Pesticide notification requirements

Notice of pesticide applications in daycare centers 

The legislation enacted in 2000 added the following notification requirements, Social Services Law § 390-c, applicable to daycare centers: 

• At least 48 hours prior to a pesticide application, a notice must be posted in a common area that is conspicuously visible to persons dropping off or picking up children.
• The notice must include:
  • Date and location of the application and, in the case of outdoor applications, two rain dates
  • Name and EPA registration number of the product being applied
  • Statement encouraging parents to discuss with a facility representative the precautions being taken to protect children from exposure
  • Telephone numbers of pesticide information lines to obtain more information about the pesticides being applied
  • Name and number of the facility representative.
• The prior notice requirements do not apply to:
  • Applications of anti-microbial products (disinfectants), biopesticides, or substances exempt from federal pesticide regulation
  • Use of pesticides in aerosol cans for personal protection
  • Use of nonvolatile rodent and insect baits in tamper-resistant containers or areas inaccessible to children
  • Use of silica gels and other nonvolatile ready-to-use paste foam or gel insecticides in areas inaccessible to children
  • Use of boric acid and related compounds
  • Emergency applications to protect against an imminent threat to human health (which must be immediately reported to the commissioner of the New York State Department of Health)
  • Applications after which the facility will be unoccupied for at least 72 hours

Notification of pesticide applications in schools

A school must provide written notice to staff and parents or guardians, at the beginning of each school year (or within one week of a student's enrollment), informing them that:

• Pesticides may be used at school facilities or on school grounds throughout the school year.
• The school is required to maintain a list of staff and parents who wish to receive 48 hours' advance written notice of pesticide applications, with instructions on how to register to receive such notice.
• Inquiries for more information should be directed to a particular school contact person at a specified telephone number.
• Three times a year, following winter and spring recesses and the end of the school year, the school must provide written notice to all staff and parents:
  • Providing the date, location, and product used for each pesticide application at the school since the last notice
  • Stating that the school is required to maintain a list of staff and parents who wish to receive 48 hours' advance written notice of pesticide applications
  • Providing information on how to register for such notice and how to obtain more information about the pesticides used
  • Providing the name and number of a school contact
• At least 48 hours prior to the application of a pesticide at a school facility, the school must:
  • Provide written notice to those who have requested it, including the specific date of application and two rain dates if applicable
  • Provide the product name and EPA registration number of the pesticide being applied
  • Contain language encouraging the parent to discuss with the school representative the precautions being taken to protect children from exposure, the name and number of the school representative, and the numbers of pesticide information services that can provide information and warnings from the labels of the pesticides being applied

The prior-notice requirements do not apply to:

• Applications of anti-microbial products (disinfectants), biopesticides, or substances exempt from federal pesticide regulation
• Use of pesticides in aerosol cans for personal protection
• Use of nonvolatile rodent and insect baits in tamper-resistant containers or areas inaccessible to children
• Use of silica gels and other nonvolatile ready-to-use paste foam or gel insecticides in areas inaccessible to children
• Use of boric acid and related compounds
• Emergency applications to protect against an imminent threat to human health (which must be immediately reported to the commissioner of the New York State Department of Health)
• Applications after which the facility will be unoccupied for at least 72 hours

The commissioner of the New York Education Department is required to establish a procedure for parents to notify the state of any school's failure to comply with these requirements, and school aid can be withheld where a school is found not to have complied.  

At the end of this guide is a sample letter to send to the principal of your child's school requesting 48-hour advance notice of pesticide applications at the school. You can photocopy this sample letter, including the appropriate information, and mail it to your school, or compose your own letter. 

Other requirements for commercial applications of pesticides

Existing law requires anyone who engages in the commercial application of pesticides to be certified by the Department of Environmental Conservation's Environmental Conservation Law (ECL) section 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, as in ECL section 33-0909(1). With respect to commercial lawn applications, ECL sections 33-1001 and 1003 require applicators to:

• Enter into a written contract (verbal agreements are not acceptable) with the owner of the property on which pesticides are to be applied, specifying:
  • approximate date or dates of application
  • number of applications, and the cost
  • list of the pesticides to be applied
  • any warnings regarding human or animal health or the environment that appear on the pesticide labels
• Notify the owner if the date of application must change, 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 section 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.