2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-C - Notice of Pesticide Applications.

* §  390-c.  Notice  of pesticide applications. 1. For the purposes of
this section the following terms  shall  have  the  meanings  set  forth
below:
(a)  "Pesticide"  shall  have  the  same  meaning  as  in  subdivision
thirty-five of section 33-0101 of the environmental conservation law.
(b) "Daycare  facility"  shall  mean  licensed  and  registered  child
daycare homes, programs and facilities.
2.  Each  daycare  facility  shall  be subject to the following notice
requirements when pesticides are used at such facility:
(a) A notice of each pesticide application shall be posted in a common
area of the facility which is conspicuously visible to persons  dropping
off  or  picking  up  children  from  the facility. Such notice shall be
posted  not  less  than  forty-eight  hours  prior  to   the   pesticide
application.
(b) The notice required to be posted pursuant to paragraph (a) of this
subdivision shall include at a minimum:
(i)  the  location and specific date of the application at the daycare
facility. In case of outdoor applications  the  notice  must  provide  a
specific  date,  and  may  include  two  alternative  dates  in case the
application cannot be made due to weather conditions.
(ii) the product name and pesticide registration  number  assigned  by
the United States Environmental Protection Agency.
(iii)  the  following  statement  "This  notice  is to inform you of a
pending pesticide application at this facility. You may wish to  discuss
with a representative of the daycare facility what precautions are being
taken  to  protect your child from exposure to these pesticides. Further
information about the product or products being applied,  including  any
warnings  that  appear  on the label of the pesticide or pesticides that
are pertinent to the protection of humans, animals or  the  environment,
can  be  obtained  by  calling the National Pesticide Telecommunications
Network Information at 1-800-858-7378 or the New York  State  Department
of Health Center for Environmental Health Info line at 1-800-458-1158".
(iv)  the name of a representative of the daycare facility and contact
number for additional information.
(c) For purposes of this section the following pesticide  applications
shall not be subject to the notification posting requirements:
(i)  the  application  of anti microbial pesticides and anti microbial
products as defined by FIFRA in 7 U.S.C. §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. This section shall
not exempt from notification the use of any fogger  product  or  aerosol
product that discharges to a wide area;
(iii)  any  application  where the daycare facility remains unoccupied
for a continuous seventy-two hour period following  the  application  of
the pesticide;
(iv)  nonvolatile rodenticides in tamper resistant bait stations or in
areas inaccessible to children;
(v) silica gels and other nonvolatile ready-to-use, paste, foam or gel
formulations of insecticides in areas inaccessible to children;
(vi) nonvolatile insecticidal baits in tamper resistant bait  stations
or in areas inaccessible to children;
(vii)  application  of  a  pesticide  classified  by the United States
Environmental Protection Agency as an exempt material under  section  40
CFR Part 152.25;
(viii) boric acid and disodium octaborate tetrahydrate;
(ix)   the   application  of  a  pesticide  which  the  United  States
Environmental Protection Agency has  determined  satisfies  its  reduced
risk criteria, including a biopesticide; or
(x) any 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 making such application
shall make a good faith effort to supply  the  written  notice  required
pursuant to this section. Upon making such 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  the  application,  the
pesticide business registration number or certified applicator number of
the  person  making  such  application,  the  location  and date of such
application, the product name  and  USEPA  registration  number  of  the
pesticide  applied and the reason for such application. The commissioner
of health shall review such form 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 available to any individual upon request.
3.  Any  person,  other than a daycare facility, who contracts for the
application of a pesticide at a daycare facility shall provide  to  such
facility  operator  information  required to be contained in the posting
pursuant to subdivision two of this section at least  forty-eight  hours
prior to such application.
4.   (a)   Any  daycare  facility  that  violates  the  provisions  of
subdivision two of this section shall, for a  first  such  violation  of
this  section, in lieu of penalty, be issued a written warning and shall
also be issued educational materials  pursuant  to  subdivision  two  of
section  33-1005  of  the  environmental conservation law. Such facility
shall, however, for a second violation, be liable to the people  of  the
state  for a civil penalty not to exceed one hundred dollars, and not to
exceed two hundred fifty dollars  for  any  subsequent  violation,  such
penalties  to  be  assessed  by  the  commissioner  after  a  hearing or
opportunity to be heard.
(b) Any person who violates subdivision three of this  section  shall,
for  a  first  such  violation  of  this section, in lieu of penalty, be
issued a written warning, and shall also be issued educational materials
pursuant to subdivision two of  section  33-1005  of  the  environmental
conservation law. Such person shall, however, for a second violation, be
liable  to the people of the state for a civil penalty not to exceed one
hundred dollars, and not to exceed two hundred  fifty  dollars  for  any
subsequent  violation, such penalties to be assessed by the commissioner
of environmental conservation after  a  hearing  or  opportunity  to  be
heard.
* NB There are 2 § 390-c's