[HISTORY: Adopted by the Rockland County Legislature 10-4-2001 by L.L. No. 13-2001.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it take effect 1-1-2002.
A. 
The Legislature of Rockland County hereby finds that individuals and their property are or can be unwittingly exposed to pesticides applied on their neighbor's property. This Legislature further finds and declares that pesticides may pose serious health and safety risks to people, particularly children, pregnant women, the elderly and infirm and those allergic or otherwise adversely affected by contact with certain chemicals; and that citizens have a right to know about pesticides to which they may be exposed from applications to neighboring properties so that they can take steps to minimize such exposure to themselves, their families, pets, crops, livestock, backyard wildlife and property.
B. 
Recognizing the increasing public awareness and concern about pesticide exposure hazards, the State Legislature recently amended the New York Environmental Conservation Law to allow counties to adopt certain advance notification requirements for commercial and residential lawn pesticide applications. This Legislature declares that the people of Rockland County deserve the greatest protection allowable by law. Therefore, this Legislature intends to hereby adopt the special requirements for commercial and residential lawn applications as set forth in § 33-1004 of the New York Environmental Conservation Law as well as provide a mechanism for local enforcement of these requirements.
This chapter shall briefly be known as the "Rockland County Pesticide Notification Law."
For the purposes of this chapter, the following definitions shall apply to the following terms:
ABUTTING PROPERTY
Any property which has any boundary or boundary point in common with the property on which the pesticide is to be applied.
ACTIVE INGREDIENT
A. 
In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests.
B. 
In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or their produce.
C. 
In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.
D. 
In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
ADULTERATED
Shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.
AFFECTED AREA
The area defined in a petition for the protection of a grape growing area.
AGENCY
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 New York Railroad Law; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation as those terms are defined in the New York Transportation Corporations Law, which applies pesticides.
AGRICULTURAL COMMODITY
Any plant or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons) primarily for sale, consumption, propagation or other use by man or animals.
AIRCRAFT
Any contrivance now known, or hereafter invented, used or designed for navigation of, or flight in, the air.
ANTIDOTE
The most practical immediate treatment in case of poisoning and includes first-aid treatment.
APPLICATION OF PESTICIDE
Any application of pesticides by aircraft or ground equipment.
BUSINESS REGISTRATION
The requirement of each person or business providing services of commercial application of pesticides, either entirely or as part of the business, to register with the Department.
CERTIFIED APPLICATOR
Any individual who is certified to use or supervise the use of any pesticide in any category of use covered by his certification.
COMMERCIAL APPLICATION
Any application of any pesticide except as defined in private or residential application of pesticides.
COMMERCIAL LAWN APPLICATION
The application of pesticide to ground, trees, or shrubs on public or private outdoor property. For the purposes of this chapter, the following shall not be considered commercial lawn application:
A. 
The application of pesticide for the purpose of producing an agricultural commodity;
B. 
Residential application of pesticides;
C. 
The application of pesticides around or near the foundation of a building for the purpose of indoor pest control;
D. 
The application of pesticides by or on behalf of agencies, except that agencies shall be subject to visual notification requirements pursuant to § 33-1003 of the New York Environmental Conservation Law where such application is within 100 feet of a dwelling, multiple dwelling, public building or public park; and
E. 
The application of pesticides on golf courses or turf farms.
DEFOLIANT
Any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
DEGRADATION
The decomposition of a compound by stages, exhibiting well-defined intermediate products.
DESICCANT
Any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.
DEVELOPMENT
Natural and normal growth before harvest.
EXPERIMENTAL USE PERMIT
A permit issued to an applicant for the use of a limited amount of a pesticide not registered pursuant to this chapter to accumulate data necessary to apply to register the pesticide.
FUNGI
All non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeast, and bacteria, except those on or in living man or other animals.
FUNGICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.
GENERAL USE PESTICIDE
A pesticide which does not meet the state criteria for a restricted pesticide as established under authority of § 33-0303 of the New York Environmental Conservation Law.
GRAPE GROWER
A producer of grapes for profit.
GRAPE VINEYARD
Lands upon which grapevines are maintained and harvested for profit.
GROUND EQUIPMENT
Any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to use in applying pesticide as spray, dust, aerosol, fog, or in any other form.
HERBICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.
INSECT
Any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice, except those on or in living man. This term shall also include hematodes.
INERT INGREDIENT
An ingredient which is not an active ingredient.
INGREDIENT STATEMENT
Either:
A. 
A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; and
B. 
If the pesticide contains arsenic in any form, a statement of the percentage of total and water-soluble arsenic, each calculated as elemental arsenic.
INSECTICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever, except those on or in living man.
LABEL
The written, printed, or graphic matter on, or attached to, the pesticide, or its immediate container and any outside containers or wrappers.
LABELING
All labels and other written, printed, or graphic matter upon the pesticide or any of its containers or wrappers; accompanying the pesticide at any time; to which reference is made on the label or in literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the United States Department of Agriculture or Interior, the United States Public Health Service, state agricultural experiment stations, state colleges of agriculture, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides.
MAJOR CHANGE IN LABELING
Any new label or labeling or any amended label or labeling for a pesticide product which contains an active ingredient previously registered and which:
A. 
Results in a major change in the use pattern for the active ingredient;
B. 
Changes the classification of the active ingredient or the product to general use or restricted use; increases the application rate; changes the percent concentration of an active ingredient other than an increase due to changes in methods of analysis; adds a previously registered active ingredient or deletes any active ingredient; or
C. 
Any other change which significantly increases the potential exposure of any non-target organism or which increases the potential for a significant impact to humans, property or the environment.
MAJOR SOURCE OF AGRICULTURAL INCOME
The producers of grapes within the affected area obtain at least 10% of their gross income as a group in any five-year period from the production of grapes.
METABOLITE
Any of the various organic compounds produced by metabolism.
MISBRANDED
Shall apply to any pesticide:
A. 
If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
B. 
If it is an imitation of or is offered for sale under the name of another pesticide; or if its labeling bears any reference to registration under the New York Environmental Conservation Law;
C. 
If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;
D. 
If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to health and the environment;
E. 
If the label is not visible and readable on the outside of the marketing package which is presented or displayed under customary conditions of purchase;
F. 
If any word, statement, or other information required by or under the authority of the New York Environmental Conservation Law to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
G. 
If in the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or
H. 
If in the case of a plant regulator, defoliant, or desiccant, when used as directed, it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided that physical or physiological effects on plants or parts thereof shall not be deemed injurious, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.
I. 
If its labeling in any other way fails to conform to the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act of 1972, as amended.
PERSON
Any individual, partnership, association, corporation, organized group of persons whether incorporated or not, private or public authority, state government or agency, political subdivision, governmental agency or any other legal entity whatever.
PEST
Any insect, rodent, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest.
PESTICIDE
A. 
Any substance or mixture or substances intended for preventing, destroying, repelling, or mitigating any pest; and
B. 
Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
PESTICIDE BUSINESS
Any person providing commercial application of pesticides for hire.
PLANT REGULATOR
Any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or their produce, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.
PRIVATE APPLICATION
Any application of any pesticide for the purpose of producing an agricultural commodity:
A. 
On property owned or rented by the applicator or the applicator's employer; or
B. 
If applied without compensation other than the barter of personal services between producers of agricultural commodities, on property owned or rented by a party to such a barter transaction.
PROXIMITY
A radial distance of two miles from the site of damage to grape vineyards.
REGISTRANT
The person registering any pesticide pursuant to the provisions of this chapter.
RESIDENTIAL APPLICATION
The application of general use pesticides by ground equipment on property owned or leased by the applicator, excluding any establishment selling or processing food and any residential structure other than the specific dwelling unit in which the applicator resides.
RESIDENTIAL LAWN APPLICATION
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 chapter, the following shall not be considered residential lawn application:
A. 
The application of pesticides for the purpose of producing an agricultural commodity;
B. 
The application of pesticides around or near the foundation of a building for the purpose of indoor pest control;
C. 
The application of pesticides by or on behalf of agencies, except that agencies shall be subject to visual notification requirements pursuant to § 33-1003 of the New York State Environmental Conservation Law where such application is within 100 feet of a dwelling, multiple dwelling, public building or public park; and
D. 
The application of pesticides on golf courses or turf farms.
RESTRICTED USE PESTICIDE
A pesticide, as defined in the New York Environmental Conservation Law and determined as provided in § 33-0303:
A. 
Which:
(1) 
Either:
(a) 
Persists in the environment; or
(b) 
Accumulates as either the pesticide per se, a pesticide metabolite, or a pesticide degradation product in plant or animal tissue or product, and is not excreted or eliminated within a reasonable period of time, and which may be transferred to other forms of life; and
(2) 
Which by virtue of such persistence or accumulation creates a present or future risk of harmful effects on any organism other than the target organisms; or
B. 
Which the New York Commissioner of Environmental Conservation finds is so hazardous to man or other forms of life that restrictions on its sale, purchase, use, or possession are in the public interest.
RODENTICIDE
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animals which the Commissioner shall declare to be a pest.
TARGET ORGANISMS
Those organisms which the pesticide is intended to inhibit or destroy pursuant to its registered labeled usage.
WEED
Any plant which grows where not wanted.
A. 
All retail establishments in Rockland County that sell general use pesticides for commercial or residential lawn application shall display a sign meeting standards established by the New York Commissioner of Environmental Conversation pursuant to Subdivision 1 of § 33-1005 of the New York 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.
B. 
Prior notification of commercial lawn applications.
(1) 
At least 48 hours prior to any commercial lawn application of a pesticide in Rockland County, the person or business making such application shall supply written notice, as defined in Subdivision 3 of § 33-1005 of the New York Environmental Conservation Law, to:
[Amended 10-5-2021 by L.L. No. 5-2021]
(a) 
Occupants of all dwellings, as defined in Paragraph d of Subdivision 5 of § 33-0905 of the New York Environmental Conservation Law, on abutting property with a boundary that is within 150 feet of the site of such application; and to owners, owners' agents, or other persons in a position of authority for all other types of premises, as defined in Paragraph d of Subdivision 5 of § 33-0905 of the New York Environmental Conservation Law, that are on abutting property with a boundary that is within 150 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 Commissioner of Environmental Conservation; and
(b) 
Owner, owners' agents or other persons in positions of authority for multiple-family dwellings, the property of which is 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 in a manner specified by the New York Commissioner of Environmental Conservation.
(2) 
The prior notification provisions of this subsection shall not apply to the following:
(a) 
The application of antimicrobial pesticides and antimicrobial products as defined by FIFRA in 7 U.S.C. § 136 (MM) and 136 Q (H) (2);
(b) 
The use of an aerosol product with a directed spray, in containers of 18 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;
(c) 
The use of nonvolatile 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 application of a pesticide which the United States Environmental Protection Agency has determined satisfies its reduced risk criteria, including a biopesticide;
(f) 
The use of boric acid and disodium octaborate tetrahydrate;
(g) 
The use of horticultural soap and oils that do not contain synthetic pesticides or synergists;
(h) 
The application of a granular pesticide, where "granular pesticide" means any ground-applied solid pesticide that is not a dust or powder;
(i) 
The application of a pesticide by direct injection into a plant or the ground;
(j) 
The spot application of a pesticide, where "spot application" means the application of pesticide in a manually pressurized or nonpressurized container of 32 fluid ounces or less to an area of ground less than nine square feet;
(k) 
The application of a pesticide to the ground or turf of any cemetery; and
(l) 
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. 
Notification of residential lawn applications.
(1) 
All persons performing residential lawn applications treating an area more than 100 square feet in Rockland County 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 12 inches above the ground and shall be at least four inches by five inches in size. Such markers shall be in both English and Spanish languages, and any other languages if the New York Commissioner of Environmental Conservation deems it necessary pursuant to rules and regulations.
[Amended 10-5-2021 by L.L. No. 5-2021]
(2) 
The markers required pursuant to this subsection 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 24 hours. Such instruction shall be printed boldly in letters at least 3/8 of an inch in height.
A. 
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, as such terms are defined in Paragraph d of Subdivision 5 of § 33-0905 of the New York Environmental Conservation Law, who violates any provision of this chapter relating to Subsection B of § 317-4 of this chapter, and a person who violates any provision of this chapter relating to Subsection C of § 317-4 of this chapter, 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 2 of § 33-1005 of the New York Environmental Conservation Law. Such person shall, however, for a second violation, be liable to the Rockland County Department of Health for a civil penalty not to exceed $100, and not to exceed $250 for any subsequent violation, such penalties to be assessed by the Rockland County Commissioner of Health after a hearing or opportunity to be heard.
B. 
Any person who violates the provisions of this chapter relating to Subsection A of § 317-4 of this chapter, shall be issued a warning for the first violation and shall be provided seven days to correct such violation; and shall be liable to the Rockland County Department of Health for a civil penalty not to exceed $100 for a second violation, and not to exceed $250 for a subsequent violation, to be assessed by the Rockland County Commissioner of Health after a hearing or opportunity to be heard.
C. 
The Commissioner, acting by the Rockland County Attorney, may bring suit for collection of such assessed civil penalty in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Rockland County Commissioner of Health before the matter has been referred to the Rockland County Attorney; and where such matter has been referred to the Rockland County Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Rockland County Attorney with the consent of the said Commissioner. Any civil penalty assessed by the Rockland County Commissioner of Health under this subsection shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules.