Section 17-1101
§ 17-1101 Definitions. For the purposes of this chapter only, the
following terms shall have the following meanings:
1. "Abutting property" means any property which has any boundary or
boundary point in common with the property on which the pesticide is to
be applied.
2. "Agricultural commodity" means any plant or part thereof, or
animal, or animal product, produced by a person (including farmers,
ranchers, vineyardists, plant propagators, Christmas tree growers,
aquaculturalists, floriculturists, orchardists, foresters or other
comparable persons) primarily for sale, consumption, propagation or
other use by man or animals.
3. "Agency" means any state agency; municipal corporation; public
authority; college, as that term is defined in the education law;
railroad, as that term is defined in the railroad law; or telegraph,
telephone, telegraph and telephone, pipeline, gas, electric, or gas and
electric corporation, as those terms are defined in the transportation
corporations law, which applies pesticides.
4. "Commercial lawn application" means the application of pesticide to
ground, trees or shrubs on public or private outdoor property. For the
purposes of this section, the following shall not be considered
commercial lawn application:
i. the application of pesticide for the purpose of producing an
agricultural commodity;
ii. residential application of pesticides;
iii. the application of pesticides around or near the foundation of a
building for the purpose of indoor pest control;
iv. the application of pesticides by or on behalf of agencies except
that agencies shall be subject to visual notification requirements
pursuant to section 33-1003 of the environmental conservation law where
such application is within one hundred feet of a dwelling, multiple
dwelling, public building or public park; and
v. the application of pesticides on golf courses or turf farms.
5. "Dwelling" means any building or structure or portion thereof which
is occupied in whole or in part as the home, residence or sleeping place
for one or two families.
6. "General use pesticide" means a pesticide which does not meet the
state criteria for a restricted pesticide as established under authority
of section 33-0303 of the environmental conservation law.
7. "Multiple dwelling" means any dwelling which is to be occupied by
or is occupied as the residence or home of three or more families living
independently of each other.
8. "Pesticide" means:
i. any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any pest; and
ii. any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
9. "Premises" means land and improvements or appurtenances or any part
thereof.
10. "Residential lawn application" means the application of general
use pesticides to ground, trees, or shrubs on property owned by or
leased to the individual making such application. For the purposes of
this section, the following shall not be considered residential lawn
application:
i. the application of pesticides for the purpose of producing an
agricultural commodity;
ii. the application of pesticides around or near the foundation of a
building for the purpose of indoor pest control;
iii. the application of pesticides by or on behalf of agencies, except
that agencies shall be subject to visual notification requirements
pursuant to section 33-1003 of the environmental conservation law where
such application is within one hundred feet of a dwelling, multiple
dwelling, public building or public park; and
iv. the application of pesticides on golf courses or turf farms.
Section 17-1102
§ 17-1102 Notification requirements for commercial and residential
lawn applications. a. (1) All retail establishments that sell general
use pesticides for commercial or residential lawn application shall
display a sign meeting standards, established by the New York state
commissioner of environmental conservation pursuant to subdivision one
of section 33-1005 of the environmental conservation law, in a
conspicuous place, and such sign shall be placed as close as possible to
the place where such pesticides are displayed.
(2) The signs required to be displayed pursuant to paragraph one of
this subdivision shall contain, at a minimum, pursuant to section
33-1005 of the environmental conservation law:
i. a warning notice directing consumers to follow directions on
labels;
ii. a provision to inform the customer of the posting requirements set
forth in subdivision c of this section; and
iii. a recommendation that the customer notify neighbors prior to the
application of pesticides so that such neighbors may take precautions to
avoid pesticide exposure.
b. (1) At least forty-eight hours prior to any commercial lawn
application of a pesticide, the person or business making such
application shall supply written notice, as defined in subdivision three
of section 33-1005 of the environmental conservation law, to:
i. occupants of all dwellings on abutting property with a boundary
that is within one hundred fifty feet of the site of such application;
and
ii. owners, owners' agents or other persons in a position of authority
for all other types of premises that are on abutting property with a
boundary that is within one hundred fifty feet of the site of such
application. Owners or owners' agents of multiple family dwellings shall
supply such written notice to the occupants of such multiple family
dwellings and for all other types of premises, owners, owners' agents or
other persons in a position of authority shall post such written notice
in a manner specified by the New York state commissioner of
environmental conservation.
(2) The written notice required pursuant to paragraph one of this
subdivision shall contain, at a minimum, pursuant to section 33-1005 of
the environmental conservation law:
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; and
v. a prominent statement that reads: "This notice is to inform you of
a pending pesticide application to neighboring property. 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."
(3) The prior notification provisions of paragraph one of this
subdivision shall not apply to the following:
i. the application of anti-microbial pesticides and anti-microbial
products as defined by the federal insecticide, fungicide and
rodenticide act (FIFRA) in 7 U.S.C. sections 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. the use of non-volatile insect or rodent bait in a tamper
resistant container;
iv. the application of a pesticide classified by the United States
environmental protection agency as an exempt material under section
152.25 of title forty of the code of federal regulations;
v. the application of a pesticide which the United States
environmental protection agency has determined satisfies its reduced
risk criteria, including a biopesticide;
vi. the use of boric acid and disodium octaborate tetrahydrate;
vii. the use of horticultural soap and oils that do not contain
synthetic pesticides or synergists;
viii. the application of a granular pesticide, where granular
pesticide means any ground applied solid pesticide that is not a dust or
powder;
ix. the application of a pesticide by direct injection into a plant or
the ground;
x. the spot application of a pesticide, where spot application means
the application of pesticide in a manually pressurized or
non-pressurized container of thirty-two fluid ounces or less to an area
of ground less than nine square feet;
xi. the application of a pesticide to the ground or turf of any
cemetery; and
xii. an 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 providing such
application shall make a good faith effort to supply the written notice
required pursuant to this chapter. Upon making an emergency application,
the person making such application shall notify the New York state
commissioner of health, using a form developed by such commissioner for
such purposes that shall include minimally the name of the person making
such application, the pesticide business registration number or
certified applicator number of the person making such application, the
location of such application, the date of such application, the product
name and United States environmental protection agency registration
number of the pesticide applied and the reason for such application.
c. (1) All persons performing residential lawn applications treating
an area more than one hundred square feet shall affix markers to be
placed within or along the perimeter of the area where pesticides will
be applied. Markers are to be placed so as to be clearly visible to
persons immediately outside the perimeter of such property. Such markers
shall be posted at least twelve inches above the ground and shall be at
least four inches by five inches in size.
(2) The markers required pursuant to paragraph one of this subdivision
shall be in place on the day during which the pesticide is being applied
and shall instruct persons not to enter the property and not to remove
the signs for a period of at least twenty-four hours. Such instruction
shall be printed boldly in letters at least three-eighths of an inch in
height.
Section 17-1103
§ 17-1103 Enforcement. a. Pursuant to section 33-1004 of the
environmental conservation law, the department and the department of
environmental protection shall have concurrent authority with the state
of New York to enforce the provisions of this chapter, provided that all
penalties, which shall be assessed after providing a hearing or
opportunity to be heard, shall be as specified in section 17-1104 of
this chapter and shall be payable to and deposited with the city of New
York.
b. Pursuant to section 33-1004 of the environmental conservation law,
the department of consumer affairs shall have concurrent authority with
the department, the department of environmental protection and the state
of New York to enforce the provisions of subdivision a of section
17-1102 of this chapter, provided that all penalties, which shall be
assessed after providing a hearing or opportunity to be heard, shall be
as specified in section 17-1104 of this chapter and shall be payable to
and deposited with New York city.
c. A proceeding to recover any civil penalty authorized pursuant to
section 17-1104 shall be commenced by the service of a notice of
violation returnable to the administrative tribunal established by the
board of health pursuant to section 558 of the charter of the city of
New York where the department issues such notice, the environmental
control board established pursuant to section 1049-a of the charter of
the city of New York where the department of environmental protection
issues such notice, or the adjudication division of the department of
consumer affairs established pursuant to section 20-104(e) of the
administrative code of the city of New York where that department issues
such notice. The notice of violation or copy thereof when filled in and
served shall constitute notice of the violation charged, and, if sworn
to or affirmed, shall be prima facie evidence of the facts contained
therein. The administrative tribunal of the board of health, the
environmental control board and the adjudication division of the
department of consumer affairs shall have the power to render decisions
and orders and to impose the remedies and penalties provided for in
section 17-1104, in addition to any other remedies or penalties provided
for the enforcement of such provisions under any other law including,
but not limited to, civil or criminal actions or proceedings.
Section 17-1104
§ 17-1104 Civil and criminal penalties. a. (1) Any person providing a
commercial lawn application who violates any provision of subdivision b
of section 17-1102 of this chapter or any rule promulgated pursuant
thereto shall be liable for a civil penalty not to exceed five thousand
dollars for a first violation, and not to exceed ten thousand dollars
for a subsequent offense.
(2) Notwithstanding any provision of law to the contrary, an owner or
owner's agent of a multiple dwelling or owner, owner's agent or a person
in a position of authority for all other types of premises who violates
any provision of subdivision b of section 17-1102 of this chapter or any
rule or regulation promulgated pursuant thereto and any person who
violates any provision of subdivision c of section 17-1102 of this
chapter or any rule promulgated pursuant thereto shall, for a first such
violation, in lieu of a 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 persons
shall, however, be liable for a civil penalty not to exceed one hundred
dollars for a second violation, and not to exceed two hundred fifty
dollars for any subsequent violation.
(3) Notwithstanding any provision of law to the contrary, any person
who violates the provisions of subdivision a of section 17-1102 of this
chapter shall be issued a warning for the first violation and shall be
provided seven days to correct such violation. Such person shall,
however, be liable for a civil penalty not to exceed one hundred dollars
for a second violation and not to exceed two hundred fifty dollars for
any subsequent violation.
b. (1) Any person providing a commercial lawn application who, having
the culpable mental states defined in subdivision one or subdivision two
of section 15.05 or in section 20.20 of the penal law, violates any
provision of subdivision b of section 17-1102 of this chapter, except an
offense relating to the application of a general use pesticide, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine not to exceed five thousand dollars for each day during which
such violation continues or by imprisonment for a term of not more than
one year, or by both such fine and imprisonment. If the conviction is
for a subsequent offense committed after a first conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed ten thousand dollars for each day during which such violation
continues or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment.
(2) Any person providing a commercial lawn application who violates
any provision of subdivision b of section 17-1102 of this chapter
relating to the use of a general use pesticide shall be guilty of a
violation and, upon conviction thereof, shall be punished by a fine not
to exceed two thousand five hundred dollars. If the conviction is for a
subsequent offense committed after a first such conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed five thousand dollars.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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