§ 17-2103. Sale or use of phosphorus fertilizer restricted.

1. No person shall apply or authorize any person by way of service
contract or other arrangement to apply in this state any phosphorus
fertilizer on lawn or non-agricultural turf, except when:

(a) A soil test indicates that additional phosphorus is needed for
growth of that lawn or non-agricultural turf; or

(b) The phosphorus fertilizer is used for newly established lawn or
non-agricultural turf during the first growing season.

2. Any retailer selling or offering for sale phosphorus fertilizer for
use on lawn or non-agricultural turf shall comply with the retail sale
requirements in section one hundred forty-six-g of the agriculture and
markets law related to display of phosphorus fertilizer and the posting
of educational signs.

3. No person shall apply fertilizer to:

(a) lawn or non-agricultural turf between December first and April
first, annually;

(b) any impervious surface including parking lots, roadways, and
sidewalks. If such application occurs, the fertilizer must be
immediately contained and either legally applied to lawn or
non-agricultural turf or placed in an appropriate container; or

(c) any lawn or non-agricultural turf on any real property within
twenty feet of any surface water, except that this restriction shall not
apply where a continuous natural vegetative buffer, at least ten feet
wide, separates an area of lawn or non-agricultural turf and surface
water, and except that, where a spreader guard, deflector shield or drop
spreader is used to apply fertilizer, such application may not occur
within three feet of any surface water. This paragraph shall not apply
to an application of fertilizer for newly established lawn or
non-agricultural turf during the first growing season.

4. Nothing in this title shall impair or supersede the authority of
the commissioner of agriculture and markets pursuant to articles ten and
twenty-five-AA of the agriculture and markets law.