Senator Charles J. Fuschillo, Jr. announced legislation he co-sponsored in the Senate was signed into law today and will require statewide, mandatory 48 hour advance notice of pesticide applications for schools and daycare facilities. It will also allow counties to require the same notification to abutting neighbors within 10 feet of the site of a commercial pesticide application.

"This measure gives parents and families the information they need on pesticide applications so they may take appropriate precautions," said Fuschillo who is a member of the Senate Health Committee. "By giving a 48 hour notification to neighbors, residents will have the opportunity to keep their children and pets indoors, put away outdoor toys and patio furniture and close windows and doors. I will be urging county officials to adopt this important legislation for the residents of Nassau and Suffolk Counties."

According to Fuschillo, the provisions of the new law specify notification requirements for homeowners, commercial applicators, retail establishments, schools and daycare centers as follows:

Schools: Schools would be required to supply an annual notification to parents regarding pesticide applications in schools which offers the parent(s) the opportunity to receive notification 48 hours prior to pesticide applications. The school would be required to maintain a list of these parents. Schools would be required to send notification to all parents at the end of winter recess, spring recess and the completion of the school year. This would include all pesticide applications for which 48 hour prior notification was required and any emergency applications that occurred. Failure to comply could result in the withholding of state funds.

Day Care Facilities: Day care facilities would be required to post notification in a common area of the facility, 48 hours prior to pesticide applications at the facility. The notice would contain the same provisions for school notification, including the product being applied, the EPA registration number and a phone number for further information. Penalties for violations are the same as those placed on homeowners and retail establishments.

Homeowners: Homeowners treating an area of their lawn that is 100 square feet or larger would be required to affix flags to the treated area if enacted into county law. Failure to comply will result in a warning with educational materials upon the first violation, followed by a $100 fine for the second violation and $250 for the third violation.

Commercial Applicators: Commercial applicators would be required to notify in writing, abutting property owners within 150 feet of the site of the application. The information contained in the notice would include the product being applied, the EPA registration number and a phone number for further information. Civil and criminal penalties for violators already exist in state law.

Retail Establishments: Retail establishments would be required to post pesticide information signs where pesticides are sold. The sign would include information on the flagging requirements. Penalties for violations are the same as those placed on homeowners.

"This new law creates an easy policy of shared information," Fuschillo said. "It's a good neighbor bill that will allow parents to take precautions to limit pesticide exposure to their families."