NY Env Conserv L § 33-1005-2 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 10 - Special Requirements for Commercial and Residential Lawn Applications 33-1005*2 - 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  be  in  both  the  English  and  Spanish languages, and any other languages if the commissioner deems it necessary pursuant to  rules  and regulations, and 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, in both  the  English and  Spanish languages and any other languages if the commissioner deems it necessary, 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: 1. a  neighboring  property;  or  2. this  premise.  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.   c.  The  written  notice required by paragraph b of subdivision one of section 33-1004 of this article shall be in both the English and Spanish languages,  and  any  other  languages  if  the  commissioner  deems  it necessary pursuant to rules and regulations.   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 premises or 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