Albany County, NY Pesticides

This Legislature finds that individuals and their personal 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 that citizens have the 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.

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 Albany County deserve the greatest protection allowable by law. Therefore, this Legislature hereby adopts the special requirements for commercial and residential lawn applications as set forth in New York Environmental Conservation Law § 33-1004.

All retail establishments that sell general use pesticides for commercial and residential lawn application shall display a sign meeting standards established by the Commissioner of Environmental Conservation pursuant to Subdivision 1 of § 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. The signs by required by this § 218-3 giving notice of such pesticide application shall be made available at the point of sale to the purchasers of general use pesticides at the retail establishments which sell such general use pesticides for commercial and residential lawn application and shall be placed as close as possible to the place where such pesticides are displayed for sale.

[Amended 11-14-2016 by L.L. No. 9-2017]

Prior notification.

(1)

At least 48 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 3 of § 33-1005 of the Environmental Conservation Law, to occupants of all dwellings, as defined in Paragraph d of Subdivision 5 of § 33-0905 of the 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 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 State 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 the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in 7 U.S.C. § 136(mm) and § 136q(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 subsection 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 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 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.

Placement of markers.

(1)

All persons, including, but not limited to, commercial entities and property owners, performing residential lawn applications treating an area more than 100 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 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 the English and Spanish languages and any other languages the Commissioner of the New York State Department of Environmental Conservation deems necessary pursuant to rules and regulations.

[Amended 11-14-2016 by L.L. No. 9-2017; 9-3-2021 by L.L. No. 8-2021]

(2)

The markers required pursuant to this Subsection C 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.