NY Env Conserv L § 33-1004 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 10 - 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:   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.  (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.  Markers shall  be posted at least twelve inches above the ground and shall be at least four inches by five inches in size. Such markers shall be in  both the  English  and  Spanish  languages,  and  any  other languages if the commissioner deems it necessary pursuant to rules and regulations.  (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.