NEW REQUIREMENTS FOR APPLICATION OF PESTICIDES

New York State has adopted special requirements for commercial applications of pesticides (NYSDEC Regulations 6NYCRR Part 325). In addition, Nassau County has opted in to the NY State Neighbor Notification requirement. In order to avoid violating the law, applications of pesticides must be made only by persons recognized as having demonstrated competency and who possess a Certification ID. Certification ID's are required for Certified commercial applicators and Certified commercial pesticide technicians. Commercial pesticide apprentices must meet certain requirements and must work under the direct supervision of a certified commercial pesticide applicator. A certified commercial gardener must possess on his person a valid ID card issued by the NY State DEC. Certification eligibility courses may be found at http://pmep.cce.cornell.edu/certification/thirty-hour.html.

The following summarizes the provisions of the New York State law pertaining to the application of garden pesticides.

CONTRACTS

l. Prior to any pesticide application to ground, trees or shrubs, the commercial applicator shall enter into a written contract with the owner of the property or his agent. (A sample contract has been developed by the administration of the Nassau/Suffolk Landscape Gardener's Association.) The contract must specify the approximate date or dates of the application, number of applications, and total cost for the service to be provided. The property owner or his agent is to be supplied with a written copy of:

a. A list of substances to be applied including brand names and generic names of active ingredients:

b. Any warnings that appear on the label of pesticides to be applied that are pertinent to the protection of humans, animals or the environment; and

c. The company name, address, telephone number, business registration number, and applicator certification identification card number.

2. In the event that application on the date or dates specified in the contract becomes infeasible, the person who is to provide such application shall give the owner or his agent oral or written notice of the proposed alternate date or dates, and shall receive acceptance of such alternate date or dates from the owner or his agent prior to initiating lawn application.

3. Persons providing commercial lawn applications shall maintain copies of all contracts required pursuant the above.

MARKERS

All persons applying pesticides to lawns shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Such markers shall be posted at least twelve inches above the ground and shall be at least four by five inches in size. The markers 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 instructions shall be printed boldly in letters at least three-eights of an inch in height. Markers placed by commercial applicators must be yellow in color, have lettering which is black in color, and be constructed or rigid material. All such markers must include on the front of the marker:

a. The phrase PESTICIDES APPLICATION or PESTICIDE TREATMENT or PESTICIDES APPLIED;

b. The specific date and time of application, unless the date and time are provided to property owner immediately following application and prior to leaving premises:

c. The phrase DO NOT ENTER; and

d. The phrase DO NOT REMOVE SIGN FOR 24 HOURS;

e. A prominent visual warning symbol, at least 1.5 inches in diameter, such as a person walking a dog with a slash through the symbol or a stern face with an outward facing raised open hand ; and

f. The name and telephone number of the applicator business.

NEIGHBOR NOTIFICATION

These following rules apply whether pesticides are applied by a commercial entity or by the resident.

Prior neighbor notification to owners of adjacent property with a boundary that is within one hundred fifty feet of the site of application requires a written notice, 48 hours prior to the application, except for the application of anti-microbial pesticides and the use of an aerosol product with a directed spray when used to protect individuals from an imminent threat from stinging and biting insects. This exception does not exempt from notification the use of any fogger product or aerosol product that discharges to a wide area. Also exempt from neighbor notification requirements are non-volatile insect or rodent bait in a tamper resistant container, pesticides classified by the U.S. EPA as exempt material under 40 CFR Part 152.25, pesticides which the U.S. EPA has determined satisfies its reduced risk criteria, including a biopesticide, the use of boric acid and disodium octaborate tetrahydrate, horticultural soap or oils that do not contain synthetic pesticides or synergists, and the application of a granular pesticide where granular pesticide means any ground applied solid pesticide that is not a dust or powder. Emergency application of a pesticide when necessary to protect against an imminent threat to human health is also exempt from prior neighbor notification, provided that the person providing the application makes a good faith effort to supply written notice and notifies the Commissioner of Health of Nassau County, using forms provided by the commissioner.