N.Y. Environmental Conservation Law § 33-1005*2: Commissioner's regulations

* § 33-1005. Commissioner's regulations.

For purposes of implementing section 33-1004 of this article in any

county not contained entirely within a city or any city with a

population of one million or more that has adopted a local law pursuant

to such section:

1. The commissioner shall promulgate rules and regulations

establishing uniform standards for a consumer pesticide use information

sign which shall be placed in retail establishments that sell general

use pesticides for commercial or residential lawn application. This sign

shall be in both the English and Spanish languages, and any other

languages if the commissioner deems it necessary pursuant to rules and

regulations, and shall contain the following information:

a. a warning notice directing consumers to follow directions on

labels;

b. a provision to inform the customer of the posting requirements set

forth in paragraph c of subdivision one of section 33-1004 of this

article; and

c. a recommendation that the customer notify neighbors prior to the

application of pesticides so that such neighbors may take precautions to

avoid pesticide exposure.

2. The commissioner shall prepare and publish, in consultation with

the commissioner of health, educational materials, in both the English

and Spanish languages and any other languages if the commissioner deems

it necessary, explaining the requirements of paragraphs b and c of

subdivision one of section 33-1004 of this article and section three

hundred ninety-c of the social services law and the human and

environmental health effects of lawn care pesticides.

3. a. The commissioner shall promulgate rules and regulations

specifying the following: the content and form of the written notice

required in paragraph b of subdivision one of section 33-1004 of this

article, with the content consisting minimally of the following:

(i) the address of the premises where application is to be done;

(ii) the name and telephone number and pesticide business registration

number or certified applicator number of the person providing the

application;

(iii) the specific date of each pesticide application and two

alternative dates to the proposed date of application when, due to

weather conditions, the pesticide application on the proposed date is

precluded;

(iv) the product name or names and the United States Environmental

Protection Agency registration number or numbers of the pesticide or

pesticides to be applied;

(v) a prominent statement that reads: "This notice is to inform you of

a pending pesticide application to: 1. a neighboring property; or 2.

this premise. You may wish to take precautions to minimize pesticide

exposure to yourself, family members, pets or family possessions.

Further information about the product or products being applied,

including any warnings that appear on the labels of such pesticide or

pesticides that are pertinent to the protection of humans, animals or

the environment, can be obtained by calling the National Pesticides

Telecommunications Network at 1-800-858-7378 or the New York State

Department of Health Center for Environmental Health Info line at

1-800-458-1158".

b. The commissioner shall review and revise as necessary the phone

numbers required to appear in notices pursuant to this section and

pursuant to section four hundred nine-h of the education law and section

three hundred ninety-c of the social services law. Notwithstanding the

provisions of the state administrative procedure act, such phone numbers

shall be established as a rule by publication in the environmental

notice bulletin.

c. The written notice required by paragraph b of subdivision one of

section 33-1004 of this article shall be in both the English and Spanish

languages, and any other languages if the commissioner deems it

necessary pursuant to rules and regulations.

4. The commissioner shall promulgate rules and regulations specifying:

the manner in which persons providing commercial lawn application shall

supply written notice as required under paragraph b of subdivision one

of section 33-1004 of this article including, but not limited to,

mailing, or leaving with a responsible adult or in a conspicuous

location on the premises or abutting property; the manner in which the

owner or owner's agent of multiple family dwellings covered under

paragraph b of subdivision one of section 33-1004 of this article shall

supply such written notice to the occupants of such multiple family

dwellings; and for all other premises covered under paragraph b of

subdivision one of section 33-1004 of this article, the manner in which

the owner, owner's agent or other person in a position of authority

shall supply such written notice. Such rules and regulations shall

specify a manner in which persons providing commercial lawn applications

may provide an option to occupants of dwellings to decline further

notices.

5. The commissioner is hereby authorized to promulgate rules and

regulations, not inconsistent with any other provisions of law,

specifying procedures for the department's investigation and processing

of alleged violations of paragraph c of subdivision one of section

33-1004 of this article that pertain to persons performing residential

lawn applications. Such uniform procedures may require complaints to be

in the form of a sworn statement containing the facts upon which an

alleged violation is based and may provide that the department is not

required to perform any testing or sampling in relation to the

investigation of any such alleged violations.

* NB There are 2 § 33-1005's