§ 33-1005*2 — Commissioner's regulations

* § 33-1005. Commissioner's regulations.\n For purposes of implementing section 33-1004 of this article in any\ncounty not contained entirely within a city or any city with a\npopulation of one million or more that has adopted a local law pursuant\nto such section:\n 1. The commissioner shall promulgate rules and regulations\nestablishing uniform standards for a consumer pesticide use information\nsign which shall be placed in retail establishments that sell general\nuse pesticides for commercial or residential lawn application. This sign\nshall be in both the English and Spanish languages, and any other\nlanguages if the commissioner deems it necessary pursuant to rules and\nregulations, and shall contain the following information:\n a. a warning notice directing consumers to follow directions on\nlabels;\n b. a provision to inform the customer of the posting requirements set\nforth in paragraph c of subdivision one of section 33-1004 of this\narticle; and\n c. a recommendation that the customer notify neighbors prior to the\napplication of pesticides so that such neighbors may take precautions to\navoid pesticide exposure.\n 2. The commissioner shall prepare and publish, in consultation with\nthe commissioner of health, educational materials, in both the English\nand Spanish languages and any other languages if the commissioner deems\nit necessary, explaining the requirements of paragraphs b and c of\nsubdivision one of section 33-1004 of this article and section three\nhundred ninety-c of the social services law and the human and\nenvironmental health effects of lawn care pesticides.\n 3. a. The commissioner shall promulgate rules and regulations\nspecifying the following: the content and form of the written notice\nrequired in paragraph b of subdivision one of section 33-1004 of this\narticle, with the content consisting minimally of the following:\n (i) the address of the premises where application is to be done;\n (ii) the name and telephone number and pesticide business registration\nnumber or certified applicator number of the person providing the\napplication;\n (iii) the specific date of each pesticide application and two\nalternative dates to the proposed date of application when, due to\nweather conditions, the pesticide application on the proposed date is\nprecluded;\n (iv) the product name or names and the United States Environmental\nProtection Agency registration number or numbers of the pesticide or\npesticides to be applied;\n (v) a prominent statement that reads: "This notice is to inform you of\na pending pesticide application to: 1. a neighboring property; or 2.\nthis premise. You may wish to take precautions to minimize pesticide\nexposure to yourself, family members, pets or family possessions.\nFurther information about the product or products being applied,\nincluding any warnings that appear on the labels of such pesticide or\npesticides that are pertinent to the protection of humans, animals or\nthe environment, can be obtained by calling the National Pesticides\nTelecommunications Network at 1-800-858-7378 or the New York State\nDepartment of Health Center for Environmental Health Info line at\n1-800-458-1158".\n b. The commissioner shall review and revise as necessary the phone\nnumbers required to appear in notices pursuant to this section and\npursuant to section four hundred nine-h of the education law and section\nthree hundred ninety-c of the social services law. Notwithstanding the\nprovisions of the state administrative procedure act, such phone numbers\nshall be established as a rule by publication in the environmental\nnotice bulletin.\n c. The written notice required by paragraph b of subdivision one of\nsection 33-1004 of this article shall be in both the English and Spanish\nlanguages, and any other languages if the commissioner deems it\nnecessary pursuant to rules and regulations.\n 4. The commissioner shall promulgate rules and regulations specifying:\nthe manner in which persons providing commercial lawn application shall\nsupply written notice as required under paragraph b of subdivision one\nof section 33-1004 of this article including, but not limited to,\nmailing, or leaving with a responsible adult or in a conspicuous\nlocation on the premises or abutting property; the manner in which the\nowner or owner's agent of multiple family dwellings covered under\nparagraph b of subdivision one of section 33-1004 of this article shall\nsupply such written notice to the occupants of such multiple family\ndwellings; and for all other premises covered under paragraph b of\nsubdivision one of section 33-1004 of this article, the manner in which\nthe owner, owner's agent or other person in a position of authority\nshall supply such written notice. Such rules and regulations shall\nspecify a manner in which persons providing commercial lawn applications\nmay provide an option to occupants of dwellings to decline further\nnotices.\n 5. The commissioner is hereby authorized to promulgate rules and\nregulations, not inconsistent with any other provisions of law,\nspecifying procedures for the department's investigation and processing\nof alleged violations of paragraph c of subdivision one of section\n33-1004 of this article that pertain to persons performing residential\nlawn applications. Such uniform procedures may require complaints to be\nin the form of a sworn statement containing the facts upon which an\nalleged violation is based and may provide that the department is not\nrequired to perform any testing or sampling in relation to the\ninvestigation of any such alleged violations.\n * NB There are 2 § 33-1005's\n