§ 17-2103. Sale or use of phosphorus fertilizer restricted.\n 1. No person shall apply or authorize any person by way of service\ncontract or other arrangement to apply in this state any phosphorus\nfertilizer on lawn or non-agricultural turf, except when:\n (a) A soil test indicates that additional phosphorus is needed for\ngrowth of that lawn or non-agricultural turf; or\n (b) The phosphorus fertilizer is used for newly established lawn or\nnon-agricultural turf during the first growing season.\n 2. Any retailer selling or offering for sale phosphorus fertilizer for\nuse on lawn or non-agricultural turf shall comply with the retail sale\nrequirements in section one hundred forty-six-g of the agriculture and\nmarkets law related to display of phosphorus fertilizer and the posting\nof educational signs.\n 3. No person shall apply fertilizer to:\n (a) lawn or non-agricultural turf between December first and April\nfirst, annually;\n (b) any impervious surface including parking lots, roadways, and\nsidewalks. If such application occurs, the fertilizer must be\nimmediately contained and either legally applied to lawn or\nnon-agricultural turf or placed in an appropriate container; or\n (c) any lawn or non-agricultural turf on any real property within\ntwenty feet of any surface water, except that this restriction shall not\napply where a continuous natural vegetative buffer, at least ten feet\nwide, separates an area of lawn or non-agricultural turf and surface\nwater, and except that, where a spreader guard, deflector shield or drop\nspreader is used to apply fertilizer, such application may not occur\nwithin three feet of any surface water. This paragraph shall not apply\nto an application of fertilizer for newly established lawn or\nnon-agricultural turf during the first growing season.\n 4. Nothing in this title shall impair or supersede the authority of\nthe commissioner of agriculture and markets pursuant to articles ten and\ntwenty-five-AA of the agriculture and markets law.\n
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