§ 390-C — Notice of pesticide applications

* § 390-c. Notice of pesticide applications. 1. For the purposes of\nthis section the following terms shall have the meanings set forth\nbelow:\n (a) "Pesticide" shall have the same meaning as in subdivision\nthirty-five of section 33-0101 of the environmental conservation law.\n (b) "Daycare facility" shall mean licensed and registered child\ndaycare homes, programs and facilities.\n 2. Each daycare facility shall be subject to the following notice\nrequirements when pesticides are used at such facility:\n (a) A notice of each pesticide application shall be posted in a common\narea of the facility which is conspicuously visible to persons dropping\noff or picking up children from the facility. Such notice shall be\nposted not less than forty-eight hours prior to the pesticide\napplication.\n (b) The notice required to be posted pursuant to paragraph (a) of this\nsubdivision shall include at a minimum:\n (i) the location and specific date of the application at the daycare\nfacility. In case of outdoor applications the notice must provide a\nspecific date, and may include two alternative dates in case the\napplication cannot be made due to weather conditions.\n (ii) the product name and pesticide registration number assigned by\nthe United States Environmental Protection Agency.\n (iii) the following statement "This notice is to inform you of a\npending pesticide application at this facility. You may wish to discuss\nwith a representative of the daycare facility what precautions are being\ntaken to protect your child from exposure to these pesticides. Further\ninformation about the product or products being applied, including any\nwarnings that appear on the label of the pesticide or pesticides that\nare pertinent to the protection of humans, animals or the environment,\ncan be obtained by calling the National Pesticide Telecommunications\nNetwork Information at 1-800-858-7378 or the New York State Department\nof Health Center for Environmental Health Info line at 1-800-458-1158".\n (iv) the name of a representative of the daycare facility and contact\nnumber for additional information.\n (c) For purposes of this section the following pesticide applications\nshall not be subject to the notification posting requirements:\n (i) the application of anti microbial pesticides and anti microbial\nproducts as defined by FIFRA in 7 U.S.C. §136 (mm) and 136q (h) (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. This section shall\nnot exempt from notification the use of any fogger product or aerosol\nproduct that discharges to a wide area;\n (iii) any application where the daycare facility remains unoccupied\nfor a continuous seventy-two hour period following the application of\nthe pesticide;\n (iv) nonvolatile rodenticides in tamper resistant bait stations or in\nareas inaccessible to children;\n (v) silica gels and other nonvolatile ready-to-use, paste, foam or gel\nformulations of insecticides in areas inaccessible to children;\n (vi) nonvolatile insecticidal baits in tamper resistant bait stations\nor in areas inaccessible to children;\n (vii) application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under section 40\nCFR Part 152.25;\n (viii) boric acid and disodium octaborate tetrahydrate;\n (ix) the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide; or\n (x) any emergency application of a pesticide when necessary to protect\nagainst an imminent threat to human health, provided however, that prior\nto any such emergency application, the person making such application\nshall make a good faith effort to supply the written notice required\npursuant to this section. Upon making such an emergency application, the\nperson making such application shall notify the commissioner of health,\nusing a form developed by such commissioner for such purposes that shall\ninclude minimally the name of the person making the application, the\npesticide business registration number or certified applicator number of\nthe person making such application, the location and date of such\napplication, the product name and USEPA registration number of the\npesticide applied and the reason for such application. The commissioner\nof health shall review such form to ensure that the circumstance did\nwarrant such emergency application. Such forms shall be kept on file at\nthe department of health for three years from the date of application\nand shall be available to any individual upon request.\n 3. Any person, other than a daycare facility, who contracts for the\napplication of a pesticide at a daycare facility shall provide to such\nfacility operator information required to be contained in the posting\npursuant to subdivision two of this section at least forty-eight hours\nprior to such application.\n 4. (a) Any daycare facility that violates the provisions of\nsubdivision two of this section shall, for a first such violation of\nthis section, in lieu of penalty, be issued a written warning and shall\nalso be issued educational materials pursuant to subdivision two of\nsection 33-1005 of the environmental conservation law. Such facility\nshall, however, for a second violation, be liable to the people of the\nstate for a civil penalty not to exceed one hundred dollars, and not to\nexceed two hundred fifty dollars for any subsequent violation, such\npenalties to be assessed by the commissioner after a hearing or\nopportunity to be heard.\n (b) Any person who violates subdivision three of this section shall,\nfor a first such violation of this section, in lieu of penalty, be\nissued a written warning, and shall also be issued educational materials\npursuant to subdivision two of section 33-1005 of the environmental\nconservation law. Such person shall, however, for a second violation, be\nliable to the people of the state for a civil penalty not to exceed one\nhundred dollars, and not to exceed two hundred fifty dollars for any\nsubsequent violation, such penalties to be assessed by the commissioner\nof environmental conservation after a hearing or opportunity to be\nheard.\n * NB There are 2 § 390-c's\n