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The following are highlights that will help explain the Neighbor Notification Law as it relates to commercial applicators and how to comply with the law.
- The Neighbor Notification Law requires Commercial Lawn Applicators to give written notice to abutting properties with a property boundary within 150 feet of certain pesticide applications (principally spray, dust or powders) to the ground, trees or shrubs on private outdoor property. The written notice must be delivered no less than 48 hours prior to such an application and must include the following information in at least 12 point type:
- the address where the application is to take place;
- the name, telephone number, and pesticide business registration number or pesticide applicator certification identification number of the person applying or supervising the pesticide application;
- the specific date of each scheduled application and two alternative dates, if weather or other conditions prevent application on the original scheduled date;
- the product name and the United States Environmental Protection Agency (EPA) registration number for each pesticide that is applied;
- a prominent statement that reads:
This notice is to inform you of a pending lawn care pesticide application to a neighboring property. You may wish to take precautions to minimize pesticide exposure to yourself, family members, pets or family possessions. Further information about the product or products being applied, including any warnings that appear on the labels of such pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticide Telecommunications Network at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health information line at 1-800-458-1158.
- A commercial lawn application is any application of pesticide to ground, trees, or shrubs on private or public outdoor property. The following applications are NOT considered to be commercial lawn applications:
- The application of pesticides on agricultural commodities, golf courses, turf farms, or cemetery lawns
- Residential application of pesticides to your own property
- The application of pesticides around or near the foundation of a building for the purpose of indoor pest control
- The application of pesticides by or on behalf of agencies
- The regulations offer exemptions from the requirement for 48 hour written notice if the applicator uses one or more of several pesticides including the following:
- The application of anti-microbial pesticides as defined by FIFRA in 7 U.S.C. sections 136 (mm) and 136 Q (h)(2);
- The use of an aerosol product with a directed spray, not including foggers or aerosol products which discharge to a wide area, in containers of eighteen fluid ounces or less, when used to protect individuals from an imminent threat from stinging or biting insects such as venomous spiders, bees, wasps or hornets;
- The use of non-volatile insect or rodent bait in a tamper resistant container;
- The application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40CFR Part 152.25 ("minimum risk pesticides");
- The application of a pesticide which the United States Environmental Protection Agency has determined satisfies its reduced risk criteria, including a biopesticide;
- The use of boric acid and disodium octaborate tetrahydrate;
- The use of horticultural soaps and oils that do not contain synthetic pesticides or synergists;
- The application of a granular pesticide, where granular pesticide means any ground applied solid pesticide that is not a dust or powder;
- The application of a pesticide by direct injection into a plant or the ground;
- The spot application of a pesticide, where spot application means the application of pesticides in a manually pressurized or non-pressurized container of thirty-two ounces or less to an area of ground less than nine square feet;
- An emergency application of a pesticide when necessary to protect against an imminent threat to human health, as declared by the Commissioner of Health.
There may be many instances in which people do not want to receive notices of nearby commercial lawn applications. The regulations are flexible for such people. Every household has the right to receive the written notice; however an individual is free to work out an arrangement with a pesticide application company to refuse or avoid further notices.
- Penalties for Commercial Applicators in violation of this law are up to a maximum of:
- $5,000 fine for the first violation;
- $10,000 fine for the second violation and subsequent violations;
These penalties may be levied only after a hearing or opportunity to be heard.
This page is intended to provide highlights of the neighbor notification law. Review a full copy of the law to ensure you are in compliance.
If you have any questions or would like additional information, or a full copy of the law, please call the Erie County Department of Health at 716-961-7524.