Section 17-1101*2. Definitions

For  the  purposes  of this chapter only, the
  following terms shall have the following meanings:
    1. "Abutting property" means any property which has  any  boundary  or
  boundary  point in common with the property on which the pesticide is to
  be applied.
    2. "Agricultural commodity"  means  any  plant  or  part  thereof,  or
  animal,  or  animal  product,  produced  by a person (including farmers,
  ranchers,  vineyardists,  plant  propagators,  Christmas  tree  growers,
  aquaculturalists,   floriculturists,  orchardists,  foresters  or  other
  comparable persons) primarily  for  sale,  consumption,  propagation  or
  other use by man or animals.
    3.  "Agency"  means  any  state  agency; municipal corporation; public
  authority; college, as that  term  is  defined  in  the  education  law;
  railroad,  as  that  term  is defined in the railroad law; or telegraph,
  telephone, telegraph and telephone, pipeline, gas, electric, or gas  and
  electric  corporation,  as those terms are defined in the transportation
  corporations law, which applies pesticides.
    4. "Commercial lawn application" means the application of pesticide to
  ground, trees or shrubs on public or private outdoor property.  For  the
  purposes  of  this  section,  the  following  shall  not  be  considered
  commercial lawn application:
    i. the application of  pesticide  for  the  purpose  of  producing  an
  agricultural commodity;
    ii. residential application of pesticides;
    iii.  the application of pesticides around or near the foundation of a
  building for the purpose of indoor pest control;
    iv. the application of pesticides by or on behalf of  agencies  except
  that  agencies  shall  be  subject  to  visual notification requirements
  pursuant to section 33-1003 of the environmental conservation law  where
  such  application  is  within  one  hundred feet of a dwelling, multiple
  dwelling, public building or public park; and
    v. the application of pesticides on golf courses or turf farms.
    5. "Dwelling" means any building or structure or portion thereof which
  is occupied in whole or in part as the home, residence or sleeping place
  for one or two families.
    6. "General use pesticide" means a pesticide which does not  meet  the
  state criteria for a restricted pesticide as established under authority
  of section 33-0303 of the environmental conservation law.
    7.  "Multiple  dwelling" means any dwelling which is to be occupied by
  or is occupied as the residence or home of three or more families living
  independently of each other.
    8. "Pesticide" means:
    i. any substance or mixture of  substances  intended  for  preventing,
  destroying, repelling or mitigating any pest; and
    ii. any substance or mixture of substances intended for use as a plant
  regulator, defoliant or desiccant.
    9. "Premises" means land and improvements or appurtenances or any part
  thereof.
    10.  "Residential  lawn  application" means the application of general
  use pesticides to ground, trees, or  shrubs  on  property  owned  by  or
  leased  to  the  individual making such application. For the purposes of
  this section, the following shall not  be  considered  residential  lawn
  application:
    i.  the  application  of  pesticides  for  the purpose of producing an
  agricultural commodity;
    ii. the application of pesticides around or near the foundation  of  a
  building for the purpose of indoor pest control;

    iii. the application of pesticides by or on behalf of agencies, except
  that  agencies  shall  be  subject  to  visual notification requirements
  pursuant to section 33-1003 of the environmental conservation law  where
  such  application  is  within  one  hundred feet of a dwelling, multiple
  dwelling, public building or public park; and
    iv. the application of pesticides on golf courses or turf farms.