2010 New York Code
ENV - Environmental Conservation
Article 33 - PESTICIDES
Title 10 - (33-1001 - 33-1005*2) SPECIAL REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL LAWN APPLICATIONS
33-1004 - Lawn applications; certain municipalities.

§ 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.
    * NB Effective until February 9, 2011
    * (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:
    A.   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; and
    B.  owners,  owners' agents or other persons in positions of authority
  for multiple family dwellings, the property of which is 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 in a manner specified by the commissioner.
    * NB Effective February 9, 2011
    (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.