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Amended Requirements for Pesticide Applicators to Provide Product Label Information

What does the recently enacted law mean for applicators, dwelling occupants, or owners or owners' agents?

On July 3, 2007, Chapter 216 was signed into law. That law amends Section 33-0905.5(a) and (b) of the Environmental Conservation Law (ECL). That section requires, among other things, that every certified applicator, prior to pesticide application, provide information from pesticide product labels to dwelling occupants, or to the property owner or agent, depending upon specific provisions of the ECL (see "specific language" below).

The amendments made through Chapter 216 give the occupants, owner, or his or her agent, the option of requesting the required label information from the certified pest applicator in either written, digital or electronic format. Before changes were made to the law, applicators were required to supply a written copy of the label information and there was no other format option available. The amendments also include a requirement for certified applicators to have a written copy of the label information in his or her possession. (A regulatory requirement exists at 6 NYCRR Part 325.2(d) regarding applicators, technicians and apprentices having "... in their custody a copy of the label...")

The new law took effect on July 3, 2007; applicators must meet the amended requirements of ECL 33-0905.5(a) and (b).

What is the specific language of the Law as amended by Chapter 216? Under ECL Section 33-0905.5(a):

"Every certified applicator shall, prior to the application of a pesticide within or on the premises of a dwelling, supply the occupants therein with a copy of the information, including any warnings, contained on the label of the pesticide to be applied. Such information shall be supplied in either a written, digital or electronic format which shall be determined by the occupants of such dwelling, provided however that the certified applicator must also have a written copy of such information in his/her possession."

Under ECL Section 33-0905.5(b):

"Except as provided in paragraph c of this subdivision, every certified applicator shall, prior to the application of a pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling supply the owner or his agent, with a copy of the information, including all warnings, contained on the label of the pesticide to be applied. Such information shall be supplied in either a written, digital or electronic format which shall be determined by the owner or his or her agent, provided however that the certified applicator must also have a written copy of such information in his or her possession. Such owner or agent shall make available upon request at reasonable times such information in written or electronic form if available to the occupants or residents of such multiple dwelling, building, or structure."

Chapter 216 of the Laws of 2007 can be viewed at http://public.leginfo.state.ny.us/menugetf.cgi.

The ECL can be viewed on the Article 33 and Portions of Articles 15 and 71 of the ECL page.


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