N.Y. Social Services Law § 390-c: Notice of pesticide applications

* § 390-c. Notice of pesticide applications. 1. For the purposes of

this section the following terms shall have the meanings set forth

below:

(a) "Pesticide" shall have the same meaning as in subdivision

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

(b) "Daycare facility" shall mean licensed and registered child

daycare homes, programs and facilities.

2. Each daycare facility shall be subject to the following notice

requirements when pesticides are used at such facility:

(a) A notice of each pesticide application shall be posted in a common

area of the facility which is conspicuously visible to persons dropping

off or picking up children from the facility. Such notice shall be

posted not less than forty-eight hours prior to the pesticide

application.

(b) The notice required to be posted pursuant to paragraph (a) of this

subdivision shall include at a minimum:

(i) the location and specific date of the application at the daycare

facility. In case of outdoor applications the notice must provide a

specific date, and may include two alternative dates in case the

application cannot be made due to weather conditions.

(ii) the product name and pesticide registration number assigned by

the United States Environmental Protection Agency.

(iii) the following statement "This notice is to inform you of a

pending pesticide application at this facility. You may wish to discuss

with a representative of the daycare facility what precautions are being

taken to protect your child from exposure to these pesticides. Further

information about the product or products being applied, including any

warnings that appear on the label of the pesticide or pesticides that

are pertinent to the protection of humans, animals or the environment,

can be obtained by calling the National Pesticide Telecommunications

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

of Health Center for Environmental Health Info line at 1-800-458-1158".

(iv) the name of a representative of the daycare facility and contact

number for additional information.

(c) For purposes of this section the following pesticide applications

shall not be subject to the notification posting requirements:

(i) the application of anti microbial pesticides and anti microbial

products as defined by FIFRA in 7 U.S.C. §136 (mm) and 136q (h) (2);

(ii) 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. This section shall

not exempt from notification the use of any fogger product or aerosol

product that discharges to a wide area;

(iii) any application where the daycare facility remains unoccupied

for a continuous seventy-two hour period following the application of

the pesticide;

(iv) nonvolatile rodenticides in tamper resistant bait stations or in

areas inaccessible to children;

(v) silica gels and other nonvolatile ready-to-use, paste, foam or gel

formulations of insecticides in areas inaccessible to children;

(vi) nonvolatile insecticidal baits in tamper resistant bait stations

or in areas inaccessible to children;

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

Environmental Protection Agency as an exempt material under section 40

CFR Part 152.25;

(viii) boric acid and disodium octaborate tetrahydrate;

(ix) the application of a pesticide which the United States

Environmental Protection Agency has determined satisfies its reduced

risk criteria, including a biopesticide; or

(x) any emergency application of a pesticide when necessary to protect

against an imminent threat to human health, provided however, that prior

to any such emergency application, the person making such application

shall make a good faith effort to supply the written notice required

pursuant to this section. Upon making such an emergency application, the

person making such application shall notify the commissioner of health,

using a form developed by such commissioner for such purposes that shall

include minimally the name of the person making the application, the

pesticide business registration number or certified applicator number of

the person making such application, the location and date of such

application, the product name and USEPA registration number of the

pesticide applied and the reason for such application. The commissioner

of health shall review such form to ensure that the circumstance did

warrant such emergency application. Such forms shall be kept on file at

the department of health for three years from the date of application

and shall be available to any individual upon request.

3. Any person, other than a daycare facility, who contracts for the

application of a pesticide at a daycare facility shall provide to such

facility operator information required to be contained in the posting

pursuant to subdivision two of this section at least forty-eight hours

prior to such application.

4. (a) Any daycare facility that violates the provisions of

subdivision two of this section shall, for a first such violation of

this section, in lieu of penalty, be issued a written warning and shall

also be issued educational materials pursuant to subdivision two of

section 33-1005 of the environmental conservation law. Such facility

shall, however, for a second violation, be liable to the people of the

state for a civil penalty not to exceed one hundred dollars, and not to

exceed two hundred fifty dollars for any subsequent violation, such

penalties to be assessed by the commissioner after a hearing or

opportunity to be heard.

(b) Any person who violates subdivision three of this section shall,

for a first such violation of this section, in lieu of penalty, be

issued a written warning, and shall also be issued educational materials

pursuant to subdivision two of section 33-1005 of the environmental

conservation law. Such person shall, however, for a second violation, be

liable to the people of the state for a civil penalty not to exceed one

hundred dollars, and not to exceed two hundred fifty dollars for any

subsequent violation, such penalties to be assessed by the commissioner

of environmental conservation after a hearing or opportunity to be

heard.

* NB There are 2 § 390-c's