* § 33-1005. Commissioner's regulations.

For purposes of implementing section 33-1004 of this article in any
county not contained entirely within a city or any city with a
population of one million or more that has adopted a local law pursuant
to such section:

1. The commissioner shall promulgate rules and regulations
establishing uniform standards for a consumer pesticide use information
sign which shall be placed in retail establishments that sell general
use pesticides for commercial or residential lawn application. This sign
shall be in both the English and Spanish languages, and any other
languages if the commissioner deems it necessary pursuant to rules and
regulations, and shall contain the following information:

a. a warning notice directing consumers to follow directions on
labels;

b. a provision to inform the customer of the posting requirements set
forth in paragraph c of subdivision one of section 33-1004 of this
article; and

c. a recommendation that the customer notify neighbors prior to the
application of pesticides so that such neighbors may take precautions to
avoid pesticide exposure.

2. The commissioner shall prepare and publish, in consultation with
the commissioner of health, educational materials, in both the English
and Spanish languages and any other languages if the commissioner deems
it necessary, explaining the requirements of paragraphs b and c of
subdivision one of section 33-1004 of this article and section three
hundred ninety-c of the social services law and the human and
environmental health effects of lawn care pesticides.

3. a. The commissioner shall promulgate rules and regulations
specifying the following: the content and form of the written notice
required in paragraph b of subdivision one of section 33-1004 of this
article, with the content consisting minimally of the following:

(i) the address of the premises where application is to be done;

(ii) the name and telephone number and pesticide business registration
number or certified applicator number of the person providing the
application;

(iii) the specific date of each pesticide application and two
alternative dates to the proposed date of application when, due to
weather conditions, the pesticide application on the proposed date is
precluded;

(iv) the product name or names and the United States Environmental
Protection Agency registration number or numbers of the pesticide or
pesticides to be applied;

(v) a prominent statement that reads: "This notice is to inform you of
a pending pesticide application to: 1. a neighboring property; or 2.
this premise. You may wish to take precautions to minimize pesticide
exposure to yourself, family members, pets or family possessions.
Further information about the product or products being applied,
including any warnings that appear on the labels of such pesticide or
pesticides that are pertinent to the protection of humans, animals or
the environment, can be obtained by calling the National Pesticides
Telecommunications Network at 1-800-858-7378 or the New York State
Department of Health Center for Environmental Health Info line at
1-800-458-1158".

b. The commissioner shall review and revise as necessary the phone
numbers required to appear in notices pursuant to this section and
pursuant to section four hundred nine-h of the education law and section
three hundred ninety-c of the social services law. Notwithstanding the
provisions of the state administrative procedure act, such phone numbers
shall be established as a rule by publication in the environmental
notice bulletin.

c. The written notice required by paragraph b of subdivision one of
section 33-1004 of this article shall be in both the English and Spanish
languages, and any other languages if the commissioner deems it
necessary pursuant to rules and regulations.

4. The commissioner shall promulgate rules and regulations specifying:
the manner in which persons providing commercial lawn application shall
supply written notice as required under paragraph b of subdivision one
of section 33-1004 of this article including, but not limited to,
mailing, or leaving with a responsible adult or in a conspicuous
location on the premises or abutting property; the manner in which the
owner or owner's agent of multiple family dwellings covered under
paragraph b of subdivision one of section 33-1004 of this article shall
supply such written notice to the occupants of such multiple family
dwellings; and for all other premises covered under paragraph b of
subdivision one of section 33-1004 of this article, the manner in which
the owner, owner's agent or other person in a position of authority
shall supply such written notice. Such rules and regulations shall
specify a manner in which persons providing commercial lawn applications
may provide an option to occupants of dwellings to decline further
notices.

5. The commissioner is hereby authorized to promulgate rules and
regulations, not inconsistent with any other provisions of law,
specifying procedures for the department's investigation and processing
of alleged violations of paragraph c of subdivision one of section
33-1004 of this article that pertain to persons performing residential
lawn applications. Such uniform procedures may require complaints to be
in the form of a sworn statement containing the facts upon which an
alleged violation is based and may provide that the department is not
required to perform any testing or sampling in relation to the
investigation of any such alleged violations.

* NB There are 2 § 33-1005's