* § 1396. Separability. If any clause, sentence, paragraph,\nsubdivision, section or part of this article shall be adjudged by any\ncourt of competent jurisdiction to be invalid, the judgment shall not\naffect, impair or invalidate the remainder thereof, but shall be\nconfined in its operation to the clause, sentence, paragraph,\nsubdivision, section or part thereof directly involved in the\ncontroversy in which the judgment shall have been rendered.\n * NB Effective until June 20, 2022\n * § 1396. Pesticide alternatives. 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 it shall not include:\n (a) the application of anti-microbial pesticides and anti-microbial\nproducts as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)\n(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 camp defined in subdivisions one and two of section thirteen\nhundred ninety-two of this article, or children's non-regulated camp\ndefined in section three hundred ninety-eight-f of the general business\nlaw, shall apply pesticide to any playgrounds, athletic or playing\nfields, other than those on publicly-owned or publicly-leased property\nin a city of more than one million, except that: (a) an emergency\napplication of a pesticide may be made by a camp defined in subdivisions\none and two of section thirteen hundred ninety-two of this article as\ndetermined by the county health department or for a county served by a\ndistrict office of the department of health, such authority as the\ncounty legislature shall designate, the commissioner or his or her\ndesignee; and (b) an emergency application of a pesticide may be made by\na children's non-regulated camp defined in section three hundred\nninety-eight-f of the general business law as determined by the\ncommissioner or his or her designee. If a response to a request for an\nemergency application of pesticide is not received by a camp within\ntwenty-four hours, such camp may contract with a pesticide applicator\ncertified under section 33-0905 of the environmental conservation law\nfor a single application of pesticide, provided that the camp submit\ndocumentation of the emergency pesticide application to the county\nhealth department or the commissioner immediately thereafter. Such\ndocumentation shall include an explanation of the emergency, the date on\nwhich the camp requested approval for an emergency application of\npesticide, the date and time the pesticide was applied, the pesticide or\npesticides applied, and the name of the certified pesticide applicator\nwho applied the pesticide.\n 3. The commissioner shall have the power to exempt from this section\nany camp defined in subdivisions one and two of section thirteen hundred\nninety-two of this article to the extent that it is not practicable to\nuse pesticide alternatives as defined in subdivision one of this\nsection.\n * NB Effective June 20, 2022\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
