2023 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.