[As pulled from NYS Assembly web site http://assembly.state.ny.us/leg/?cl=37&a=146]

 

Environmental Conservation

TITLE 10
SPECIAL REQUIREMENTS FOR COMMERCIAL
AND RESIDENTIAL
LAWN APPLICATIONS
Section 33-1001. Requirements and restrictions.
33-1003. Visual notification.
33-1004. Lawn applications; certain municipalities.
*33-1005. Rules and regulations.
* NB There are 2 S 33-1005`s
*33-1005*. Commissioner`s regulations.
* NB There are 2 S 33-1005`s

S 33-1001. Requirements and restrictions.
1. Prior to any commercial lawn application the applicator shall enter
into a written contract with the owner of the property or his agent
specifying the approximate date or dates of application, number of
applications, and total cost for the service to be provided and shall
supply the property owner or his agent with a written copy in at least
12 point type of:
a. a list of substances to be applied including brand names and
generic names of active ingredients;
b. any warnings that appear on the label of pesticides to be applied
that are pertinent to the protection of humans, animals or the
environment; and
c. the company name, address, telephone number, business registration
number and applicator certification identification card number.
2. In the event that application on the date or dates specified
becomes infeasible, the person who is to provide such application shall
give the owner or his agent oral or written notice of the proposed
alternate date or dates, and shall receive acceptance of such alternate
date or dates from the owner or his agent prior to initiating commercial
lawn application.
3. Persons providing commercial lawn applications shall maintain
copies of all contracts required pursuant to subdivision one of this
section.

S 33-1003. Visual notification.
1. All persons providing commercial lawn application shall affix
markers to be placed within or along the perimeter of the area where
pesticides will be applied. Markers are to be placed so as to be clearly
visible to persons immediately outside the perimeter of such property.
Such markers shall be posted at least twelve inches above the ground and
shall be at least four inches by five inches in size.
2. The markers required pursuant to this section shall be in place on
the day during which the pesticide is being applied and shall instruct
persons not to enter the property and not to remove the signs for a
period of at least twenty-four hours. Such instruction shall be printed
boldly in letters at least three-eighths of an inch in height.

S 33-1004. Lawn applications; certain municipalities.
1. Notwithstanding any other provision of law to the contrary, any
county not contained entirely within a city, and any city with a
population of one million or more, may, after public hearing, adopt a
local law comprised of the following provisions in their entirety and
without exception including all applicable definitions as provided in
this article:
a. All retail establishments that sell general use pesticides for
commercial or residential lawn application shall display a sign meeting
standards, established by the commissioner pursuant to subdivision one
of section 33-1005 of this article, in a conspicuous place, and such
sign shall be placed as close as possible to the place where such
pesticides are displayed.
b. (i) At least forty-eight hours prior to any commercial lawn
application of a pesticide, the person or business making such
application shall supply written notice, as defined in subdivision three
of section 33-1005 of this article, to occupants of all dwellings, as
defined in paragraph d of subdivision five of section 33-0905 of this
article, on abutting property with a boundary that is within one hundred
fifty feet of the site of such application; and to owners, owners`
agents, or other persons in a position of authority for all other types
of premises, as defined in paragraph d of subdivision five of section
33-0905 of this article, that are on abutting property with a boundary
that is within one hundred fifty feet of the site of such application.
Owners or owners` agents of multiple family dwellings shall supply such
written notice to the occupants of such multiple family dwellings and
for all other types of premises, owners, owners` agents or other persons
in a position of authority shall post such written notice in a manner
specified by the commissioner.
(ii) The prior notification provisions of this paragraph shall not
apply to the following:
A. the application of anti-microbial pesticides and anti-microbial
products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)
(2);
B. the use of an aerosol product with a directed spray, in containers
of eighteen fluid ounces or less, when used to protect individuals from
an imminent threat from stinging and biting insects, including venomous
spiders, bees, wasps and hornets. This section shall not exempt from
notification the use of any fogger product or aerosol product that
discharges to a wide area;
C. the use of non-volatile insect or rodent bait in a tamper resistant
container;
D. the application of a pesticide classified by the United States
Environmental Protection Agency as an exempt material under 40 CFR Part
152.25;
E. the application of a pesticide which the United States
Environmental Protection Agency has determined satisfies its reduced
risk criteria, including a biopesticide;
F. the use of boric acid and disodium octaborate tetrahydrate;
G. the use of horticultural soap and oils that do not contain
synthetic pesticides or synergists;
H. the application of a granular pesticide, where granular pesticide
means any ground applied solid pesticide that is not a dust or powder;
I. the application of a pesticide by direct injection into a plant or
the ground;
J. the spot application of a pesticide, where spot application means
the application of pesticide in a manually pressurized or
non-pressurized container of thirty-two fluid ounces or less to an area
of ground less than nine square feet;
K. the application of a pesticide to the ground or turf of any
cemetery; and
L. an emergency application of a pesticide when necessary to protect
against an imminent threat to human health, provided, however, that
prior to any such emergency application, the person providing such
application shall make a good faith effort to supply the written notice
required pursuant to this title. Upon making an emergency application,
the person making such application shall notify the commissioner of
health, using a form developed by such commissioner for such purposes
that shall include minimally the name of the person making such
application, the pesticide business registration number or certified
applicator number of the person making such application, the location of
such application, the date of such application, the product name and
United States Environmental Protection Agency registration number of the
pesticide applied and the reason for such application.
c. (i) All persons performing residential lawn applications treating
an area more than one hundred square feet shall affix markers to be
placed within or along the perimeter of the area where pesticides will
be applied. Markers are to be placed so as to be clearly visible to
persons immediately outside the perimeter of such property. Such markers
shall be posted at least twelve inches above the ground and shall be at
least four inches by five inches in size.
(ii) The markers required pursuant to this paragraph shall be in place
on the day during which the pesticide is being applied and shall
instruct persons not to enter the property and not to remove the signs
for a period of at least twenty-four hours. Such instruction shall be
printed boldly in letters at least three-eighths of an inch in height.
2. Any county not contained entirely within a city or any city with a
population of one million or more that adopts a local law pursuant to
the provisions of this section, shall, in addition to any authority
otherwise conferred in this chapter, have concurrent authority to
enforce such local law administratively, provided however that all
sanctions, which shall be assessed after providing a hearing or
opportunity to be heard, shall be as specified in section 71-2907 of
this chapter and shall be payable to and deposited with the enforcing
municipality.
2-a. Within twenty days after the adoption of a local law pursuant to
this section, the clerk or other officer designated by the legislative
body shall forward one certified copy thereof to the commissioner and
one to the attorney general.
2-b. Any local law adopted pursuant to this section shall take effect
on the first day of January after it shall have been adopted.
3. The commissioner of health shall review any emergency form
submitted pursuant to this section to ensure that the circumstance did
warrant such emergency application. Such forms shall be kept on file at
the department of health for three years from the date of application
and shall be made available to any person upon request.

* S 33-1005. Rules and regulations.
The commissioner shall have the power to promulgate the rules and
regulations necessary and appropriate to carry out the purposes of this
title.
* NB There are 2 S 33-1005`s

* S 33-1005*. Commissioner`s regulations.
For purposes of implementing section 33-1004 of this article in any
county not contained entirely within a city or any city with a
population of one million or more that has adopted a local law pursuant
to such section:
1. The commissioner shall promulgate rules and regulations
establishing uniform standards for a consumer pesticide use information
sign which shall be placed in retail establishments that sell general
use pesticides for commercial or residential lawn application. This sign
shall contain the following information:
a. a warning notice directing consumers to follow directions on
labels;
b. a provision to inform the customer of the posting requirements set
forth in paragraph c of subdivision one of section 33-1004 of this
article; and
c. a recommendation that the customer notify neighbors prior to the
application of pesticides so that such neighbors may take precautions to
avoid pesticide exposure.
2. The commissioner shall prepare and publish, in consultation with
the commissioner of health, educational materials explaining the
requirements of paragraphs b and c of subdivision one of section 33-1004
of this article and section three hundred ninety-c of the social
services law and the human and environmental health effects of lawn care
pesticides.
3. a. The commissioner shall promulgate rules and regulations
specifying the following: the content and form of the written notice
required in paragraph b of subdivision one of section 33-1004 of this
article, with the content consisting minimally of the following:
(i) the address of the premises where application is to be done;
(ii) the name and telephone number and pesticide business registration
number or certified applicator number of the person providing the
application;
(iii) the specific date of each pesticide application and two
alternative dates to the proposed date of application when, due to
weather conditions, the pesticide application on the proposed date is
precluded;
(iv) the product name or names and the United States Environmental
Protection Agency registration number or numbers of the pesticide or
pesticides to be applied;
(v) a prominent statement that reads: "This notice is to inform you of
a pending pesticide application to neighboring property. You may wish to
take precautions to minimize pesticide exposure to yourself, family
members, pets or family possessions. Further information about the
product or products being applied, including any warnings that appear on
the labels of such pesticide or pesticides that are pertinent to the
protection of humans, animals or the environment, can be obtained by
calling the National Pesticides Telecommunications Network at
1-800-858-7378 or the New York State Department of Health Center for
Environmental Health Info line at 1-800-458-1158".
b. The commissioner shall review and revise as necessary the phone
numbers required to appear in notices pursuant to this section and
pursuant to section four hundred nine-h of the education law and section
three hundred ninety-c of the social services law. Notwithstanding the
provisions of the state administrative procedure act, such phone numbers
shall be established as a rule by publication in the environmental
notice bulletin.
4. The commissioner shall promulgate rules and regulations specifying:
the manner in which persons providing commercial lawn application shall
supply written notice as required under paragraph b of subdivision one
of section 33-1004 of this article including, but not limited to,
mailing, or leaving with a responsible adult or in a conspicuous
location on the abutting property; the manner in which the owner or
owner`s agent of multiple family dwellings covered under paragraph b of
subdivision one of section 33-1004 of this article shall supply such
written notice to the occupants of such multiple family dwellings; and
for all other premises covered under paragraph b of subdivision one of
section 33-1004 of this article, the manner in which the owner, owner`s
agent or other person in a position of authority shall supply such
written notice. Such rules and regulations shall specify a manner in
which persons providing commercial lawn applications may provide an
option to occupants of dwellings to decline further notices.
5. The commissioner is hereby authorized to promulgate rules and
regulations, not inconsistent with any other provisions of law,
specifying procedures for the department`s investigation and processing
of alleged violations of paragraph c of subdivision one of section
33-1004 of this article that pertain to persons performing residential
lawn applications. Such uniform procedures may require complaints to be
in the form of a sworn statement containing the facts upon which an
alleged violation is based and may provide that the department is not
required to perform any testing or sampling in relation to the
investigation of any such alleged violations.
* NB There are 2 S 33-1005`s