Environment DEC
From the August 2003 issue
New Pesticide Application Regulation Adopted
The New York State Environmental Board has approved a revised state regulation that will help protect public health and the environment by enhancing notification requirements for commercial pesticide lawn applications.
Revisions made to state regulation 6 NYCRR Part 325 will soon require commercial pesticide applicators to use consistent contract features when entering into a lawn care contract, and provide notification language and visuals when treating an area with pesticides so that people can avoid contact with these chemicals.
"It is important for property owners and residents to be properly notified and fully understand the commercial pesticide application processes," DEC Commissioner Erin Crotty said. "This new regulation will help provide businesses with consistent guidelines to follow when applying lawn care chemicals and better inform consumers to further protect public health and our communities."
Notification
The visual notification requirements will include use of consistent marker coloring and construction material (yellow signs of rigid material with black lettering) and warning language, along with date and time of application on the marker, unless the date is provided otherwise before leaving the premises being treated. The revision also requires consistent marker postings-four-by-five inch or five-by-five inch markers posted not more than 50 feet apart at the perimeter of the treated area, or at least five-by-six inch markers posted not more than 100 feet apart as well as markers placed at common points of entry.
Contract Requirements
The regulation also requires consistent pesticide application contract elements that must specify the approximate date or dates of pesticide application; state that the property owner can request a specific date of application and the applicator must provide, if requested, a list of pesticides to be used and warnings from product labels for humans, animals and the environment, and contain standard information for contracts. Contractors must provide occupants or property owners with written copies of information on the pesticide product label but have the option to exclude instructions not pertaining to commercial lawn applications.
Effective Dates
The regulation takes effect on January 1, 2004. The notification requirements for marker features will take effect on January 1, 2005 to provide certified pesticide applicators with time to change current signage.
