1.8 Inspections, Prohibited Acts & Penalties
Key Takeaways
DEEP officers may enter at reasonable times to observe applications, inspect equipment, investigate damage claims, and take samples under CGS § 22a-59.
Using a pesticide inconsistently with its labeling and falsifying records are grounds to suspend or revoke Connecticut certification.
A commercial applicator who knowingly violates Chapter 441 faces a fine up to $5,000, up to one year in jail, or both.
Uncertified commercial application, or operators doing supervisory work, draws civil penalties of $1,000 to $2,000 per day.
Employee acts are deemed acts of the employer under CGS § 22a-63(d), so a business is liable for its technicians' violations.
1.8 Inspections, Prohibited Acts & Penalties
Knowing what happens when the rules are broken is part of every Connecticut exam. CGS Chapter 441 gives DEEP inspection and warrant powers (§ 22a-59), lists prohibited acts (§ 22a-61), sets grounds for denying, suspending, or revoking certification (§ 22a-61(f)), and establishes criminal fines and civil penalties (§ 22a-63). Separate penalty provisions cover businesses (§ 22a-66h), notice violations (§ 22a-66a(l)), and chlorpyrifos (§ 22a-61c).
DEEP Inspection Powers — CGS § 22a-59
DEEP officers or employees designated by the commissioner may enter at reasonable times any establishment or place where pesticides or devices are used, held for use, or held for distribution or sale, in order to:
- Observe pesticide applications.
- Determine whether the applicator is or should be certified.
- Determine whether the applicator has a proper permit to apply restricted use pesticides.
- Inspect equipment or devices used to apply pesticides.
- Inspect or investigate damage claims.
- Inspect or sample where pesticides are used, stored, distributed, or sold.
- Sample pesticides, devices, containers, and labeling released for shipment.
- Sample pesticides or devices that have been used, and their containers and labeling.
Procedural protections
- Before inspecting a place where pesticides are held for distribution or sale, the officer presents credentials and a written statement of the reason, including whether a violation is suspected. If none is suspected, another sufficient reason is given in writing.
- Inspections must begin and end with reasonable promptness.
- When samples are taken, the officer gives the owner or operator a receipt and, on request, a portion of each sample equal to what was kept. Analyses may be done by the Connecticut Agricultural Experiment Station, and results go promptly to the owner and to DEEP.
- When there is reason to believe a violation has occurred, officers may obtain warrants for entry, inspection of shipment records, and seizure of violative pesticides or devices (§ 22a-59(b)).
Applicators must also cooperate with record inspections. Refusing to keep required records, or refusing inspection or sampling, is itself a prohibited act (§ 22a-61(b)(2)).
Prohibited Acts — CGS § 22a-61
Selling and distributing (§ 22a-61(a))
It is unlawful to use, distribute, sell, hold for sale, ship, or deliver:
- any pesticide not registered in Connecticut;
- a registered pesticide with claims that differ substantially from its registration, or a composition that differs from its registration;
- a pesticide not colored or discolored as required;
- any adulterated or misbranded pesticide, or a misbranded device.
Adulterated means its strength or purity falls below the labeled standard, a substance has been substituted, or a valuable constituent has been removed (§ 22a-47(b)). Misbranded includes false or misleading labeling, non-conforming packaging, or imitating another pesticide (§ 22a-47(r)).
Use and conduct (§ 22a-61(b), (d), (e))
Key acts that applicators can commit:
- To detach, alter, deface, or destroy any labeling required under FIFRA.
- To refuse to keep records or refuse inspection or sampling.
- To use any registered pesticide in a manner inconsistent with its labeling or with Connecticut restrictions — the state counterpart of FIFRA § 12(a)(2)(G).
- To make restricted or permit-use pesticides available for use, or use them, other than as classified.
- To use a pesticide under an experimental use permit contrary to the permit.
- To violate any stop-sale, suspension, or cancellation order.
- To violate the school pesticide laws (§§ 10-231b to 10-231d) or the restricted-sale rules (§ 22a-57).
- To knowingly falsify any application, record, or report.
- For an uncertified person to advertise or solicit commercial application (§ 22a-61(d)).
- For an operational certificate holder to perform, advertise, or solicit any activity requiring a supervisory certificate (§ 22a-61(e)).
Public officials performing official duties are exempt from § 22a-61's prohibitions unless they are using restricted use pesticides (§ 22a-61(c)(3)).
Grounds to Deny, Suspend, or Revoke Certification — § 22a-61(f)
DEEP may refuse to grant or renew certification, or may suspend or revoke it after a hearing. Any violation of the pesticide laws applicable to certified applicators is a ground. The statute specifically lists:
| Ground | Example on the job |
|---|---|
| (A) Use inconsistent with labeling or state/federal restrictions | Exceeding the label rate; applying to an unlisted site |
| (B) Falsifying, or refusing to keep, required records | Back-filling records after an inspection notice |
| (C) Applying pesticides known in the trade to be ineffective or improper | Using a grass herbicide on broadleaf weeds |
| (D) Operating faulty or unsafe equipment | Leaking hoses, missing anti-siphon devices |
| (E) Faulty, careless, or negligent application | Drift onto a neighbor's vegetable garden |
| (F) Neglecting or refusing to comply with the law, regulations, or DEEP orders | Ignoring a corrective order |
| (G) Fraud or misrepresentation in applying for or renewing a permit or certification | Misstating experience or identity |
| (H) Not complying with limits in a permit or certification | Treating beyond an aquatic permit's limits |
| (I) Aiding or abetting evasion of the law | Letting an uncertified worker spray alone |
| (J) Allowing one's permit or certification to be used by another person | "Renting" a supervisor's number to another company |
| (K) False or misleading statements during an inspection or investigation | Misstating which product was used |
| (L) Working, paid or not, in a category without certification | A 7A supervisor treating turf for ticks |
| (M) Failing to submit required records | Not filing the January 31 summary |
DEEP must also review a certification when the applicator is convicted of a criminal FIFRA violation, receives a final EPA civil penalty order under FIFRA, or has a certification revoked in another state (§ 22a-61(f)(2)). After suspension or revocation, the person may not apply for a new certificate until the period set by the commissioner has passed.
Penalties — CGS § 22a-63 and Related Sections
| Violator / violation | Penalty |
|---|---|
| Registrant, commercial applicator, uncertified person performing or advertising commercial application, wholesaler, dealer, retailer, or distributor who knowingly violates Chapter 441, the school laws, or the arborist sections | Fine up to $5,000, imprisonment up to 1 year, or both (§ 22a-63(a)) |
| Private applicator or other person who knowingly violates them | Fine up to $1,000, imprisonment up to 30 days, or both (§ 22a-63(b)) |
| Using or revealing confidential formula information with intent to defraud | Fine up to $10,000, imprisonment up to 1 year, or both (§ 22a-63(c)) |
| Any person violating Chapter 441 or the school laws (civil) | Up to $2,500 per day the violation continues, through an Attorney General action in Hartford Superior Court (§ 22a-63(e)) |
| Uncertified person performing or soliciting commercial application, or operator performing supervisory work | $1,000 to $2,000 per day; up to $5,000 for a subsequent violation (§ 22a-63(f)) |
| Pesticide application business violating §§ 22a-66b to 22a-66j | Forfeiture up to $5,000 per day (§ 22a-66h) |
| Notice and posting violations under § 22a-66a | Fine up to $90 (§ 22a-66a(l)) |
| Chlorpyrifos golf course or nonagricultural use | Civil penalty up to $2,500 (§ 22a-61c) |
Vicarious responsibility
Under § 22a-63(d), the act, omission, or failure to act of any officer, agent, or employee is deemed also to be the act of the person employing them. A business owner cannot escape liability by blaming a technician; § 22a-66i applies the same rule to registered businesses.
Federal penalties also apply
Connecticut penalties are in addition to federal FIFRA penalties (Section 2.1). DEEP must review a certificate after a federal criminal conviction or final EPA civil penalty order.
Important
The operator manual summarizes the point: "To possess a junior operator's certificate is a privilege. Remember that it can be suspended or revoked if pesticides are misused or if pesticide laws and regulations are not followed."
What is the maximum criminal penalty for a Connecticut commercial applicator who knowingly violates the Pesticide Control Act?
A fine up to $90
A fine up to $10,000 and five years in prison
A fine up to $5,000, imprisonment up to one year, or both
A fine up to $1,000 and up to 30 days in jail
A DEEP inspector takes a tank-mix sample from an applicator's sprayer. What must the inspector provide?
A court warrant in every case before any inspection
A 30-day advance written notice before taking any sample
A receipt describing the sample and, if requested, an equal portion of the sample
Payment for the value of the pesticide sampled
A certified 7A general pest supervisor applies a tick treatment to a customer's lawn without 3A certification and without charging for it. How does Connecticut law treat this?
It is legal because ticks are listed on the product label
It is legal because no payment was received
It is legal if a junior operator does the actual spraying
It is a ground for denial, suspension, or revocation, because it is work in a category for which the applicator is not certified, whether or not for compensation
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