2006 New York Code - Commissioner\'s Regulations

 
  * § 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 § 33-1005's