N.Y. Environmental Conservation Law § 17-2103: Sale or use of phosphorus fertilizer restricted

§ 17-2103. Sale or use of phosphorus fertilizer restricted.

1. No person shall apply or authorize any person by way of service

contract or other arrangement to apply in this state any phosphorus

fertilizer on lawn or non-agricultural turf, except when:

(a) A soil test indicates that additional phosphorus is needed for

growth of that lawn or non-agricultural turf; or

(b) The phosphorus fertilizer is used for newly established lawn or

non-agricultural turf during the first growing season.

2. Any retailer selling or offering for sale phosphorus fertilizer for

use on lawn or non-agricultural turf shall comply with the retail sale

requirements in section one hundred forty-six-g of the agriculture and

markets law related to display of phosphorus fertilizer and the posting

of educational signs.

3. No person shall apply fertilizer to:

(a) lawn or non-agricultural turf between December first and April

first, annually;

(b) any impervious surface including parking lots, roadways, and

sidewalks. If such application occurs, the fertilizer must be

immediately contained and either legally applied to lawn or

non-agricultural turf or placed in an appropriate container; or

(c) any lawn or non-agricultural turf on any real property within

twenty feet of any surface water, except that this restriction shall not

apply where a continuous natural vegetative buffer, at least ten feet

wide, separates an area of lawn or non-agricultural turf and surface

water, and except that, where a spreader guard, deflector shield or drop

spreader is used to apply fertilizer, such application may not occur

within three feet of any surface water. This paragraph shall not apply

to an application of fertilizer for newly established lawn or

non-agricultural turf during the first growing season.

4. Nothing in this title shall impair or supersede the authority of

the commissioner of agriculture and markets pursuant to articles ten and

twenty-five-AA of the agriculture and markets law.