Other Requirements for Commercial Applications of Pesticides
Existing law requires anyone who engages in the commercial application of pesticides to be certified by the DEC. ECL § 33-0905(1). Violation of any statute or regulation governing pesticide applications can subject a certified applicator to revocation of his or her certification and penalties. ECL § 33-0909(1). With respect to commercial lawn applications, ECL §§ 33-1001 and 1003 require applicators to:
- Enter into a written contract with the owner of the property on which pesticides are to be applied, specifying the approximate date or dates of application, the number of applications, and the cost; a list of the pesticides to be applied; and any warnings regarding human or animal health or the environment that appear on the pesticide labels. Verbal agreements between an applicator and homeowner are not acceptable.
- Notify the owner if the date of application needs to be changed, and obtain the owner's acceptance of the new application date.
- Place clearly visible markers along the perimeter of application areas on the day of application, with notices instructing people not to enter the area or remove the markers for 24 hours.
With respect to indoor or outdoor applications on residential premises, ECL § 33-0905(5) imposes the following notice requirements:
- When pesticides are applied in or on the premises of a one- or two-family dwelling, the applicator must, prior to the application, provide the occupants with a written copy of the information and warnings included on the label of the pesticide to be applied.
- When pesticides are applied in a multiple dwelling or nonresidential building, the applicator must, prior to the application, provide to the owner of the building or the owner's agent, a written copy of the information and warnings included on the label of the pesticide to be applied. The owner or agent must provide this information to the occupants of the building at reasonable times upon request. Where a resident of an apartment building retains an applicator to apply pesticides in the resident's apartment, the applicator must provide the same information to the occupants of the apartment prior to the application.
State law does not require landlords to give prior notification to tenants prior to pesticide applications. However, a tenant is free to request prior notification and may be able to obtain such a requirement as a term of his or her lease.