The Neighbor Notification Law
LAWS OF NEW YORK CHAPTER 285
21aug00


The Neighbor Notification Law, formally known as Chapter 285 of the Laws of 2000, added Sections 33-1004 and 33-1005 the Environmental Conservation Law. These new sections add requirements for 48 hour notice to neighbors for certain commercial lawn applications, posting of visual notification markers for most residential lawn applications, providing notice to occupants of multiple dwellings and other occupied structures, and posting of an information sign by retailers who sell general use lawn pesticides. New regulations (6 NYCRR Part 325 Section 41) to implement the Neighbor Notification Law go into effect on March 1, 2001.

The amendments to the Environmental Conservation Law and the new regulations are only effective in a County, or in New York City, that has adopted a local law to "opt into" the Neighbor Notification Law in its entirety and without any changes.

If a commercial lawn applicator uses certain pesticides defined in the Neighbor Notification Law and regulations, the applicator is exempted from the requirement to provide 48 hour written notice to neighbors. The exempted pesticides include certain antimicrobial pesticides, certain pesticides that meet all of the requirements for minimum risk pesticides and certain pesticides that meet the U. S. Environmental Protection Agency requirements for reduced risk pesticides or biopesticides. A description of these exempted pesticides is available through links in the box at the left.

Pesticide Applicators must remember that only pesticides registered by the Department of Environmental Conservation may be used in New York State. A searchable list of such pesticides is available elsewhere on this web site.




AN ACT to amend the environmental conservation law, in relation to special requirements for commercial and residential lawn applications; and to amend the education law and the social services law, in relation to pesticide notifications relating to applications at schools and daycare facilities

Became a law August 21, 2000, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 33-0101 of the environmental conservation law is amended by adding two new subdivisions 48 and 49 to read as follows:

48. "RESIDENTIAL LAWN APPLICATION" MEANS THE APPLICATION OF GENERAL USE PESTICIDES TO GROUND, TREES OR SHRUBS ON PROPERTY OWNED BY OR LEASED TO THE INDIVIDUAL MAKING SUCH APPLICATION. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING SHALL NOT BE CONSIDERED RESIDENTIAL LAWN APPLICATION:

A. THE APPLICATION OF PESTICIDES FOR THE PURPOSE OF PRODUCING AN AGRICULTURAL COMMODITY;

B. THE APPLICATION OF PESTICIDES AROUND OR NEAR THE FOUNDATION OF A BUILDING FOR THE PURPOSE OF INDOOR PEST CONTROL;

C. THE APPLICATION OF PESTICIDES BY OR ON BEHALF OF AGENCIES EXCEPT THAT AGENCIES SHALL BE SUBJECT TO VISUAL NOTIFICATION REQUIREMENTS PURSUANT TO SECTION 33-1003 OF THIS ARTICLE WHERE SUCH APPLICATION IS WITHIN ONE HUNDRED FEET OF A DWELLING, MULTIPLE DWELLING, PUBLIC BUILDING OR PUBLIC PARK; AND

D. THE APPLICATION OF PESTICIDES ON GOLF COURSES OR TURF FARMS.

49. "ABUTTING PROPERTY" SHALL MEAN ANY PROPERTY WHICH HAS ANY BOUNDARY OR BOUNDARY POINT IN COMMON WITH THE PROPERTY ON WHICH THE PESTICIDE IS TO BE APPLIED.

Section 2. The title heading of title 10 of article 33 of the environmental conservation law, as added by chapter 559 of the laws of 1987, is amended to read as follows:

SPECIAL REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL LAWN APPLICATIONS

Section 3. The environmental conservation law is amended by adding a new section 33-1004 to read as follows:

Section 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.

Section 4. The environmental conservation law is amended by adding a new section 33-1005 to read as follows:

Section 33-1005. COMMISSIONERS 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 OWNERS 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, OWNERS 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 DEPARTMENTS 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.

Section 5. Subdivisions 1 and 3 of section 71-2907 of the environmental conservation law, as added by chapter 612 of the laws of 1983, are amended to read as follows:

1. Administrative sanctions. {Any} EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, ANY person who violates any provision of article 33 of this chapter or any rule, regulation or order issued thereunder or commits any offense described in section 33-1301 of this chapter shall be liable to the people of the state for a civil penalty not to exceed five thousand dollars for a first violation, and not to exceed ten thousand dollars for a subsequent offense, to be assessed by the commissioner after a hearing or opportunity to be heard. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN OWNER OR OWNERS AGENT OF A MULTIPLE DWELLING OR OWNER, OWNERS AGENT OR A PERSON IN A POSITION OF AUTHORITY FOR ALL OTHER TYPES OF PREMISES, AS SUCH TERMS ARE DEFINED IN PARAGRAPH D OF SUBDIVISION FIVE OF SECTION 33-0905 OF THIS CHAPTER, WHO VIOLATES ANY PROVISION OF A LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION ONE OF SECTION 33-1004 OF THIS CHAPTER RELATING TO PARAGRAPH B OF SUCH SUBDIVISION, AND A PERSON, WHO VIOLATES ANY PROVISION OF A LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION ONE OF SECTION 33-1004 OF THIS CHAPTER RELATING TO PARAGRAPH C OF SUCH SUBDIVISION, AND A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION THREE OF SECTION THREE HUNDRED NINETY-C OF THE SOCIAL SERVICES LAW SHALL, FOR A FIRST SUCH VIOLATION, IN LIEU OF A PENALTY, BE ISSUED A WRITTEN WARNING AND SHALL ALSO BE ISSUED EDUCATIONAL MATERIALS PURSUANT TO SUBDIVISION TWO OF SECTION 33-1005 OF THIS CHAPTER. SUCH PERSON SHALL, HOWEVER, FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS, AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR ANY SUBSEQUENT VIOLATION, SUCH PENALTIES TO BE ASSESSED BY THE COMMISSIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY PERSON WHO VIOLATES THE PROVISIONS OF A LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION ONE OF SECTION 33-1004 OF THIS CHAPTER RELATING TO PARAGRAPH A OF SUCH SUBDIVISION, SHALL BE ISSUED A WARNING FOR THE FIRST VIOLATION AND SHALL BE PROVIDED SEVEN DAYS TO CORRECT SUCH VIOLATION; AND SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR A SECOND VIOLATION, AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR A SUBSEQUENT VIOLATION, TO BE ASSESSED BY THE COMMISSIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD. The commissioner, acting by the attorney general, may bring suit for collection of such assessed civil penalty in any court of competent jurisdiction. Such civil penalty may be released or compromised by the commissioner before the matter has been referred to the attorney general; and where such matter has been referred to the attorney general, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the attorney general with the consent of the commissioner. Any civil penalty assessed by the commissioner under this subdivision shall be reviewable in a proceeding under article 78 of the civil practice law and rules. 3. Criminal sanctions. Any person who, having the culpable mental states defined in {subdivisions} SUBDIVISION one or two of section 15.05 or in section 20.20 of the penal law, violates any provision of article 33 of this chapter or any rule, regulation thereunder or commits any offense described in section 33-1301 of this chapter, except an offense relating to the application of a general use pesticide shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine not to exceed ten thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. When a violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation. Any person who violates any provision of article 33 of this chapter or any rule or regulation thereunder or commits any offense described in section 33-1301 of this chapter relating to the use of a general use pesticide shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed twenty-five hundred dollars. If the conviction is for a subsequent offense committed after the first such conviction of such person under this subdivision, punishment shall be by a fine not to exceed five thousand dollars. Prosecution hereunder may be conducted by either the attorney general or the district attorney consistent with section 71-0403 of this {chapter} ARTICLE. WITH RESPECT TO VIOLATIONS OF SECTION 33-1004 OF THIS CHAPTER, PENALTIES IMPOSED PURSUANT TO THIS SUBDIVISION MAY BE ASSESSED ONLY AGAINST A PERSON PROVIDING A COMMERCIAL LAWN APPLICATION.

Section 6. The education law is amended by adding a new section 409-h to read as follows:

Section 409-H. REQUIREMENTS FOR NOTIFICATION OF PESTICIDE APPLICATIONS.

1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:

(A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.

(B) "PESTICIDE" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION THIRTY- FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.

(C) "FACILITY" MEANS ANY SCHOOL BUILDING USED FOR INSTRUCTIONAL PURPOSES AND ITS SURROUNDING GROUNDS, SITES AND OTHER GROUNDS TO BE USED FOR PLAYGROUNDS, ATHLETICS AND OTHER INSTRUCTIONAL PURPOSES, AND ANY ADMINISTRATIVE OFFICES.

(D) "WRITTEN NOTIFICATION" SHALL MEAN NOTICE IN WRITING THAT IS: PROVIDED DIRECTLY TO THE STUDENT OR STAFF; OR DELIVERED TO A RECEPTACLE DESIGNATED FOR THAT STUDENT OR STAFF; OR MAILED TO THE STUDENTS OR STAFFS LAST KNOWN ADDRESS; OR DELIVERED BY ANY OTHER REASONABLE METHODS AUTHORIZED BY THE COMMISSIONER.

(E) "SCHOOL YEAR" SHALL MEAN THE PERIOD COMMENCING ON THE FIRST DAY OF REGULAR INSTRUCTION AND SHALL END ON THE LAST DAY OF SESSION.

(F) "RELEVANT FACILITY" SHALL MEAN ANY FACILITY WHERE THE STAFF PERSON RECEIVING NOTIFICATION REGULARLY WORKS OR WHERE A CHILD OF THE PERSON IN PARENTAL RELATION RECEIVING NOTIFICATION REGULARLY RECEIVES INSTRUCTION.

2. SCHOOLS SHALL ESTABLISH A PESTICIDE NOTIFICATION PROCEDURE TO PROVIDE INFORMATION ON PESTICIDE APPLICATIONS AT SCHOOL FACILITIES. SCHOOLS SHALL PROVIDE WRITTEN NOTIFICATION OF PESTICIDE APPLICATIONS AT ANY RELEVANT FACILITY TO STAFF AND PERSONS IN PARENTAL RELATION ACCORDING TO THE FOLLOWING PROVISIONS:

(A) THE SCHOOL SHALL PROVIDE WRITTEN NOTIFICATION TO ALL STAFF AND PERSONS IN PARENTAL RELATION AT THE BEGINNING OF EACH SCHOOL YEAR. PROVIDED HOWEVER, THAT IF A CHILD ENROLLS AFTER THE BEGINNING OF THE SCHOOL YEAR, NOTIFICATION SHALL BE PROVIDED WITHIN ONE WEEK OF SUCH ENROLLMENT. THE NOTIFICATION PROVIDED AT THE BEGINNING OF THE SCHOOL YEAR SHALL INCLUDE AT A MINIMUM THE FOLLOWING INFORMATION:

(I) A STATEMENT THAT PESTICIDE PRODUCTS MAY BE USED PERIODICALLY THROUGHOUT THE SCHOOL YEAR;

(II) A STATEMENT THAT SCHOOLS ARE REQUIRED TO MAINTAIN A LIST OF STAFF AND PERSONS IN PARENTAL RELATION WHO WISH TO RECEIVE FORTY-EIGHT HOUR PRIOR WRITTEN NOTIFICATION OF PESTICIDE APPLICATIONS AT RELEVANT FACILITIES, AND INSTRUCTIONS ON HOW TO REGISTER WITH THE SCHOOL TO BE ON SUCH LIST FOR NOTIFICATION; AND

(III) THE NAME OF A SCHOOL REPRESENTATIVE AND CONTACT NUMBER TO OBTAIN FURTHER INFORMATION.

(B) WITHIN TEN DAYS OF THE END OF THE SCHOOL YEAR AND WITHIN TWO SCHOOL DAYS OF THE END OF WINTER RECESS AND SPRING RECESS, THE SCHOOL SHALL PROVIDE WRITTEN NOTIFICATION TO ALL STAFF AND PERSONS IN PARENTAL RELATION LISTING THE DATE, LOCATION AND PRODUCT USED, FOR EACH APPLICATION WHICH REQUIRED PRIOR NOTIFICATION AND EACH EMERGENCY APPLICATION MADE, AT RELEVANT FACILITIES, DURING THE PERIOD OF TIME SINCE THE PREVIOUS NOTICE. SUCH NOTIFICATION SHALL ALSO INCLUDE A STATEMENT THAT SCHOOLS ARE REQUIRED TO MAINTAIN A LIST OF STAFF AND PERSONS IN PARENTAL RELATION WHO WISH TO RECEIVE FORTY-EIGHT HOUR PRIOR WRITTEN NOTIFICATION OF PESTICIDE APPLICATIONS AND INSTRUCTIONS ON HOW TO REGISTER WITH THE SCHOOL TO BE ON SUCH LIST FOR PRIOR NOTIFICATION; HOW TO OBTAIN FURTHER INFORMATION ABOUT THE PRODUCTS BEING APPLIED, INCLUDING ANY WARNINGS THAT APPEAR ON THE LABEL OF THE PESTICIDES THAT ARE PERTINENT TO THE PROTECTION OF HUMANS, ANIMALS OR THE ENVIRONMENT; AND THE NAME OF A SCHOOL REPRESENTATIVE AND CONTACT NUMBER FOR ADDITIONAL INFORMATION.

(C) EACH SCHOOL SHALL ESTABLISH AND MAINTAIN A LIST OF STAFF AND PERSONS IN PARENTAL RELATION REQUESTING WRITTEN NOTIFICATION FORTY-EIGHT HOURS IN ADVANCE OF PESTICIDE APPLICATIONS AT RELEVANT FACILITIES. SCHOOLS SHALL ADD ANY STAFF OR PERSON IN PARENTAL RELATION TO SUCH LIST UPON REQUEST.

(D) NOT LESS THAN FORTY-EIGHT HOURS PRIOR TO THE APPLICATION OF A PESTICIDE AT A FACILITY, A SCHOOL SHALL PROVIDE TO THOSE ON THE LIST RELEVANT TO SUCH FACILITY, WRITTEN NOTIFICATION WHICH SHALL INCLUDE, AT A MINIMUM THE FOLLOWING INFORMATION:

(I) THE SPECIFIC DATE AND LOCATION OF THE APPLICATION AT THE RELEVANT FACILITY. IN CASE OF OUTDOOR APPLICATIONS THE NOTICE MUST PROVIDE A SPECIFIC DATE, AND MAY INCLUDE TWO ALTERNATIVE DATES IN CASE THE APPLICATION CANNOT BE MADE DUE TO WEATHER CONDITIONS;

(II) THE PRODUCT NAME AND PESTICIDE REGISTRATION NUMBER ASSIGNED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;

(III) THE FOLLOWING STATEMENTS: "THIS NOTICE IS TO INFORM YOU OF A PENDING PESTICIDE APPLICATION TO A SCHOOL FACILITY. YOU MAY WISH TO DISCUSS WITH THE DESIGNATED SCHOOL REPRESENTATIVE WHAT PRECAUTIONS ARE BEING TAKEN TO PROTECT YOUR CHILD FROM EXPOSURE TO THESE PESTICIDES. FURTHER INFORMATION ABOUT THE PRODUCTS) BEING APPLIED, INCLUDING ANY WARNINGS THAT APPEAR ON THE LABEL OF THE PESTICIDES) THAT ARE PERTINENT TO THE PROTECTION OF HUMANS, ANIMALS OR THE ENVIRONMENT, CAN BE OBTAINED BY CALLING THE NATIONAL PESTICIDE TELECOMMUNICATIONS NETWORK INFORMATION PHONE NUMBER 1-800-858-7378 OR THE NEW YORK STATE DEPARTMENT OF HEALTH CENTER FOR ENVIRONMENTAL HEALTH INFO LINE AT 1-800-458-1158."; AND

(IV) THE NAME OF A SCHOOL REPRESENTATIVE AND CONTACT NUMBER FOR ADDITIONAL INFORMATION.

(E) FOR PURPOSES OF THIS SECTION THE FOLLOWING PESTICIDE APPLICATIONS SHALL NOT BE SUBJECT TO PRIOR NOTIFICATION REQUIREMENTS:

(I) THE APPLICATION OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. S 136 (MM) AND 136Q (H)(2);

(II) 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;

(III) ANY APPLICATION WHERE THE SCHOOL FACILITY REMAINS UNOCCUPIED FOR A CONTINUOUS SEVENTY-TWO HOUR PERIOD FOLLOWING THE APPLICATION OF THE PESTICIDE;

(IV) NONVOLATILE RODENTICIDES IN TAMPER RESISTANT BAIT STATIONS OR IN AREAS INACCESSIBLE TO CHILDREN;

(V) SILICA GELS AND OTHER NONVOLATILE READY-TO-USE, PASTE, FOAM OR GEL FORMULATIONS OF INSECTICIDES IN AREAS INACCESSIBLE TO CHILDREN;

(VI) NONVOLATILE INSECTICIDAL BAITS IN TAMPER RESISTANT BAIT STATIONS OR IN AREAS INACCESSIBLE TO CHILDREN;

(VII) APPLICATION OF A PESTICIDE CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER SECTION 40 CFR PART 152.25;

(VIII) BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE;

(IX) THE APPLICATION OF A PESTICIDE WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED SATISFIES ITS REDUCED RISK CRITERIA, INCLUDING A BIOPESTICIDE; OR

(X) ANY 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 MAKING SUCH APPLICATION SHALL MAKE A GOOD FAITH EFFORT TO SUPPLY THE WRITTEN NOTICE REQUIRED PURSUANT TO THIS SECTION. UPON MAKING SUCH AN EMERGENCY APPLICATION, THE PERSON MAKING SUCH APPLICATION SHALL NOTIFY THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, USING A FORM DEVELOPED BY THE COMMISSIONER FOR SUCH PURPOSES THAT SHALL INCLUDE MINIMALLY THE NAME OF THE PERSON MAKING THE APPLICATION, THE PESTICIDE BUSINESS REGISTRATION NUMBER OR CERTIFIED APPLICATOR NUMBER OF THE PERSON MAKING SUCH APPLICATION, THE LOCATION AND DATE OF SUCH APPLICATION, THE PRODUCT NAME AND USEPA REGISTRATION NUMBER OF THE PESTICIDE APPLIED AND THE REASON FOR SUCH APPLICATION. THE COMMISSIONER SHALL REVIEW SUCH FORM TO ENSURE THAT THE CIRCUMSTANCE DID WARRANT SUCH EMERGENCY APPLICATION. SUCH FORMS SHALL BE KEPT ON FILE AT THE DEPARTMENT FOR THREE YEARS FROM THE DATE OF APPLICATION AND SHALL BE AVAILABLE TO ANY INDIVIDUAL UPON REQUEST.

3. THE COMMISSIONER IS HEREBY CHARGED WITH ENSURING THE COMPLIANCE OF SCHOOLS WITH THE REQUIREMENTS OF THIS SECTION, AND SHALL ESTABLISH A PROCEDURE FOR PARENTS TO NOTIFY THE STATE OF ANY SCHOOLS FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION. WHENEVER IT SHALL HAVE BEEN DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT A SCHOOL DISTRICT HAS FAILED TO ADOPT A PROCEDURE FOR NOTIFICATION, OR TO FAITHFULLY AND COMPLETELY IMPLEMENT THIS SECTION, THE COMMISSIONER MAY, ON THIRTY DAYS NOTICE TO THE DISTRICT, WITHHOLD FROM THE DISTRICT MONIES TO BE PAID TO SUCH DISTRICT FOR THE CURRENT SCHOOL YEAR PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, EXCLUSIVE OF MONIES TO BE PAID IN RESPECT OF OBLIGATIONS TO THE RETIREMENT SYSTEMS FOR THE SCHOOL AND DISTRICT STAFF AND PURSUANT TO COLLECTIVE BARGAINING AGREEMENTS. WHERE IT HAS BEEN DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT A PRIVATE OR PAROCHIAL SCHOOL HAS FAILED TO ADOPT A PROCEDURE FOR NOTIFICATION, OR TO FAITHFULLY AND COMPLETELY IMPLEMENT THIS SECTION, THE COMMISSIONER MAY, ON THIRTY DAYS NOTICE TO SUCH SCHOOL, WITHHOLD FROM THE SCHOOL STATE AID MONIES TO BE PAID TO SUCH SCHOOL FOR THE CURRENT SCHOOL YEAR PURSUANT TO CHAPTER FIVE HUNDRED SEVEN OF THE LAWS OF NINETEEN HUNDRED SEVENTY-FOUR, AS AMENDED BY CHAPTER NINE HUNDRED THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-FOUR. PRIOR TO SUCH WITHHOLDING, THE COMMISSIONER SHALL PROVIDE THE SCHOOL AN OPPORTUNITY TO PRESENT EVIDENCE OF EXTENUATING CIRCUMSTANCES; WHEN COMBINED WITH EVIDENCE THAT THE SCHOOL SHALL PROMPTLY COMPLY WITHIN SHORT TIME FRAMES THAT SHALL BE ESTABLISHED BY THE COMMISSIONER AS PART OF AN AGREEMENT BETWEEN THE SCHOOL AND THE COMMISSIONER, THE COMMISSIONER MAY TEMPORARILY STAY THE WITHHOLDING OF SUCH FUNDS PENDING IMPLEMENTATION OF SUCH AGREEMENT. IF THE SCHOOL IS IN FULL COMPLIANCE WITH THIS SECTION, THE COMMISSIONER SHALL ABATE THE WITHHOLDING IN ITS ENTIRETY.

4. NO SCHOOL OR EMPLOYEE OF A SCHOOL SHALL BE HELD CIVILLY OR CRIMINALLY LIABLE FOR ANY FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION, UNLESS SUCH FAILURE CONSTITUTES NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS LIMITING ANY LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN STATUTE OR IN EQUITY THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.

Section 7. The social services law is amended by adding a new section 390-c to read as follows:

Section 390-C. NOTICE OF PESTICIDE APPLICATIONS.

1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:

(A) "PESTICIDE" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION THIRTY- FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.

(B) "DAYCARE FACILITY" SHALL MEAN LICENSED AND REGISTERED CHILD DAYCARE HOMES, PROGRAMS AND FACILITIES.

2. EACH DAYCARE FACILITY SHALL BE SUBJECT TO THE FOLLOWING NOTICE REQUIREMENTS WHEN PESTICIDES ARE USED AT SUCH FACILITY:

(A) A NOTICE OF EACH PESTICIDE APPLICATION SHALL BE POSTED IN A COMMON AREA OF THE FACILITY WHICH IS CONSPICUOUSLY VISIBLE TO PERSONS DROPPING OFF OR PICKING UP CHILDREN FROM THE FACILITY. SUCH NOTICE SHALL BE POSTED NOT LESS THAN FORTY-EIGHT HOURS PRIOR TO THE PESTICIDE APPLICATION.

(B) THE NOTICE REQUIRED TO BE POSTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE AT A MINIMUM:

(I) THE LOCATION AND SPECIFIC DATE OF THE APPLICATION AT THE DAYCARE FACILITY. IN CASE OF OUTDOOR APPLICATIONS THE NOTICE MUST PROVIDE A SPECIFIC DATE, AND MAY INCLUDE TWO ALTERNATIVE DATES IN CASE THE APPLICATION CANNOT BE MADE DUE TO WEATHER CONDITIONS.

(II) THE PRODUCT NAME AND PESTICIDE REGISTRATION NUMBER ASSIGNED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.

(III) THE FOLLOWING STATEMENT "THIS NOTICE IS TO INFORM YOU OF A PENDING PESTICIDE APPLICATION AT THIS FACILITY. YOU MAY WISH TO DISCUSS WITH A REPRESENTATIVE OF THE DAYCARE FACILITY WHAT PRECAUTIONS ARE BEING TAKEN TO PROTECT YOUR CHILD FROM EXPOSURE TO THESE PESTICIDES. FURTHER INFORMATION ABOUT THE PRODUCT OR PRODUCTS BEING APPLIED, INCLUDING ANY WARNINGS THAT APPEAR ON THE LABEL OF THE PESTICIDE OR PESTICIDES THAT ARE PERTINENT TO THE PROTECTION OF HUMANS, ANIMALS OR THE ENVIRONMENT, CAN BE OBTAINED BY CALLING THE NATIONAL PESTICIDE TELECOMMUNICATIONS NETWORK INFORMATION AT 1-800-858-7378 OR THE NEW YORK STATE DEPARTMENT OF HEALTH CENTER FOR ENVIRONMENTAL HEALTH INFO LINE AT 1-800-458-1158".

(IV) THE NAME OF A REPRESENTATIVE OF THE DAYCARE FACILITY AND CONTACT NUMBER FOR ADDITIONAL INFORMATION.

(C) FOR PURPOSES OF THIS SECTION THE FOLLOWING PESTICIDE APPLICATIONS SHALL NOT BE SUBJECT TO THE NOTIFICATION POSTING REQUIREMENTS:

(I) THE APPLICATION OF ANTI MICROBIAL PESTICIDES AND ANTI MICROBIAL PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. 5136 (MM) AND 136Q (H) (2);

(II) 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;

(III) ANY APPLICATION WHERE THE DAYCARE FACILITY REMAINS UNOCCUPIED FOR A CONTINUOUS SEVENTY-TWO HOUR PERIOD FOLLOWING THE APPLICATION OF THE PESTICIDE;

(IV) NONVOLATILE RODENTICIDES IN TAMPER RESISTANT BAIT STATIONS OR IN AREAS INACCESSIBLE TO CHILDREN;

(V) SILICA GELS AND OTHER NONVOLATILE READY-TO-USE, PASTE, FOAM OR GEL FORMULATIONS OF INSECTICIDES IN AREAS INACCESSIBLE TO CHILDREN;

(VI) NONVOLATILE INSECTICIDAL BAITS IN TAMPER RESISTANT BAIT STATIONS OR IN AREAS INACCESSIBLE TO CHILDREN;

(VII) APPLICATION OF A PESTICIDE CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER SECTION 40 CFR PART 152.25;

(VIII) BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE;

(IX) THE APPLICATION OF A PESTICIDE WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED SATISFIES ITS REDUCED RISK CRITERIA, INCLUDING A BIOPESTICIDE; OR

(X) ANY 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 MAKING SUCH APPLICATION SHALL MAKE A GOOD FAITH EFFORT TO SUPPLY THE WRITTEN NOTICE REQUIRED PURSUANT TO THIS SECTION. UPON MAKING SUCH 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 THE APPLICATION, THE PESTICIDE BUSINESS REGISTRATION NUMBER OR CERTIFIED APPLICATOR NUMBER OF THE PERSON MAKING SUCH APPLICATION, THE LOCATION AND DATE OF SUCH APPLICATION, THE PRODUCT NAME AND USEPA REGISTRATION NUMBER OF THE PESTICIDE APPLIED AND THE REASON FOR SUCH APPLICATION. THE COMMISSIONER OF HEALTH SHALL REVIEW SUCH FORM 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 AVAILABLE TO ANY INDIVIDUAL UPON REQUEST.

3. ANY PERSON, OTHER THAN A DAYCARE FACILITY, WHO CONTRACTS FOR THE APPLICATION OF A PESTICIDE AT A DAYCARE FACILITY SHALL PROVIDE TO SUCH FACILITY OPERATOR INFORMATION REQUIRED TO BE CONTAINED IN THE POSTING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH APPLICATION.

4. (A) ANY DAYCARE FACILITY THAT VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL, FOR A FIRST SUCH VIOLATION OF THIS SECTION, IN LIEU OF PENALTY, BE ISSUED A WRITTEN WARNING AND SHALL ALSO BE ISSUED EDUCATIONAL MATERIALS PURSUANT TO SUBDIVISION TWO OF SECTION 33-1005 OF THE ENVIRONMENTAL CONSERVATION LAW. SUCH FACILITY SHALL, HOWEVER, FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS, AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR ANY SUBSEQUENT VIOLATION, SUCH PENALTIES TO BE ASSESSED BY THE COMMISSIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD.

(B) ANY PERSON WHO VIOLATES SUBDIVISION THREE OF THIS SECTION SHALL, FOR A FIRST SUCH VIOLATION OF THIS SECTION, IN LIEU OF PENALTY, BE ISSUED A WRITTEN WARNING, AND SHALL ALSO BE ISSUED EDUCATIONAL MATERIALS PURSUANT TO SUBDIVISION TWO OF SECTION 33-1005 OF THE ENVIRONMENTAL CONSERVATION LAW. SUCH PERSON SHALL, HOWEVER, FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS, AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR ANY SUBSEQUENT VIOLATION, SUCH PENALTIES TO BE ASSESSED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION AFTER A HEARING OR OPPORTUNITY TO BE HEARD.

Section 8. This act shall take effect immediately, provided, that:

1. sections one through five of this act shall take effect March 1, 2001 provided, however, that effective immediately, any rule, regulation or local law necessary for the timely implementation of such sections on such date may be promulgated or enacted on or before such date.

2. sections six and seven of this act shall take effect July 1, 2001 provided, however, that effective immediately, any rule or regulation necessary for the timely implementation of such sections on such date may be promulgated or enacted on or before such date.

3. regulations pursuant to section four of this act, for which a notice of proposed rulemaking has been published prior to December 15, 2000, shall not require the approval of the state environmental board pursuant to paragraph a of subdivision 2 of section 3-0301 or subdivision 2 of section 5-0107 of the environmental conservation law.