N.Y. Public Health Law § 1396: Pesticide applications

§ 1396. Pesticide applications. 1. For purposes of this section

"pesticide" shall have the same meaning as set forth in subdivision

thirty-five of section 33-0101 of the environmental conservation law,

provided however that the following pesticide application shall be

exempt:

(a) the application of anti-microbial pesticides as defined by FIFRA

in 7 U.S.C. Section 136 (mm) and 136 q (h) (2);

(b) the use of an aerosol product with a directed spray, in containers

of eighteen fluid ounces or less, when used to protect individuals from

an imminent threat from stinging and biting insects, including venomous

spiders, bees, wasps and hornets;

(c) the use of non-volatile insect or rodent bait in a tamper

resistant container;

(d) the application of a pesticide classified by the United States

Environmental Protection Agency as an exempt material under 40 CFR Part

152.25;

(e) the use of boric acid and disodium octaborate tetrahydrate; or

(f) the use of horticultural soap and oils that do not contain

synthetic pesticides or synergists.

2. No person shall apply pesticide to any playground, turf or athletic

or playing field at any camp as defined pursuant to subdivisions one and

two of section thirteen hundred ninety-two of this article, or

children's non-regulated camp as defined pursuant to section three

hundred ninety-eight-f of the general business law, other than those on

publicly-owned or publicly-leased property in a city of more than one

million, except that: (a) an emergency application of a pesticide may be

made by a camp defined in subdivisions one and two of section thirteen

hundred ninety-two of this article as determined by the county health

department or for a county served by a district office of the department

of health, such authority as the county legislature shall designate, the

commissioner or his or her designee; and (b) an emergency application of

a pesticide may be made by a children's non-regulated camp defined in

section three hundred ninety-eight-f of the general business law as

determined by the commissioner or his or her designee.