[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:
Any property which has any boundary or boundary point in
common with the property on which the pesticide is to be applied.
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.
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.
In the case of a defoliant, an ingredient which
will cause the leaves or foliage to drop from a plant.
In the case of a desiccant, an ingredient which
will artificially accelerate the drying of plant tissue.
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.
The area defined in a petition for the protection of a grape
growing area.
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.
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.
Any contrivance now known, or hereafter invented, used or
designed for navigation of, or flight in, the air.
The most practical immediate treatment in case of poisoning
and includes first-aid treatment.
Any application of pesticides by aircraft or ground equipment.
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.
Any individual who is certified to use or supervise the use
of any pesticide in any category of use covered by his certification.
Any application of any pesticide except as defined in private
or residential application of pesticides.
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:
The application of pesticide for the purpose
of producing an agricultural commodity;
Residential application of pesticides;
The application of pesticides around or near
the foundation of a building for the purpose of indoor pest control;
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
The application of pesticides on golf courses
or turf farms.
Any substance or mixture of substances intended for causing
the leaves or foliage to drop from a plant, with or without causing
abscission.
The decomposition of a compound by stages, exhibiting well-defined
intermediate products.
Any substance or mixture of substances intended for artificially
accelerating the drying of plant tissue.
Natural and normal growth before harvest.
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.
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.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any fungi.
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.
A producer of grapes for profit.
Lands upon which grapevines are maintained and harvested
for profit.
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.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any weed.
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.
An ingredient which is not an active ingredient.
Either:
A statement of the name and percentage of each
active ingredient, together with the total percentage of the inert
ingredients, in the pesticide; and
If the pesticide contains arsenic in any form,
a statement of the percentage of total and water-soluble arsenic,
each calculated as elemental arsenic.
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.
The written, printed, or graphic matter on, or attached to,
the pesticide, or its immediate container and any outside containers
or wrappers.
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.
Any new label or labeling or any amended label or labeling
for a pesticide product which contains an active ingredient previously
registered and which:
Results in a major change in the use pattern
for the active ingredient;
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
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.
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.
Any of the various organic compounds produced by metabolism.
Shall apply to any pesticide:
If its labeling bears any statement, design,
or graphic representation relative thereto or to its ingredients which
is false or misleading in any particular;
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;
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;
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;
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;
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;
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
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.
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.
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.
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.
Any person providing commercial application of pesticides
for hire.
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.
Any application of any pesticide for the purpose of producing
an agricultural commodity:
A radial distance of two miles from the site of damage to
grape vineyards.
The person registering any pesticide pursuant to the provisions
of this chapter.
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.
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:
The application of pesticides for the purpose
of producing an agricultural commodity;
The application of pesticides around or near
the foundation of a building for the purpose of indoor pest control;
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
The application of pesticides on golf courses
or turf farms.
A pesticide, as defined in the New York Environmental Conservation
Law and determined as provided in § 33-0303:
Which:
Either:
Persists in the environment; or
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
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
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.
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.
Those organisms which the pesticide is intended to inhibit
or destroy pursuant to its registered labeled usage.
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.
