§ 33-1004. Lawn applications; certain municipalities.\n 1. Notwithstanding any other provision of law to the contrary, any\ncounty not contained entirely within a city, and any city with a\npopulation of one million or more, may, after public hearing, adopt a\nlocal law comprised of the following provisions in their entirety and\nwithout exception including all applicable definitions as provided in\nthis article:\n a. All retail establishments that sell general use pesticides for\ncommercial or residential lawn application shall display a sign meeting\nstandards, established by the commissioner pursuant to subdivision one\nof section 33-1005 of this article, in a conspicuous place, and such\nsign shall be placed as close as possible to the place where such\npesticides are displayed.\n b. (i) At least forty-eight hours prior to any commercial lawn\napplication of a pesticide, the person or business making such\napplication shall supply written notice, as defined in subdivision three\nof section 33-1005 of this article to:\n A. occupants of all dwellings, as defined in paragraph d of\nsubdivision five of section 33-0905 of this article, on abutting\nproperty with a boundary that is within one hundred fifty feet of the\nsite of such application; and to owners, owners' agents, or other\npersons in a position of authority for all other types of premises, as\ndefined in paragraph d of subdivision five of section 33-0905 of this\narticle, that are on abutting property with a boundary that is within\none hundred fifty feet of the site of such application. Owners or\nowners' agents of multiple family dwellings shall supply such written\nnotice to the occupants of such multiple family dwellings and for all\nother types of premises, owners, owners' agents or other persons in a\nposition of authority shall post such written notice in a manner\nspecified by the commissioner; and\n B. owners, owners' agents or other persons in positions of authority\nfor multiple family dwellings, the property of which is the site of such\napplication. Owners, or owners' agents of multiple family dwellings\nshall supply such written notice to the occupants of such multiple\nfamily dwellings in a manner specified by the commissioner.\n (ii) The prior notification provisions of this paragraph shall not\napply to the following:\n A. the application of anti-microbial pesticides and anti-microbial\nproducts as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)\n(2);\n B. the use of an aerosol product with a directed spray, in containers\nof eighteen fluid ounces or less, when used to protect individuals from\nan imminent threat from stinging and biting insects, including venomous\nspiders, bees, wasps and hornets. This section shall not exempt from\nnotification the use of any fogger product or aerosol product that\ndischarges to a wide area;\n C. the use of non-volatile insect or rodent bait in a tamper resistant\ncontainer;\n D. the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n E. the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide;\n F. the use of boric acid and disodium octaborate tetrahydrate;\n G. the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists;\n H. the application of a granular pesticide, where granular pesticide\nmeans any ground applied solid pesticide that is not a dust or powder;\n I. the application of a pesticide by direct injection into a plant or\nthe ground;\n J. the spot application of a pesticide, where spot application means\nthe application of pesticide in a manually pressurized or\nnon-pressurized container of thirty-two fluid ounces or less to an area\nof ground less than nine square feet;\n K. the application of a pesticide to the ground or turf of any\ncemete
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.