Legislation

Search OpenLegislation Statutes
This entry was published on 2020-12-28
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 33-1004
Lawn applications; certain municipalities
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 10
§ 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.