N.Y. Pub. Health Law § 1396
Pesticide applications
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 1396. Separability. If any clause, sentence, paragraph, subdivision,\nsection or part of this article shall be adjudged by any court of\ncompetent jurisdiction to be invalid, the judgment shall not affect,\nimpair or invalidate the remainder thereof, but shall be confined in its\noperation to the clause, sentence, paragraph, subdivision, section or\npart thereof directly involved in the controversy in which the judgment\nshall have been rendered.\n
§ 1396. Pesticide applications. 1. For purposes of this section\n"pesticide" shall have the same meaning as set forth in subdivision\nthirty-five of section 33-0101 of the environmental conservation law,\nprovided however that the following pesticide application shall be\nexempt:\n (a) the application of anti-microbial pesticides as defined by FIFRA\nin 7 U.S.C. Section 136 (mm) and 136 q (h) (2);\n (b) the use of an aerosol product with a directed spray, in containers\nof eighteen fluid ounces or less, when used to protect individuals from\nan imminent threat from stinging and biting insects, including venomous\nspiders, bees, wasps and hornets;\n (c) the use of non-volatile insect or rodent bait in a tamper\nresistant container;\n (d) the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n (e) the use of boric acid and disodium octaborate tetrahydrate; or\n (f) the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists.\n 2. No person shall apply pesticide to any playground, turf or athletic\nor playing field at any camp as defined pursuant to subdivisions one and\ntwo of section thirteen hundred ninety-two of this article, or\nchildren's non-regulated camp as defined pursuant to section three\nhundred ninety-eight-f of the general business law, other than those on\npublicly-owned or publicly-leased property in a city of more than one\nmillion, except that: (a) an emergency application of a pesticide may be\nmade by a camp defined in subdivisions one and two of section thirteen\nhundred ninety-two of this article as determined by the county health\ndepartment or for a county served by a district office of the department\nof health, such authority as the county legislature shall designate, the\ncommissioner or his or her designee; and (b) an emergency application of\na pesticide may be made by a children's non-regulated camp defined in\nsection three hundred ninety-eight-f of the general business law as\ndetermined by the commissioner or his or her designee.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.