§ 1396. Pesticide applications.
1.For purposes of this section\n"pesticide" shall have the same meaning as set forth in subdivision\nthirty-five of section 33-0101 of the environmental conservation law,\nprovided however that the following pesticide application shall be\nexempt:\n (a) the application of anti-microbial pesticides as defined by FIFRA\nin 7 U.S.C. Section 136 (mm) and 136 q (h) (2);\n (b) the use of an aerosol product with a directed spray, in containers\nof eighteen fluid ounces or less, when used to protect individuals from\nan imminent threat from stinging and biting insects, including venomous\nspiders, bees, wasps and hornets;\n (c) the use of non-volatile insect or rodent bait in a tamper\nresistant container;\n (d) the application of a pesticide classified by th Free access — add to your briefcase to read the full text and ask questions with AI
§ 1396. Pesticide applications. 1. For purposes of this section\n"pesticide" shall have the same meaning as set forth in subdivision\nthirty-five of section 33-0101 of the environmental conservation law,\nprovided however that the following pesticide application shall be\nexempt:\n (a) the application of anti-microbial pesticides as defined by FIFRA\nin 7 U.S.C. Section 136 (mm) and 136 q (h) (2);\n (b) the use of an aerosol product with a directed spray, in containers\nof eighteen fluid ounces or less, when used to protect individuals from\nan imminent threat from stinging and biting insects, including venomous\nspiders, bees, wasps and hornets;\n (c) the use of non-volatile insect or rodent bait in a tamper\nresistant container;\n (d) the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n (e) the use of boric acid and disodium octaborate tetrahydrate; or\n (f) the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists.\n 2. No person shall apply pesticide to any playground, turf or athletic\nor playing field at any camp as defined pursuant to subdivisions one and\ntwo of section thirteen hundred ninety-two of this article, or\nchildren's non-regulated camp as defined pursuant to section three\nhundred ninety-eight-f of the general business law, other than those on\npublicly-owned or publicly-leased property in a city of more than one\nmillion, except that: (a) an emergency application of a pesticide may be\nmade by a camp defined in subdivisions one and two of section thirteen\nhundred ninety-two of this article as determined by the county health\ndepartment or for a county served by a district office of the department\nof health, such authority as the county legislature shall designate, the\ncommissioner or his or her designee; and (b) an emergency application of\na pesticide may be made by a children's non-regulated camp defined in\nsection three hundred ninety-eight-f of the general business law as\ndetermined by the commissioner or his or her designee.\n