* § 390-c. Notice of pesticide applications. 1. For the purposes of
this section the following terms shall have the meanings set forth
below:

(a) "Pesticide" shall have the same meaning as in subdivision
thirty-five of section 33-0101 of the environmental conservation law.

(b) "Daycare facility" shall mean licensed and registered child
daycare homes, programs and facilities.

2. Each daycare facility shall be subject to the following notice
requirements when pesticides are used at such facility:

(a) A notice of each pesticide application shall be posted in a common
area of the facility which is conspicuously visible to persons dropping
off or picking up children from the facility. Such notice shall be
posted not less than forty-eight hours prior to the pesticide
application.

(b) The notice required to be posted pursuant to paragraph (a) of this
subdivision shall include at a minimum:

(i) the location and specific date of the application at the daycare
facility. In case of outdoor applications the notice must provide a
specific date, and may include two alternative dates in case the
application cannot be made due to weather conditions.

(ii) the product name and pesticide registration number assigned by
the United States Environmental Protection Agency.

(iii) the following statement "This notice is to inform you of a
pending pesticide application at this facility. You may wish to discuss
with a representative of the daycare facility what precautions are being
taken to protect your child from exposure to these pesticides. Further
information about the product or products being applied, including any
warnings that appear on the label of the pesticide or pesticides that
are pertinent to the protection of humans, animals or the environment,
can be obtained by calling the National Pesticide Telecommunications
Network Information at 1-800-858-7378 or the New York State Department
of Health Center for Environmental Health Info line at 1-800-458-1158".

(iv) the name of a representative of the daycare facility and contact
number for additional information.

(c) For purposes of this section the following pesticide applications
shall not be subject to the notification posting requirements:

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

(ii) 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. This section shall
not exempt from notification the use of any fogger product or aerosol
product that discharges to a wide area;

(iii) any application where the daycare facility remains unoccupied
for a continuous seventy-two hour period following the application of
the pesticide;

(iv) nonvolatile rodenticides in tamper resistant bait stations or in
areas inaccessible to children;

(v) silica gels and other nonvolatile ready-to-use, paste, foam or gel
formulations of insecticides in areas inaccessible to children;

(vi) nonvolatile insecticidal baits in tamper resistant bait stations
or in areas inaccessible to children;

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

(viii) boric acid and disodium octaborate tetrahydrate;

(ix) the application of a pesticide which the United States
Environmental Protection Agency has determined satisfies its reduced
risk criteria, including a biopesticide; or

(x) any emergency application of a pesticide when necessary to protect
against an imminent threat to human health, provided however, that prior
to any such emergency application, the person making such application
shall make a good faith effort to supply the written notice required
pursuant to this section. Upon making such an emergency application, the
person making such application shall notify the commissioner of health,
using a form developed by such commissioner for such purposes that shall
include minimally the name of the person making the application, the
pesticide business registration number or certified applicator number of
the person making such application, the location and date of such
application, the product name and USEPA registration number of the
pesticide applied and the reason for such application. The commissioner
of health shall review such form to ensure that the circumstance did
warrant such emergency application. Such forms shall be kept on file at
the department of health for three years from the date of application
and shall be available to any individual upon request.

3. Any person, other than a daycare facility, who contracts for the
application of a pesticide at a daycare facility shall provide to such
facility operator information required to be contained in the posting
pursuant to subdivision two of this section at least forty-eight hours
prior to such application.

4. (a) Any daycare facility that violates the provisions of
subdivision two of this section shall, for a first such violation of
this section, in lieu of penalty, be issued a written warning and shall
also be issued educational materials pursuant to subdivision two of
section 33-1005 of the environmental conservation law. Such facility
shall, however, for a second violation, be liable to the people of the
state for a civil penalty not to exceed one hundred dollars, and not to
exceed two hundred fifty dollars for any subsequent violation, such
penalties to be assessed by the commissioner after a hearing or
opportunity to be heard.

(b) Any person who violates subdivision three of this section shall,
for a first such violation of this section, in lieu of penalty, be
issued a written warning, and shall also be issued educational materials
pursuant to subdivision two of section 33-1005 of the environmental
conservation law. Such person shall, however, for a second violation, be
liable to the people of the state for a civil penalty not to exceed one
hundred dollars, and not to exceed two hundred fifty dollars for any
subsequent violation, such penalties to be assessed by the commissioner
of environmental conservation after a hearing or opportunity to be
heard.

* NB There are 2 § 390-c's