§ 390-G — Pesticide alternatives

§ 390-g. Pesticide alternatives. 1. For purposes of this section the\nfollowing terms shall have the meanings set forth below:\n (a) "Day care" shall apply to all child day care centers or head start\nday care centers, as defined in section three hundred ninety of this\ntitle.\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 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;\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 day care shall apply pesticide to any playgrounds, turf,\nathletic or playing fields, except that an emergency application of a\npesticide may be made as determined by the county health department or\nfor a county 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