2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
390-G - Pesticide alternatives.

 
    §  390-g.  Pesticide alternatives. 1. For purposes of this section the
  following terms shall have the meanings set forth below:
    (a) "Day care" shall apply to all child day care centers or head start
  day care centers, as defined in section three  hundred  ninety  of  this
  title.
    (b)   "Pesticide"  shall  have  the  same  meaning  as  set  forth  in
  subdivision  thirty-five  of  section  33-0101  of   the   environmental
  conservation law, provided however that it shall not include:
    (i)  the  application  of anti-microbial pesticides and anti-microbial
  products as defined by FIFRA in 7 U.S.C. Section 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;
    (iii)  the  use  of  non-volatile  insect  or  rodent bait in a tamper
  resistant container;
    (iv) the application of a pesticide classified by  the  United  States
  Environmental  Protection Agency as an exempt material under 40 CFR Part
  152.25;
    (v) the use of boric acid and disodium octaborate tetrahydrate; or
    (vi) the use of horticultural  soap  and  oils  that  do  not  contain
  synthetic pesticides or synergists.
    2.  No  day  care  shall  apply  pesticide  to  any playgrounds, turf,
  athletic or playing fields, except that an emergency  application  of  a
  pesticide  may  be made as determined by the county health department or
  for a county not having a health department such authority as the county
  legislature shall designate, the commissioner of health or  his  or  her
  designee,  the  commissioner of environmental conservation or his or her
  designee, or, in the case of a public school, the school board.