PESTICIDE COMPLIANCE SECTION

The Pesticide Compliance group works to promote and ensure safe use of agricultural, horticultural, and structural pesticides in New Mexico. Through education and enforcement, NMDA ensures compliance with Federal and State laws related to pesticides. Activities include applicator certification and licensing, worker protection and safety, pesticide registration, protection of water and endangered species from pesticides, and tip/complaint investigation.

What is a pesticide?

A pesticide is any substance intended for:

1. preventing, destroying, repelling, or mitigating any pest, including weeds;
2. causing the leaves to drop from a plant;
3. artificially accelerating the drying of plant tissue; or
4. accelerating or retarding the rate of growth, maturation or otherwise altering the behavior of plants.

Pesticides include insecticides, herbicides, fungicides and other microbiocides, and certain disinfectants and sterilizers. They are classified (by US EPA and by NMDA) as either "general-use" or "restricted-use" pesticides. General-use pesticides are considered safe for use by the average person as long as they follow label directions. Using restricted-use pesticides requires more knowledge to prevent exposure or adverse effects on the environment.

You need a pesticide applicator license if you:

• Apply any pesticide (including general-use pesticides) for hire

• Inspect structures for termites or other wood-destroying organisms

• Want to purchase, use or recommend restricted-use pesticides

Types of Pesticide Applicator Licenses: 

• Commercial Applicators - Anyone who applies pesticides (including herbicides) for hire
• Private Applicators - Farmers and ranchers who use pesticides in their agricultural production
• Public Applicators - Employees of governmental entities whose job duties include pesticide applications (weed control, vector control, etc.) 
  
• Pest Management Consultants - Persons who make recommendations regarding the use of pesticides but never actually apply pesticides
• Noncommercial Applicators - Property owners or managers who use pesticides only at their place of business (apartment complexes, building managers, store owners, etc.)
• Pesticide Dealers - Businesses that sell restricted-use pesticides

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Pesticide Registration

All pesticides must be registered by NMDA before they can be sold or used in New Mexico. "Pesticides" include insecticides, herbicides, sanitizers and sterilizers that kill bacteria and viruses, growth regulators and defoliants, and any other product that claims to:

1. prevent, destroy, repel, or mitigate any pest;
2. cause leaves to drop from a plant (defoliants);
3. artificially accelerate the drying of plant tissue; or
4. modify growth or maturation rate or otherwise alter the physiology of plants (except plant foods).

 To search New Mexico registrations or for information on registering a pesticide in New Mexico, go here.

Worker Safety

NMDA works to promote safety of any occupational users of pesticides as well as agricultural workers who may be exposed to pesticides in the course of their labor. The Worker Protection Standard requires agricultural employers to provide specific training and information to their employees who may handle pesticides or work in farms, forests, greenhouses or nurseries where pesticides are applied.

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