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Effective January 1, 2008, Erie County passed a law requiring notification when commercial and residential lawn pesticides are used. The following are highlights that will help explain the new law as it relates to retailers and how to comply with the law.
- Any retail establishment that sells general use pesticides labeled for commercial or residential lawn application uses must post in a conspicuous place as close as possible to each display location of such pesticides the informational sign required by the Neighbor Notification Law.
- The requirements for the informational signs:
- letters must be printed in at least 16 point bold type
- signs must be printed on brightly colored background
- must be posted in a conspicuous place as close as possible to each display location of such pesticides
- Informational signs must include the following wording:
Pesticides, although useful tools to control pests, may pose certain risks to the applicator and other non-target, often beneficial, organisms. To help reduce such risks and to increase pest control effectiveness, state and federal laws require all applicators to strictly follow all pesticide label instructions and to only use these products on the sites and pests listed on the label.
New York State Environmental Conservation Law (subdivision 1 of section 33-1004) requires individuals who apply lawn care pesticides to their residential properties within Erie County to post visual notification markers along the perimeter of any treated area of over 100 square feet.
Visual notification markers must be placed to be clearly visible to persons immediately outside the treated perimeter; and
- i. must be posted at least 12 inches above the ground and be at least four inches by five inches in size, and
- ii. must be in place before the pesticide is applied and must instruct persons not to enter the property and not to remove the signs for a period of 24 hours.
- iii. such instructions must be printed in letters at least three-eighths of an inch in height.
We recommend that you notify your neighbors prior to the application of pesticides so that they may take precautions to avoid pesticide exposure.
- Markers can be home-made as long as they comply with above requirements. You may download a copy of the sign here. Be sure to print or copy it onto a brightly colored background.
- Penalties for retailers in violation are up to a maximum of:
- a written warning and educational materials for the first violation;
- a $100 fine for the second violation; and,
- a $250 fine for the third and subsequent violations
These penalties may be levied only after a hearing or opportunity to be heard.