Erie County Legislator Tim Kennedy co-sponsored a resolution last week that made pesticide neighborhood notification permanent in Erie County. Kennedy and fellow colleagues voted unanimously last week to make neighborhood notification law permanent which was due to expire this year.

"This law will protect the safety of Erie County residents' children and animals," Kennedy said, "By informing them of the location where potential toxic pesticides have been sprayed, they can be cautiously avoided."

The Neighbor Notification Law requires Commercial Lawn Applicators to give written notice to neighboring properties with a property boundary within 150 feet of certain pesticide applications (principally spray, dust or powders) to the ground, trees or shrubs on private outdoor property.

The following applications are NOT considered to be commercial lawn applications: the application of pesticides on agricultural commodities, golf courses, turf farms, or cemetery lawns; residential application of pesticides to your own property; the application of pesticides around or near the foundation of a building for the purpose of indoor pest control; the application of pesticides by or on behalf of agencies.

The written notice must be delivered no less than 48 hours prior to such an application and must include the address where the application is to take place, the name, telephone number, and pesticide business registration number or pesticide applicator certification identification number of the person applying or supervising the pesticide application; the specific date of each scheduled application and two alternative dates, if weather or other conditions prevent application on the original scheduled date; the product name and the United States Environmental Protection Agency (EPA) registration number for each pesticide that is applied.

The notice is to inform the public of a pending lawn care pesticide application to a neighboring property. 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 pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticide Telecommunications Network at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health information line at 1-800-458-1158.

The regulations offer exemptions from the requirement for 48 hour written notice if the applicator uses certain pesticides. There may be many instances in which people do not want to receive notices of nearby commercial lawn applications. The regulations are flexible for such people. Every household has the right to receive the written notice; however an individual is free to work out an arrangement with a pesticide application company to refuse or avoid further notices.

Penalties for Commercial Applicators in violation of this law are up to a maximum of $5,000 fine for the first violation and $10,000 fine for the second violation and subsequent violations. These penalties may be levied only after a hearing or opportunity to be heard.

If you have any questions or would like additional information, or a full copy of the law, please call the Erie County Department of Health at (716) 858-7677 or Legislator Kennedy's district office at 824-6180.

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