Frequently Asked Questions About
The Pesticide Neighbor Notification Law
New York Public Interest Research Group 7/14/06
Q. What does New York's Pesticide Neighbor Notification Law do?
The state law, which was enacted on August 21, 2000, has two major components. It requires schools and day care centers to provide certain types of notification before and after pesticides are applied on their premises, beginning July 1, 2001. It also allows counties to adopt uniform notification standards for lawn pesticide applications (see below).
Q. Who supports it and why?
This law was passed after years of grassroots lobbying by environmental, breast cancer, children's health, and other public interest advocates from across the state who were concerned about the health effects of pesticides. Pesticides can cause a myriad of acute impacts, such as headaches, dizziness, nausea, seizures, and respiratory problems, and long-term damage, such as neurological impairment, hormone disruption, reproductive disorders, and cancer. Children and developing infants are especially vulnerable. Advance notice allows people to take common-sense precautions to minimize their families' exposure to hazardous pesticides in their communities.
Q. What can counties do to require Neighbor Notification?
Counties can pass a local law to adopt the state's lawn notification requirements. These must be adopted in their entirety and cannot be modified. Note: Ulster County passed this law on December 6, 2006. The law will become effective in 2007.
Q. What is covered under the lawn notification requirements?
At least 48 hours before treating a lawn or yard with certain pesticides, commercial applicators will have to provide a written warning notice to abutting properties within 150 feet of the application. In most cases, this would mean five properties: one on each side, and three in the rear. In addition, people who apply their own lawn pesticides will have to flag the treated areas, the way lawn care companies already do. Stores that sell lawn care pesticides to the general public will have to post information signs about the new law and how to comply with it.
Q. Are there exemptions from 48-hour advance notice?
Yes. Lawn care companies do not have to provide advance notice if they use nontoxic pesticides, such as horticultural soaps and oils, or certain low toxicity pesticides, such as boric acid. Spot treatments of areas less than nine square feet are exempt, as are spot treatments of stinging insects such as bees and wasps. In addition, granular pesticides are exempt, since they are less likely to drift during application than other types of pesticides such as sprays, dusts, and powders. However, all commercial lawn pesticide applications, including granular pesticides, still require flagging after the fact, so that people will not inadvertently enter the treated area.
Q. Can municipalities pass their own laws requiring advance notice?
No. New York State does not allow local governments to regulate any aspect of pesticide use in their communities. In fact, Nassau County tried to pass its own Neighbor Notification law in 1996, but was prohibited by state law from doing so.
Q. What will the notice include, and how can I protect my family?
The notice will include the location of the application, scheduled application date and two rain dates, the name of the pesticides that will be used, the name of the company making the application, and a hotline you can call for more information. Advance notice allows you to take whatever steps you feel are necessary to protect your family and property from exposure. Simple precautions you can take to minimize your exposure include: closing windows; keeping pets and kids indoors; covering barbecues, pools, and outdoor furniture; bringing in children's toys, pet bowls, and laundry; and covering vegetable gardens, valuable ornamental plants, and birdfeeders. People who have chemical sensitivities may choose to go away for a few days.
Q. Does the Neighbor Notification law cover all outdoor pesticide use?
No. This law addresses prior notice for commercial pesticide applications on lawns, shrubs, and trees only. It does not address the use of pesticides for agriculture, structural pest control (such as termites or carpenter ants), or vector-borne disease control (such as mosquitoes). Public agencies are exempt from the notification requirements. The law also exempts golf courses, cemeteries, and turf farms.
Q. What impact will this law have on overall pesticide use?
As people become more aware of pesticide hazards and the ready availability of safe and effective alternatives, they will choose to reduce their use of hazardous lawn pesticides. This law will help spur this transition because it exempts nontoxic pesticides, such as horticultural soaps and oils, from the advance notice requirements, and because it will inform citizens about the pesticides used in their neighborhoods. People can have healthy and beautiful lawns and gardens without the use of synthetic chemicals.
Additional Links:
http://www.nypirg.org/enviro/notification.htm
http://www.health.state.ny.us/nysdoh/pest/public_notification_law.htm
http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20061114/NEWS01/611140318/1006
http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20061114/NEWS01/611140318/1006
http://www.oag.state.ny.us/environment/pesticide_guide.html |