In This Section
The Neighbor Notification Law became effective January 1st, 2003 following adoption by the County Legislature. It adopts the provisions of Title 10 of Article 33 of Environmental Conservation Law. Some important provisions are:
The purpose is to allow neighbors to know a lawn application of pesticides is occurring next door to them. They can then take any precautions they feel are necessary, such as keeping children and pets away from the affected lawn; closing doors and windows; or protecting objects such as lawn furniture or pools from a possible spray “drift”.
The sign must be in 16 point bold type, notifying customers that the law is in effect, and giving some basic instructions as how homeowners can comply with the law when they apply pesticides to their property. Details on how retailers can comply can be found on the New York State Department of Conservation (DEC) website using an Adobe Reader.
Homeowners applying any pesticide to the ground, trees or shrubs (not to fruits or vegetables) to areas over 100 square feet must mark the area being treated with markers at least 4 x 5 inches in size, with a minimum of 3/8 inch high letters, at least 12 inches off the ground, every 50 feet along the lawn perimeter (excluding areas with fences or hedges). The markers must include the date and time of the application and instructions not to enter the area or remove the markers for 24 hours. Each marker must include the phrase “Pesticide Application”, “Pesticide Treatment” or “Pesticide Applied”. Markers must be placed on the day of application, before treatment, and remain in place for 24 hours. The DEC website has more detailed information on how homeowners can comply with the law.
No, but both homeowners and commercial applicators must apply the pesticide exactly according to the label instructions. The label instructions are federal law.
No. Commercial applicators must be certified by DEC Category 3A, Ornamentals and Turf. They must give neighbors a written notice 48 hours before application. The notice must identify the applicator, including business registration number or pesticide applicator certification number, the date of application, two alternative dates, the EPA registration number for each pesticide applied. The notice will include the National Pesticide Telecommunications Network number (1-800-858-7378) or the New York State Department of Health Center for Health Information Line (1-800-4458-1158) for more information on pesticides. The DEC website has more information.
Commercial applicators must provide a copy of notice to the owner or agents, who will post the notice in a conspicuous location at least 24 hours prior to the proposed lawn application, visible to all individuals who enter the structure. Neighbors with boundaries 150 feet or less from the treated area must still be notified in writing.
No. There are many cases where commercial applicators are not required to provide 48 hour written notification. (Posting properties is still required) Exemptions include: agricultural, greenhouse and cemetery applications; spot treatments of less than 9 square feet using containers smaller than 32 oz.; indoor pest control; emergency applications when public health is threatened; use of exempt pesticides; applications authorized by municipal agencies on public properties; and pesticides applied by residential property owners.
If you are not sure if the lawn product is exempt, contact the Health Department, Environmental Health Division at 274-6688.
Confirmed first complaints result in a “warning” and informational material. Subsequent violations can result in substantial monetary penalties. Homeowner penalties can be up to $250. Commercial penalties can range up to $10,000.
Cornell Cooperative Extension for general information, and information about low risk pesticides and alternatives to pesticides at (607) 272-2292.