Summary of NYS Requirements for Pesticide Neighbor Notification
The Pesticide Neighbor Notification Law (Chapter 285 of the Laws of 2000) enacted new notification requirements for pesticide applications at schools and daycare centers, and for certain lawn pesticide applications. The following is a brief summary of these requirements. For full requirements (including exceptions to requirements), see the links below.
School Pesticide Notification
School pesticide notification requirements are part of the State Education Law (section 409-h). It is administered and enforced by the NYS Education Department. In summary, the law requires that schools:
- provide, at the beginning of each school year, written notice to all parents, guardians, and staff that pesticide applications may take place at the school, instructions on registering with the school to get 48-hour advance notification of the applications, and the name of the school representative to contact for further information.
- maintain a registry of parents, guardians, and staff who wish to receive 48-hour advance written notice from the school of a pesticide application.
- send, at least 48 hours prior to a pesticide application, written notice to individuals on the registry.
- provide staff and parents with a written summary of pesticide applications at three specific times during the school year.
NOTE: Among other exceptions to the requirements, any application where the school remains unoccupied for a continuous seventy-two hour period following the application of the pesticide is also exempt.
Daycare Pesticide Notification
Requirements for daycare pesticide notification are part of the State Social Services Law (section 390-c, visit NYS Legislative Information System in Links Leaving DEC's Website and click on: SOS). It is administered and enforced by the NYS Office of Children and Family Services. Licensed and registered daycare facilities must provide notification at least 48 hours prior to the application of pesticides to their grounds and buildings. The notification must:
- be posted in a common area where it is visible to everyone dropping off or picking up children at the facility.
- contain information on the date (including two rain dates for outdoor applications) and location of the application, the name and EPA registration number of the product being applied; and a precautionary statement providing telephone numbers for the daycare representative and for where more information about pesticides can be obtained.
Lawn Care Neighbor Notification
Requirements for New York State lawn care neighbor notification are contained in the Environmental Conservation Law (Sections 33-1004 and 33-1005) and in State regulation 6 NYCRR Section 325.41. The law authorizes counties and New York City to adopt local laws that establish notification requirements for commercial and residential lawn pesticide applications. If a county decides to adopt such a local law, it must contain the same requirements as the State law. Overall, the State law includes 48-hour advance notice to neighbors for certain commercial lawn applications, posting of visual notification markers for certain residential lawn applications, notice to occupants of multiple dwellings and other occupied structures, and posting of an information sign by retailers who sell lawn pesticides to homeowners. The Pesticides Program questions and answers webpage provides a list of counties, which have enacted neighbor notification laws, in New York State. Those counties with local neighbor notification laws enforce those laws on their individual counties.
To learn more, visit the list of internet resources on these subjects. You may view the complete website list or category lists linked to below:
- Resources on Pest Management for Schools and Daycare Centers
- Resources on Pest Management for Parents