§ 1396. Pesticide applications. 1. For purposes of this section
"pesticide" shall have the same meaning as set forth in subdivision
thirty-five of section 33-0101 of the environmental conservation law,
provided however that the following pesticide application shall be
exempt:

(a) the application of anti-microbial pesticides as defined by FIFRA
in 7 U.S.C. Section 136 (mm) and 136 q (h) (2);

(b) the use of an aerosol product with a directed spray, in containers
of eighteen fluid ounces or less, when used to protect individuals from
an imminent threat from stinging and biting insects, including venomous
spiders, bees, wasps and hornets;

(c) the use of non-volatile insect or rodent bait in a tamper
resistant container;

(d) the application of a pesticide classified by the United States
Environmental Protection Agency as an exempt material under 40 CFR Part
152.25;

(e) the use of boric acid and disodium octaborate tetrahydrate; or

(f) the use of horticultural soap and oils that do not contain
synthetic pesticides or synergists.

2. No person shall apply pesticide to any playground, turf or athletic
or playing field at any camp as defined pursuant to subdivisions one and
two of section thirteen hundred ninety-two of this article, or
children's non-regulated camp as defined pursuant to section three
hundred ninety-eight-f of the general business law, other than those on
publicly-owned or publicly-leased property in a city of more than one
million, except that: (a) an emergency application of a pesticide may be
made by a camp defined in subdivisions one and two of section thirteen
hundred ninety-two of this article as determined by the county health
department or for a county served by a district office of the department
of health, such authority as the county legislature shall designate, the
commissioner or his or her designee; and (b) an emergency application of
a pesticide may be made by a children's non-regulated camp defined in
section three hundred ninety-eight-f of the general business law as
determined by the commissioner or his or her designee.