* § 390-c. Notice of pesticide applications. 1. For the purposes of\nthis section the following terms shall have the meanings set forth\nbelow:\n (a) "Pesticide" shall have the same meaning as in subdivision\nthirty-five of section 33-0101 of the environmental conservation law.\n (b) "Daycare facility" shall mean licensed and registered child\ndaycare homes, programs and facilities.\n 2. Each daycare facility shall be subject to the following notice\nrequirements when pesticides are used at such facility:\n (a) A notice of each pesticide application shall be posted in a common\narea of the facility which is conspicuously visible to persons dropping\noff or picking up children from the facility. Such notice shall be\nposted not less than forty-eight hours prior to the pesticide\napplication.\n (b) The notice required to be posted pursuant to paragraph (a) of this\nsubdivision shall include at a minimum:\n (i) the location and specific date of the application at the daycare\nfacility. In case of outdoor applications the notice must provide a\nspecific date, and may include two alternative dates in case the\napplication cannot be made due to weather conditions.\n (ii) the product name and pesticide registration number assigned by\nthe United States Environmental Protection Agency.\n (iii) the following statement "This notice is to inform you of a\npending pesticide application at this facility. You may wish to discuss\nwith a representative of the daycare facility what precautions are being\ntaken to protect your child from exposure to these pesticides. Further\ninformation about the product or products being applied, including any\nwarnings that appear on the label of the pesticide or pesticides that\nare pertinent to the protection of humans, animals or the environment,\ncan be obtained by calling the National Pesticide Telecommunications\nNetwork Information at 1-800-858-7378 or the New York State Department\nof Health Center for Environmental Health Info line at 1-800-458-1158".\n (iv) the name of a representative of the daycare facility and contact\nnumber for additional information.\n (c) For purposes of this section the following pesticide applications\nshall not be subject to the notification posting requirements:\n (i) the application of anti microbial pesticides and anti microbial\nproducts as defined by FIFRA in 7 U.S.C. §136 (mm) and 136q (h) (2);\n (ii) the use of an aerosol product with a directed spray, in\ncontainers of eighteen fluid ounces, or less, when used to protect\nindividuals from an imminent threat from stinging and biting insects\nincluding venomous spiders, bees, wasps and hornets. This section shall\nnot exempt from notification the use of any fogger product or aerosol\nproduct that discharges to a wide area;\n (iii) any application where the daycare facility remains unoccupied\nfor a continuous seventy-two hour period following the application of\nthe pesticide;\n (iv) nonvolatile rodenticides in tamper resistant bait stations or in\nareas inaccessible to children;\n (v) silica gels and other nonvolatile ready-to-use, paste, foam or gel\nformulations of insecticides in areas inaccessible to children;\n (vi) nonvolatile insecticidal baits in tamper resistant bait stations\nor in areas inaccessible to children;\n (vii) application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under section 40\nCFR Part 152.25;\n (viii) boric acid and disodium octaborate tetrahydrate;\n (ix) the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide; or\n (x) any emergency application of a pesticide when necessary to protect\nagainst an imminent threat to human health, provided however, that prior\nto any such emergency application, the person making such application\nshall make a good faith effort to supply the written notice required\npur
‹ 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.