N.Y. Comp. Codes R. & Regs. tit. 6 § 325.40

Current through Register Vol. 46, No. 45, November 2, 2024

Section 325.40 - Commercial lawn applications

This section shall be effective on January 1, 2004. The requirements of this section pertain to any commercial lawn application of a pesticide except for the application of a pesticide to a right-of-way (unless required pursuant to section 325.1[s][4] of this Part).

(a) Written contracts. Prior to a commercial lawn application, except a commercial lawn application on property owned, leased or rented by the employer of the pesticide applicator, the pesticide applicator or business providing these services must enter into a written contract with the owner of the property to which the commercial lawn application is to be made or the owner's agent. A written contract must:

(1) specify the approximate date or dates of application or applications; if requested by the property owner or owner's agent, the specific date or dates of the application(s) must be provided by the pesticide applicator or business and that date must be stated in the contract. The following statement must be prominently displayed in the contract: "The property owner or owner's agent may request the specific date or dates of the application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract";

(2) state the total number of commercial lawn applications to be provided;

(3) state the total cost of the commercial lawn application service to be provided; and

(4) include a written copy, in at least 12-point type of:

(i) a list of pesticides to be applied including brand names and generic names of active ingredients;

(ii) any warnings that appear on the label(s) of pesticide(s) to be applied that are pertinent to the protection of humans, animals or the environment; and

(iii) the name, address, telephone number and pesticide business registration number of the pesticide business providing the commercial lawn application service and the pesticide applicator certification identification card number of the person employed by the pesticide business who will provide or supervise the commercial lawn application service;

(5) state the name of the property owner or owner's agent and the address of the premises to be treated;

(6) be signed by both the pesticide applicator or business providing the commercial lawn application and the owner or owner's agent of the property to which the commercial lawn application is to be made; provided, however, the signature of the owner or owner's agent is not required if the pesticide applicator or business possesses a separate document that specifically evidences the owner or owner's agent signature as acceptance of the written contract, such as a copy of a prepayment check, in the exact amount specified in the written contract for the agreed-upon services; and

(7) be amended, if changes are made to any of the elements of the contract required by this section, including, but not limited to the elements listed in paragraphs (1) through (6) of this subdivision; a contract renewal; or a multi-year contract. The pesticide applicator or business must obtain written proof of acceptance of the owner or owner's agent of such contract amendments prior to applying pesticides.

(b) Contract transfer. Written contracts may be transferred from one pesticide business providing a commercial lawn application service to another such business if the successor business provides the contract holder, prior to any commercial lawn application by such business, with written notice of the contract transfer which includes the name, address, telephone number and pesticide business registration number of the successor pesticide business and the pesticide applicator certification identification card number of a person employed by such pesticide business who will provide or supervise the commercial lawn application service.

(c) Alternate date or dates. In the event that the commercial lawn application on the date or dates specified in the contract becomes infeasible, the pesticide applicator or business must provide the owner or owner's agent oral or written notice of any proposed alternate date or dates. The pesticide applicator or business must obtain acceptance from the owner or owner's agent of such alternate date or dates prior to initiating any commercial lawn application.

(d) Specific pesticide notification. If the contract does not state which pesticide(s) of a group of pesticides will be applied on a proposed date, or if the pesticide applicator or business has not advised the owner or owner's agent of this information, the pesticide applicator or business must, prior to application, provide to the owner or owner's agent a written notice which indicates the specific pesticide(s) to be used.

(e) Copies of contracts. The pesticide applicator or pesticide business making a commercial lawn application must retain a complete copy of each written contract for a minimum of three years following the expiration of the contract and must make such copies available for inspection upon request by the department.

(f) Visual notification. Visual notification markers must be posted by any pesticide applicator or business performing a commercial lawn application described in this section. Such markers must be at least four inches by five inches in size and letters on the markers must be at least three-eighths of an inch in height. Such markers must, by January 1, 2005, be yellow in color, have lettering which is black in color and be constructed of rigid material. All such markers must include on the front of the marker:

(1) the phrase "PESTICIDE APPLICATION," or "PESTICIDE TREATMENT," or "PESTICIDES APPLIED";

(2) the specific date and time of the actual commercial lawn application, unless the date and time are provided to the property owner or owner's agent immediately following application and prior to leaving the premises;

(3) the phrase "DO NOT ENTER";

(4) the phrase "DO NOT REMOVE SIGN FOR 24 HOURS"; and

(5) a prominent visual warning symbol, at least 1.5 inches in diameter, such as a person walking a dog with a slash through the symbol or a stern face with an outward facing raised open hand.

(g) Other information. The only text and image allowed on the front of the marker are those required by this regulation and the name and telephone number of the applicator business. Any other text and/or images must be placed on the back of the marker.

(h) Visual notification marker posting. Visual notification markers:

(1) must be placed such that the top of the marker is at least 12 inches above the ground;

(2) must be placed by the pesticide applicator or business making the commercial lawn application prior to the application and remain posted for a period of not less than 24 hours following the application;

(3) must be placed such that the front of the marker is clearly visible from outside the treated area;

(4) must be placed not more than 50 feet apart along the perimeter of the treated area in the event that markers used are between four inches by five inches in size and five inches by five inches in size; or not more than 100 feet apart along the perimeter of the treated area in the event that markers used are at least five inches by six inches in size;

(5) must also be placed at common points of entry adjacent to the treated areas including, but not limited to, driveways and walkways; and

(6) need not be placed at any portion of the perimeter of the treated premises or treated area which is rendered impassible by a fence, wall, hedge or similar device or natural topographic feature; provided, however, every treated premises or treated area must be marked by at least two visual notification markers, except only one visual notification marker is required when an individual tree or shrub is treated which can only be approached from one direction.

(i) Pesticide product labels. As provided in Environmental Conservation Law, section 33-0905, every certified applicator must, prior to application of a pesticide within or on the premises of a dwelling, supply the occupants therein with a written copy of the information, including any warnings, contained on the label(s) of the pesticide(s) to be applied.

(1) Every certified applicator must, 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 the owner's agent, with a written copy of the information, including all warnings, contained on the label(s) of the pesticide(s) to be applied. The owner or owner's agent must make available upon request at reasonable times the written copy of the information contained on the label to the occupants or residents of such multiple dwelling, building, or structure.

(2) The certified applicator may exclude from the written copy of the information on the label(s) instructions that do not pertain to the commercial lawn application. If such information is excluded, the applicator or business must note on the label that it is an amended label and the applicator and business must provide the complete label, if requested by the owner or owner's agent.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.40