§ 409-K — Pesticide alternatives

§ 409-k. Pesticide alternatives. 1. For purposes of this section the\nfollowing terms shall have the meanings set forth below:\n (a) "School" shall mean any public school district or private or\nparochial school or board of cooperative educational services.\n (b) "Pesticide" shall have the same meaning as set forth in\nsubdivision thirty-five of section 33-0101 of the environmental\nconservation law, provided however that it shall not include:\n (i) 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 (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;\n (iii) the use of non-volatile insect or rodent bait in a tamper\nresistant container;\n (iv) the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n (v) the use of boric acid and disodium octaborate tetrahydrate; or\n (vi) the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists.\n 2. No school shall apply pesticide to any playgrounds, turf, athletic\nor playing fields, except that an emergency application of a pesticide\nmay be made as determined by the county health department or for a\ncounty not having a health department such authority as the county\nlegislature shall designate, the commissioner of health or his or her\ndesignee, the commissioner of environmental conservation or his or her\ndesignee, or, in the case of a public school, the school board.\n