Bill Text

This law is based on New York’s Environmental Conservation Law, Title 10: Special Requirements for Commercial and Residential Lawn Applications, and on Wisconsin’s Administrative Code: Agriculture Trade & Consumer Protection, Section 29.55. Other provisions came from the the Northwest Coalition for Alternatives to Pesticides’ information sheet: “Information Please! Notification and Posting of Urban Pesticide Applications.”

Pesticide Application Posting and Notification Act

An Act Concerning the Implementation of Posting and Notification of Pesticide Product Application

Summary: This Act establishes the procedure, form, and content for posting warning signs and notice prior to all non-agricultural pesticide applications within the state.

Be it enacted by the Senate and General Assembly of the state of <insert your state’s name here>:

Section 1. Short Title.

This Act shall be known as the “Pesticide Posting and Notification Act.”

Section 2. Findings.

The Legislature finds:

(A) Many national and state agencies have announced that pesticides pose a significant threat to water quality;

(B) It is the responsibility of state agencies providing public services to also provide an environment as safe as possible to the citizens using these services as well as safe natural resources for all of this state’s citizens;

(C) Children are more susceptible to health effects from pesticides than are adults, and numerous scientific studies have linked both cancer and birth defects to pesticide exposure; and

(D) It is the responsibility of a pesticide user to inform others when they might expose them to pesticides.

Section 3. Definitions.

(A) “Abutting property” means any property which has any boundary or boundary point in common with the property on which the pesticide is to be applied.

(B) “Agency” means any state, county, or city agency; municipal corporation; public authority; college, as that term is defined in the <insert your state’s name> education law; railroad, as that term is defined in the <insert your state’s name> railroad law; or telegraph, telephone, telegraph and telephone, pipeline, gas, electric, or gas and electric corporation as those terms are defined in the <insert applicable state statute(s)>.

(C) “Application of pesticide” means any application of pesticides by aircraft or ground equipment.

(D) “Applicator” means anyone using pesticides, or his or her agent.

(E) “Certified applicator” means any individual who is certified to use or supervise the use of any pesticide in any category of use covered by his or her agent certification.

(F) “Commercial application” means any application of any pesticide, including, but not limited to, application by agencies, except as defined in private or residential structural application of pesticides.

(G) “Customer” means any person who has contracted or hired an applicator to apply pesticides on property.

(H) “Dwelling” means any building or structure, or portion thereof, which is occupied in whole or in part as the home, residence, or sleeping place for one or more families.

(I) “Fungi” means all non-chlorophyll-bearing organisms belonging to the kingdom Fungi.

(J) “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented and belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice, except those on or in living humans. This term shall also include nematodes.

(K) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide, or its immediate container and any outside containers or wrappers.

(L) “Labeling” means all labels and other written, printed, or graphic matter:

(1) Upon the pesticide or any of its containers or wrappers;

(2) Accompanying the pesticide at any time; or

(3) To which reference is made on the label, or in literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the United States Departments of Agriculture or the Interior, the United States Public Health Service, state agricultural experiment stations, state colleges of agriculture, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides <or insert your state’s equivalents>.

(M) “Landscape” means lawn, turf, ornamental and mulched areas, and areas being prepared for those purposes, that are located in or around residential premises, public or commercial facilities, parks, workplaces, care facilities, recreational areas, and public lands. “Landscape” does not include utility or transportation right-of-way areas, greenhouses, nurseries, or areas used for agricultural production, forest production, or commercial turf production.

(N) “Landscape application” means the application of a pesticide to a landscape. “Landscape application” does not include any of the following:

(1) A perimeter barrier application made on or within 10 feet of a building or structure to prevent or discourage pests from entering that building or structure; or

(2) Pesticide applications made by an agency or its agent.

(O) “Person” means any individual, partnership, association, corporation, organized group of persons whether incorporated or not, private or public authority, state government or agency, political subdivision, governmental agency, or any other legal entity whatever.

(P) “Pest” means:

(1) Any insect, rodent, fungus, weed; or

(2) Any other form of terrestrial or aquatic plant or animal life, or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other living animals), which the Department of Pesticide Regulation <or insert your state’s equivalent> determines to pose a significant health threat.

(Q) “Pesticide” means:

(1) Any substance or mixture or substances intended for preventing, destroying, repelling, or mitigating any pest, including insecticides, rodenticides, fungicides, and herbicides; or

(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(R) “Pesticide business” means any person providing commercial application of pesticides for hire.

(S) “Private application” means any application of pesticides on property unavailable to the public.

(T) “Residential lawn application” means the application of general-use pesticides to ground, trees, or shrubs on property owned by or leased to the individual making such application. For the purposes of this Act, the following shall not be considered residential lawn application:

(1) The application of pesticides for the purpose of producing an agricultural commodity;

(2) The application of pesticides around or near the foundation of a building for the purpose of indoor pest control;

(3) The application of pesticides by or on behalf of agencies, except that agencies shall be subject to visual notification requirements pursuant to this Act where such application is within one hundred feet of a dwelling, multiple dwelling, public building, or public park; and

(4) The application of pesticides on golf courses or turf farms.

(U) “Residential structural application” shall mean the application of general-use pesticides in or around buildings on property owned or leased by the applicator, excluding any establishment selling or processing food and any residential structure other than the specific dwelling unit in which the applicator resides.

(V) “State” means the Department of Pesticide Regulation <or insert your state’s regulatory agency for pesticides>.

(W) “Target organisms” means those organisms which the pesticide is intended to inhibit or destroy pursuant to its registered labeled usage.

(X) “Weed” means any plant which grows where it is not wanted.

Section 4. Visual Notification.

(A) All persons providing commercial, landscape, residential structural, residential lawn, or private application of a pesticide(s) shall affix warning signs, to be placed within or along the perimeter of the area where any pesticide will be applied. Warning signs are to be placed so as to be clearly visible to persons immediately outside the perimeter of such property. Such warning signs shall be posted at least twelve inches above the ground, shall be at least four inches by five inches in size, and shall be attached to a stable supporting device. Warning signs should be posted so as to be clearly visible from potential access points including roads, sidewalks, driveways, doorways, alleys, and adjacent yards unless a fence, wall, hedge, or similar feature effectively prevents human access to the treated area from that direction.

(B) Warning signs shall contain the following language:

“WARNING! This notice is to inform you of a pending pesticide application to 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 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 <insert your state’s public access number for environmental health>.

(C) All warning signs or notices shall also contain the following information:

(1) A description of the area of the pesticide application;

(2) The brand name or product name, or common chemical name; and, the federal Environmental Protection Agency registration number of each pesticide applied;

(3) The target pest;

(4) The date(s) of pesticide use;

(5) Words or phrases indicating the toxicity category of the pesticide product;

(6) The permissible re-entry time or date of the area treated; and

(7) The name and contact phone number for the agency or applicator responsible for the application.

(D) Signs shall be posted at least three days before application of the pesticide and remain posted at least four days after application of the pesticide.

(E) Signs shall be posted at every entry point where the pesticide is applied if the pesticide is applied in an enclosed area, and in highly visible locations around the perimeter of the area where the pesticide is applied if the pesticide is applied in an open area.

(F) If a person makes a residential structural or lawn application of a pesticide whose label prescribes a restricted entry interval, that person shall post a warning sign at each entrance to the treated area. Each warning sign shall be at least 8.5 inches by 11 inches, with the word “WARNING” clearly displayed in letters no less than one inch in height. The signs shall also include all the information required on the signs as described earlier in this Section. The person making the residential structural or lawn application shall post the warning sign before the application begins, and shall not remove it until the restricted entry interval expires.

(G) Agencies shall not be required to post signs in right-of-way locations that the general public does not use for recreational purposes. However, each agency that uses pesticides in such right-of-way locations shall develop and maintain a public access telephone number about pesticide applications in the right-of-way areas. Information about the contact telephone number shall be posted in a public location at the agency’s main office building.

Section 5. Exemptions.

(A) Agencies using pesticides can be granted an exemption from the requirements of Section 4 from the state. However, each agency that uses pesticides and is granted an exemption by the state shall post a permanent sign:

(1) In each building or vehicle where such pesticides are used;

(2) At the agency’s main office or a similar location where the public obtains information regarding the building or vehicle; and

(3) When such pesticides are used outdoors to control rats and other pests, in a conspicuous location outside of the area where they are used.

The sign shall indicate the name and active ingredient of the pesticide used in and around the building or vehicle, the target pests, words or phrases indicating the toxicity category of the pesticide product, the area or areas where the pesticide is commonly placed, and the contact number for the agency responsible for the application.

(B) Agencies may obtain authorization from the state to apply a pesticide without providing a three-day advance notification in the event of a public health or environmental emergency. Signs posted in the event of an emergency shall be posted at the time of application and remain posted four days following the application, pursuant to this Act.

(C) The state may grant exemptions to agencies for the notification requirements for one-time pesticide uses and may authorize permanent changes in the way agencies notify the public about pesticide use in specific circumstances, upon a finding that good cause exists to allow an exemption to the notification requirements. Prior to granting an exemption pursuant to this Act, the agency requesting the exemption shall identify the specific situations in which it is not possible to comply with the notification requirements and propose alternative notification procedures. The state shall review and approve (or disapprove) the alternative notification procedures.

(D) The prior notification provisions of this Section shall not apply to the following:

(1) The application of anti-microbial pesticides and anti-microbial products as defined by the Federal Insecticide, Fungicide, and Rodenticide Act in 7 U.S.C. Section 136 (mm) and 136q (h)(2);

(2) 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 paragraph shall not exempt from notification the use of any fogger product or aerosol product that discharges to a wide area;

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

(4) The application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 C.F.R. Part 152.25;

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

(6) The use of boric acid;

(7) The use of horticultural soap and oils that do not contain synthetic pesticides or synergists;

(8) The application of a pesticide by direct injection into a plant or the ground; and

(9) The spot application of a pesticide, where spot application means the application of a pesticide in a manually pressurized or non-pressurized container of thirty-two fluid ounces or less to an area of ground less than nine square feet. This Act does not apply to a landscape application on a golf course of a pesticide whose label prescribes no restricted entry interval, provided that a permanent warning sign is conspicuously posted at each of the following locations:

(a) At or near the place where golfers register to play the course;

(b) At or near the first tee of every 9 holes; and

(c) At every point on the golf course boundary at which the non-golfing public is permitted to enter the golf course by means of a road, sidewalk, path, or other established thoroughfare.

(d) A permanent warning sign under this subsection shall comply with all of the following requirements:

(i) It shall be clearly legible at all times;

(ii) It shall be at least 12 inches by 12 inches;

(iii) It shall contain the following statement, in red letters not less than one-half inch high on a white background:

“PESTICIDES ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION.”

(e) If any person asks a golf course superintendent for information about pesticide applications to a golf course, the superintendent shall notify that person that the following information is available, and shall provide the information in writing upon request:

(i) A general description of the types and amounts of pesticides commonly applied to the golf course;

(ii) An identification of pesticide applications made to the golf course within the last week prior to the request, including the common chemical or brand names of the pesticides applied and the areas to which those pesticides were applied; and

(iii) A copy of the pesticide label related to each pesticide application, if any. The superintendent may require the requester to pay reasonable copying and postage costs before providing the label.

(f) Written notices pursuant to this Act shall be submitted, via posting on a door facing the main street or sent via regular mail, to all adult residents and property owners whose property boundaries are abutting or within 300 feet of the boundaries of the golf course. Notice publishing costs will be at the expense of the golf course. Notices shall be posted or sent at least three days before use of the pesticide(s).

Section 6. Information to the Customer.

(A) Any applicator hired by a customer to make a commercial, landscape, residential structural, residential lawn, or private application of a pesticide(s) shall provide that customer with all of the following:

(1) A written notice of pre-application information. The applicator shall provide the notice before making the first application for the customer, and shall offer to repeat providing the notice at least annually if there is a continuing contract for more than one year. A new written notice must be provided after the first application if any of the pesticides to be applied in subsequent application are different than those applied in the first application. The notice must be in at least a 12-point font and shall include:

(a) The date or dates on which the pesticide application will be made. The date or dates may be communicated orally, rather than in writing, if the customer agrees to oral notification;

(b) The number of applications;

(c) The brand name or product name, or common chemical name; and, the federal Environmental Protection Agency registration number of each pesticide applied;

(d) A copy of the pesticide label for each pesticide that may be applied, or any warnings that appear on the label of pesticides to be applied that are pertinent to the protection of humans, animals, or the environment;

(e) Post–application precautions which the pesticide label requires of the customer. This information shall be provided in time for the customer to take the required precautions. For example, pesticide labels might require customers to observe post–application precautions such as restricted entry intervals; and

(f) The applicator’s company name, address, telephone number, business registration number, and applicator certification identification card number.

(2) In the event that application on the date or dates specified becomes infeasible, the applicator shall give the customer, or his or her agent, oral or written notice of the proposed alternate date or dates, and shall receive acceptance of such alternate date or dates from the customer, or his or her agent, prior to initiating commercial lawn application.

(B) Upon application of the pesticide, a pesticide applicator shall provide a customer with all of the following in writing:

(1) The first name, last name, and license number of each individual who made or directly supervised the pesticide application;

(2) The lawn, landscape, building, or site or sites to which the pesticide was applied;

(3) The month, day, year, and approximate starting and ending time of the pesticide application;

(4) At least the concentration and total quantity of each pesticide applied, or the amount of each pesticide applied per unit area, and the total area treated.

Section 7. Special Requirements for Notifying Tenants.

(A) Prior to any private or commercial application of pesticide(s) to property leased or rented by tenants, the landlord or property owner, or his or her agent, shall leave written notice with an adult occupant of each leased or rented unit, or shall prominently post at the entrance of each unit information specifying the approximate date or dates of application and number of applications. Notices may be made available in Spanish or other languages as deemed necessary by the landlord or property owner or the state and publishing costs will be at the expense of the landlord or property owner. The landlord or property owner shall also supply his or her tenants with a written copy in at least a 12-point font of:

(1) The brand name or product name, or common chemical name; and, the federal Environmental Protection Agency registration number of each pesticide applied;

(2) A copy of the pesticide label for each pesticide that may be applied or any warnings that appear on the label of pesticides to be applied that are pertinent to the protection of humans, animals, or the environment; and

(3) If an applicator is hired by the property owner, the applicator’s company name, address, telephone number, business registration number, and applicator certification identification card number.

(B) In the event that application on the date or dates specified becomes infeasible, the property owner, or his or her agent, shall give the tenant(s) oral or written notice of the proposed alternate date or dates.

Section 8. Effective Date.

All provisions within this Act shall become effective immediately upon its passage.

Section 9. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.