PESTICIDE
NEIGHBORHOOD NOTIFICATION

"Modern pesticides can be cancer-causing poisons, and winds can carry spray through an open window onto food, pets or even a sleeping child.

So, it is only logical to require two days advance notice to nearby families when these substances are used."

New York State Assemblyman Steven Englebright
August 21, 2000.

On August 21, 2000, New York State Governor George E. Pataki signed into law legislation that will provide increased protections for children and other New York residents from the potentially harmful effects of pesticides.

"Neighborhood Notification" requires at least 48 hours notification before pesticide applications at schools and day-care centers and some private residences in New York State.

1 in 9 worked diligently for enactment of this bill together with a coalition of nearly one hundred New York groups and elected officials. This piece of legislation is the first of its kind in the United States, and will help arm teachers, parents and community residents with important information they need to limit their exposure to pesticides and protect themselves and their families from unnecessary risk.

In order to promote the use of integrated pest management practices and alternatives to pesticides, the law allows exemptions for certain types of low toxicity pesticides such as boric acid or horticultural oils, or applications that reduce the risk of exposure, such as granular applications and direct injections into a plant.

Anyone required under the new law to provide notice of pesticide applications who fails to do so will receive a warning and educational material for a first offense. Violators will be subject to fines of up to $100 for a second violation and up to $250 for each subsequent violation.

 

Requirements of
Neighborhood Notification:

  • Commercial applicators are required to provide at least 48 hours advance notice to neighbors within 150 feet of any commercial pesticide application site.

  • Schools and daycare facilities are required to provide parents and staff with at least 48 hours advance notice before pesticides are applied on school grounds or in buildings.

  • Notices must contain information regarding the date and location of the application, the product being applied and a precautionary statement providing phone numbers where more information about pesticides can be obtained.

  • Homeowners must flag their properties when treating more than 100 square feet of their yards with certain types of pesticides.

  • To better educate the public about the proper use of pesticides, retail establishments selling lawn pesticides are required to post signs near pesticide displays informing homeowners of their responsibilities to use these products appropriately, follow label directions, and recommend they notify their neighbors of applications.

  • The law instructs the State Department of Environmental Conservation (DEC) to work with the State Department of Health (DOH) to promulgate rules and regulations regarding the 48 hours notice and posting of product information and educational signs.

  • The law authorizes counties, as well as the City of New York, to adopt the statewide regulations. Counties choosing to opt-in to the program can do so beginning March 1, 2001. Provisions of the bill requiring notification by schools and daycare centers are mandatory statewide.