What is it?
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:
- Retailers that sell general use pesticides must post an informational
sign as close as possible to each display location of such pesticides.
- Homeowners applying pesticides to ground, trees or shrubs
on outdoor property of more than 100 square feet must post visual
notification markers around the lawn to warn others of the pesticide
application.
- Commercial pesticide applicators making lawn applications
must provide a 48 hour written notice to occupants of all dwellings
and occupied structures on abutting property that is within
150 feet of the site of the application.
What is the law for?
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”.
What kind of sign do retailers have to post?
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
at www.dec.state.ny.us/website/dshm/pesticid/retail.pdf using an Adobe? Reader.
What do homeowners have to know?
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 “PESTICIDES APPLIED”. Markers
must be placed on the day of application, before treatment, and
remain in place for 24 hours. The DEC website www.dec.state.ny.us/website/dshm/pesticid/home.pdf has more detailed information on how homeowners can comply with
the law.
Do homeowners need to be certified in pesticide application?
No, but both homeowners and commercial applicators must apply
the pesticide exactly according to the label instructions. The
label instructions are federal law.
Are requirements the same for commercial applicators?
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 www.dec.state.ny.us/website/dshm/pesticid/appl.pdf has more information.
What about apartment complexes and shopping malls?
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.
Is the 48 hour notification required for any and all pesticides?
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.
What can happen if I apply pesticide without proper notification?
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.
Who do I call to report a violation?
- For lack of notification (including homeowners who fail to
post properties): Tompkins County Health Department (607) 274-6688
- For inappropriate use of pesticide or drift: Department of
Environmental Conservation (607) 753-3095
- For lack in signage in retail stores: Tompkins County Weights
and Measures (607) 274-5523 or the Health Department
Where else can I get information?
- Cornell Cooperative Extension for general information, and
information about low risk pesticides and alternatives to pesticides
at (607) 272-2292
Page updated: July 17, 2012 | Webmaster