S T A T E O F N E W Y O R K
________________________________________________________________________
1388
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, SCHIMEL, KELLNER -- read once and
referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to prohibiting the
use of lawn care pesticides on any daycare facility premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
390-g to read as follows:
S 390-G. PROHIBITION OF LAWN CARE PESTICIDE APPLICATIONS. 1. FOR THE
PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET
FORTH BELOW:
(A) "PESTICIDE" SHALL MEAN A FUNGICIDE USED ON PLANTS, AN INSECTICIDE,
A HERBICIDE OR A RODENTICIDE BUT DOES NOT MEAN A SANITIZER, DISINFEC-
TANT, ANTIMICROBIAL AGENT OR A PESTICIDE BAIT, AND "LAWN CARE PESTICIDE"
MEANS A PESTICIDE REGISTERED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AND LABELED PURSUANT TO THE FEDERAL INSECTICIDE,
FUNGICIDE AND RODENTICIDE ACT FOR USE IN LAWN, GARDEN AND ORNAMENTAL
SITES OR AREAS.
(B) "DAYCARE FACILITY" SHALL MEAN LICENSED AND REGISTERED CHILD
DAYCARE HOMES, PROGRAMS AND FACILITIES.
2. NO APPLICATION OF PESTICIDE SHALL BE MADE IN ANY BUILDING OR ON THE
GROUNDS OF ANY DAYCARE FACILITY, DURING REGULAR BUSINESS HOURS, EXCEPT
THAT AN EMERGENCY APPLICATION MAY BE MADE TO ELIMINATE AN IMMEDIATE
THREAT TO HUMAN HEALTH IF IT IS NECESSARY TO MAKE THE APPLICATION DURING
REGULAR BUSINESS HOURS, AND SUCH EMERGENCY APPLICATION DOES NOT INVOLVE
A RESTRICTED USE PESTICIDE, AS DEFINED IN SECTION 33-0101 OF THE ENVI-
RONMENTAL CONSERVATION LAW. NO CHILD ENROLLED AT SUCH DAYCARE CENTER OR
HOME MAY ENTER AN AREA WHERE PESTICIDES HAVE BEEN APPLIED UNTIL IT IS
SAFE TO DO SO ACCORDING TO THE PROVISIONS OF THE PESTICIDE LABEL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04210-01-9
A. 1388 2
3. NO PERSON SHALL APPLY A LAWN CARE PESTICIDE ON THE GROUNDS OF ANY
DAYCARE FACILITY, EXCEPT THAT AN EMERGENCY APPLICATION MAY BE MADE TO
ELIMINATE AN IMMEDIATE THREAT TO HUMAN HEALTH, INCLUDING BUT NOT LIMITED
TO, THE ELIMINATION OF MOSQUITOES, TICKS AND STINGING INSECTS, PROVIDED
SUCH EMERGENCY APPLICATION DOES NOT INVOLVE A RESTRICTED USE PESTICIDE,
AS DEFINED IN SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.