal risk to applicators and the environment.  These are commercially available though and only the specific formulation that has been granted a 25(b) is a legal application under the exemption. 

What Should I Know About Minimum Risk Pesticides?

·         Products must only contain permitted active and inert ingredients, and they must appear on the label as listed in the USEPA guidance. For example, garlic must appear as “garlic” and not “Allium sativum”, the scientific name for garlic.

·         The percent (%) by weight of each active ingredient and name of each inert ingredient must be listed on the label.

·         Labels must contain adequate use directions and cannot contain any false and/or misleading statements.

·         Products cannot be used on food and/or feed crops unless there is an appropriate tolerance or exemption from tolerance in accordance with FIFRA. The USEPA denotes which active ingredients are allowed for use on food and/or feed crops.

·         Active ingredients and inert ingredients are not interchangeable on the pesticide label. An active ingredient cannot be listed as an inert ingredient in order for the product to be considered exempt from registration. For example, diatomaceous earth, acetic acid, and wintergreen oil are not exempt active ingredients and must not be listed as an inert ingredient if that is not their actual purpose in the product.

·         Products not conforming to all exemption guidelines would not be considered a Minimum Risk Pesticide exempt from registration and would require USEPA registration as well as subsequent NY state registration.

Sometimes farmers ask if they can formulate their own pesticides from ingredients that might be are the ingredients in labeled product, often ingredients in 25(b) products.  This is not permitted. Gardeners may utilize substances like baking soda, dish sops and other household botanical extracts etc.  Commercial producers may not.  Pesticides applied to commercial fields need to be commercial products that have labels that have been approved or specifically exempted under 25(b).

All other NYS pesticide Use Regulations Still Apply to Minimum Risk Pesticides Such as:

·         Minimum Risk Pesticides applied commercially or for hire still require application by a NYS Certified Applicator.

·         Certified applicators must maintain adequate daily use records for all pesticides used, including Minimum Risk Pesticides. However, use of Minimum Risk Pesticides are not required to be reported to the DEC as outlined in the Pesticide Reporting Law.

  • Please be aware that due to the various NYS requirements for aquatic pesticides, aquatic use of Minimum Risk Pesticides is not allowed.

What are the Requirements for Use of a Pesticide?

(1)   Pesticides must be used in such a manner and under such wind and other conditions as to prevent contamination of people, pets, fish, wildlife, crops, property, structures, lands, pasturage or waters adjacent to the area of use.

(2)   Pesticides are to be used only in accordance with label and labeling directions or as modified or expanded and approved by the department.

(3)   All equipment containing pesticides and drawing water from any water source shall have an effective anti-siphon device to prevent backflow.

(4)   During pesticide use, the certified applicator, certified technician or commercial pesticide apprentice must have in their custody a copy of the label for each pesticide being used. The certified applicator, certified technician or commercial pesticide apprentice must make each label available for inspection upon request of the department.

All pesticide applications to agricultural commodities must conform to EPA Worker Protection Standard Regulations unless specifically exempted.


Sources:  https://www.dec.ny.gov/chemical/8528.html

All Italics are selections from Part 325 however, not in the order presented: https://www.dec.ny.gov/regulations/8527.html

What Applications Can be Made?

From DEC:

We updated our database to add a designation for hemp. We updated the records for products that we have been asked about to date. If anyone has a question regarding a product, send it to us for a determination and we will update the database.

This is the main NYSPAD link: http://www.dec.ny.gov/nyspad

Select products search. Click on Advanced Search to open up the search options. In the Use/Type box select HEMP (INDUSTRIAL) in the Pesticide Use dropdown box and then click search. The search currently returns 33 results. That will increase as we add products.

Miss the Geneva Field Day?

See the video here: https://hemp.cals.cornell.edu/2019/08/16/video-2019-cornell-hemp-field-day/

Upstate House Magazine Features Hemp: