New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter A - PESTICIDE CONTROL › Part 325 - APPLICATION OF PESTICIDES › Private Applicators › Section 325.40 - Commercial lawn applications

Current through Register Vol. 46, No. 28, July 10, 2024
This section shall be effective on January 1, 2004. The
						requirements of this section pertain to any commercial lawn application of a
						pesticide except for the application of a pesticide to a right-of-way (unless
						required pursuant to section
						325.1[s][4] 
						of this Part).
(a) Written contracts.
					 Prior to a commercial lawn application, except a commercial lawn application on
					 property owned, leased or rented by the employer of the pesticide applicator, the
					 pesticide applicator or business providing these services must enter into a
					 written contract with the owner of the property to which the commercial lawn
					 application is to be made or the owner's agent. A written contract must:
(1) specify the approximate date or dates of
					 application or applications; if requested by the property owner or owner's agent,
					 the specific date or dates of the application(s) must be provided by the
					 pesticide applicator or business and that date must be stated in the contract.
					 The following statement must be prominently displayed in the contract: "The
					 property owner or owner's agent may request the specific date or dates of the
					 application(s) to be provided and, if so requested, the pesticide applicator or
					 business must inform of the specific dates and include that date or dates in the
					 contract";
(2) state the total number
					 of commercial lawn applications to be provided;
(3) state the total cost of the commercial lawn
					 application service to be provided; and
(4) include a written copy, in at least
					 12-point type of:
(i) a list of pesticides to be
					 applied including brand names and generic names of active ingredients;
(ii) any warnings that appear on the label(s)
					 of pesticide(s) to be applied that are pertinent to the protection of humans,
					 animals or the environment; and
(iii)
					 the name, address, telephone number and pesticide business registration number of
					 the pesticide business providing the commercial lawn application service and the
					 pesticide applicator certification identification card number of the person
					 employed by the pesticide business who will provide or supervise the commercial
					 lawn application service;
(5) state the name of the property owner or
					 owner's agent and the address of the premises to be treated;
(6) be signed by both the pesticide applicator
					 or business providing the commercial lawn application and the owner or owner's
					 agent of the property to which the commercial lawn application is to be made;
					 provided, however, the signature of the owner or owner's agent is not required if
					 the pesticide applicator or business possesses a separate document that
					 specifically evidences the owner or owner's agent signature as acceptance of the
					 written contract, such as a copy of a prepayment check, in the exact amount
					 specified in the written contract for the agreed-upon services; and
(7) be amended, if changes are made to any of
					 the elements of the contract required by this section, including, but not limited
					 to the elements listed in paragraphs (1) through (6) of this subdivision; a
					 contract renewal; or a multi-year contract. The pesticide applicator or business
					 must obtain written proof of acceptance of the owner or owner's agent of such
					 contract amendments prior to applying pesticides.