Section 17-1102. Notification requirements for commercial and residential lawn applications

a. (1) All retail establishments  that  sell  general  use  pesticides  for  commercial  or  residential lawn application shall
  display a sign meeting standards, established  by  the  New  York  state
  commissioner  of  environmental conservation pursuant to subdivision one
  of  section  33-1005  of  the  environmental  conservation  law,  in   a
  conspicuous place, and such sign shall be placed as close as possible to
  the place where such pesticides are displayed.
    (2)  The  signs  required to be displayed pursuant to paragraph one of
  this subdivision shall  contain,  at  a  minimum,  pursuant  to  section
  33-1005 of the environmental conservation law:
    i.  a  warning  notice  directing  consumers  to  follow directions on
  labels;
    ii. a provision to inform the customer of the posting requirements set
  forth in subdivision c of this section; and
    iii. a recommendation that the customer notify neighbors prior to  the
  application of pesticides so that such neighbors may take precautions to
  avoid pesticide exposure.
    b.  (1)  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 the environmental conservation law, to:
    i.  occupants  of  all  dwellings on abutting property with a boundary
  that is within one hundred fifty feet of the site of  such  application;
  and
    ii. owners, owners' agents or other persons in a position of authority
  for  all  other  types  of premises 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  New  York  state  commissioner  of
  environmental conservation.
    (2) The written notice required pursuant  to  paragraph  one  of  this
  subdivision  shall contain, at a minimum, pursuant to section 33-1005 of
  the environmental conservation law:
    i. the address of the premises where application is to be done;
    ii. the name and telephone number and pesticide business  registration
  number  or  certified  applicator  number  of  the  person providing the
  application;
    iii.  the  specific  date  of  each  pesticide  application  and   two
  alternative  dates  to  the  proposed  date  of application when, due to
  weather conditions, the pesticide application on the  proposed  date  is
  precluded;
    iv.  the  product  name  or  names and the United States environmental
  protection agency registration number or numbers  of  the  pesticide  or
  pesticides to be applied; and
    v.  a prominent statement that reads: "This notice is to inform you of
  a pending pesticide application to neighboring property. You may wish to
  take precautions to minimize  pesticide  exposure  to  yourself,  family
  members,  pets  or  family  possessions.  Further  information about the
  product or products being applied, including any warnings that appear on
  the labels of such pesticide or pesticides that  are  pertinent  to  the
  protection  of  humans,  animals  or the environment, can be obtained by
  calling  the   National   Pesticides   Telecommunications   Network   at
  1-800-858-7378  or  the  New  York State Department of Health Center for
  Environmental Health Info line at 1-800-458-1158."

    (3) The  prior  notification  provisions  of  paragraph  one  of  this
  subdivision shall not apply to the following:
    i.  the  application  of  anti-microbial pesticides and anti-microbial
  products  as  defined  by  the  federal   insecticide,   fungicide   and
  rodenticide act (FIFRA) in 7 U.S.C. sections 136(mm) and 136q(h)(2);
    ii. 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;
    iii.  the  use  of  non-volatile  insect  or  rodent  bait in a tamper
  resistant container;
    iv. the application of a pesticide classified  by  the  United  States
  environmental  protection  agency  as  an  exempt material under section
  152.25 of title forty of the code of federal regulations;
    v.  the  application  of  a  pesticide   which   the   United   States
  environmental  protection  agency  has  determined satisfies its reduced
  risk criteria, including a biopesticide;
    vi. the use of boric acid and disodium octaborate tetrahydrate;
    vii. the use of horticultural  soap  and  oils  that  do  not  contain
  synthetic pesticides or synergists;
    viii.   the  application  of  a  granular  pesticide,  where  granular
  pesticide means any ground applied solid pesticide that is not a dust or
  powder;
    ix. the application of a pesticide by direct injection into a plant or
  the ground;
    x. 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;
    xi.  the  application  of  a  pesticide  to  the ground or turf of any
  cemetery; and
    xii. 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 chapter. Upon making an emergency application,
  the  person  making  such  application  shall  notify the New York state
  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.  (1)  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. Such markers
  shall  be posted at least twelve inches above the ground and shall be at
  least four inches by five inches in size.
    (2) The markers required pursuant to paragraph one of this subdivision
  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.