How Can I Tell If A Pesticide Product Is Registered In The State Of Connecticut

Topic:
PESTICIDES;
Location:
PESTICIDES;
Telescopic:
Other States laws/regulations; Connecticut laws/regulations;

OLR Research Report


July 27, 2001		2001-R-0594
PESTICIDE NOTIFICATION LAWS

Past: Kevin E. McCarthy, Principal Annotator

You requested a discussion of (1) Connecticut ' s pesticide notification law and recent legislative proposals, (2) the feasibility of placing the Department of Environmental Protection ' due south (DEP) notification registry on the Internet, and (iii) New York ' s recent changes to its pesticide notification police force.

SUMMARY

Connecticut constabulary generally requires anyone who applies pesticides outdoors to postal service signs notifying the public of the application. It requires businesses that apply pesticides to provide information nearly the pesticides they use to their prospective customers and the DEP pesticide notification registry. If the business plans to apply pesticides to property abutting where a person who is on the registry lives, it must notify the person before applying the pesticide. In that location are carve up find requirements for applications on bodies of water, utility property, and golf courses; aerial applications; and applications in schools or on school grounds.

These laws were adopted between 1986 and 1999. No legislation has been introduced in the past two years on notification, although there have been bills on other aspects of pesticide use.

DEP is currently investigating the feasibility of allowing people to sign up on-line for its registry. In doing and so, it is consulting with the Department of Consumer Protection (DCP), whose "do not solicit" registry allows people to sign up on-line. Amid the issues DEP is considering is the administrative burden of this option and privacy concerns.

In 2000, New York Land adopted legislation (2000 Due north.Y. Laws ch. 285) expanding its pesticide detect provisions. The legislation (1) allows counties and New York City to prefer local laws requiring pesticide businesses and holding owners to provide notice when they apply pesticides to lawns and (two) provides for notice to staff and parents when pesticides are applied in schools and day care centers. The law went into effect July 1, 2001.

CONNECTICUT LAW

The primary pesticide notification law is CGS � 22a-66a. The law was adopted in 1986 and substantially amended in 1988. The 1988 amendment expanded notice requirements and required DEP to institute a registry of people desiring notification when an abutting property was near to exist sprayed. Other laws govern aquatic and aerial applications and applications on utility belongings, in schools, and on schoolhouse grounds. By constabulary, pesticides include chemicals used to command insects, rodents, and weeds.

General Requirements

Anyone who applies pesticides inside 100 yards of a property line must post signs at conspicuous points of entry notifying the public of the application. The signs must suit with DEP regulations. Pesticide retailers must provide such signs to their customers and inform them of the notice requirement. The signage requirement does not apply to noncommercial applications to areas of less than 100 foursquare feet or to fenced areas. Separate requirements utilize to applications on farmland. The regulations implementing these provisions (Conn. Agencies Regs. � 22a-66-1) also require that the sprayed expanse be posted with small flags labeled "pesticide application."

Pesticide Application Businesses/Notification Registry

Before a pesticide awarding business can enter into an agreement to utilize a pesticide, it must provide the prospective customer with (1) observe of the DEP registry and (2) a copy of the pesticide label that provides information on its agile ingredients and potential hazards, amid other things. The latter requirement does not utilize to pesticide applications to electrical utility rights-of-fashion, facilities, or equipment, so long every bit the application is consistent with a DEP-approved pesticide management program.

Before the business tin can employ a pesticide within 100 yards of a holding line, information technology must provide notice of the appointment and fourth dimension of the application to any owner or tenant who (i) lives on property that abuts the property to be treated and (ii) requests notification. The abutter tin can submit his request class to the business organisation or DEP. The constabulary specifies the information the form must contain, including the name, accost, and telephone number (if listed) of anyone whose belongings abuts that requestor. Pesticide businesses must submit notification requests to DEP, which must maintain the registry. Additional details regarding the registry can be constitute in Conn. Agencies Regs. � 22a-66a-2.

The business organisation must make at least 2 attempts to notify the owner or tenant who requested notification. The attempts can be past phone, mail service, in person, or by other ways. The attempts must be made as soon as possible and at to the lowest degree 24 hours earlier the awarding. Nether sure circumstances, the business must try to notify the owner or tenant immediately earlier the application. These circumstances are (i) if previous attempts have failed, (2) an emergency application is needed, or (3) if integrated pest management (IPM) best management practices recommend an immediate application of the pesticide in gild to reduce the amount of pesticide needed. If all notification attempts fail, notice of the application and the attempts at notification must be placed on the doorstep of the person requesting notification. Separate requirements, described beneath, apply to aerial applications of pesticides.

Other Discover Requirements

Aquatic Applications. Divide observe requirements apply under CGS � 22a-66a when a pesticide business or government agency proposes to innovate pesticides into a lake or swimming. The applicator must publish a newspaper notice of the pending treatment , unless simply i person owns the shoreline of the lake or pond . If the lake or pond is publicly endemic, the applicator must postal service a sign at public access points. The sign must land when the lake or swimming tin can exist utilise d afterwards the awarding . Similar provisions apply nether CGS � 22a-66z when anyone seeks to innovate chemicals into the waters of the state to control aquatic vegetation, fish, or other aquatic organisms.

Utility Holding. The notice requirements of CGS � 22a-66a do not apply to pesticide applications to rights-of-mode, roadways, electric distribution lines made by pesticide businesses, municipalities, the state, utilities, or railroads. Just, electric and telecommunication utilities must provide notice pursuant to CGS � 22a-66k in connection with pesticide applications to their rights-of-fashion. The find goes to the owners, tenants, and other occupants whose property is in or abuts the right-of-manner. The detect, which may be by any means, must be made at least 48 hours before the application. In improver, if a utility applies pesticide to its existing poles, it must mail service a notice of the application on each pole. Electrical utilities too must develop pesticide management plans, which are field of study to the approval of the DEP commissioner and the Section of Public Utility Command. If the utility does not take an approved plan, information technology is field of study to the notification requirements of CGS � 22a-66a.

Golf Courses. If a business concern (or some other authorized applicator) plans to apply pesticides to a golf game course, information technology must first post a sign at the clubhouse and at the first tee. The sign must conform with DEP regulations (CGS � 22a-66a).

Aeriform Applications/Mosquito Spraying. The aerial application of any pesticide or fertilizer, other than the pesticide Bacillus thuringenienis (B.t.) requires the written release of each landowner or resident whose property lies inside a specified altitude of the flight path of the aircraft. The distance is 200 feet from the flight path in the example of helicopter applications and 300 feet in the instance of airplane applications.

In the example of B.t. applications, landowners and residents in these areas must be notified before the application. The notice, which must be given at 31 days earlier the spraying, must state the appointment of the awarding, the pesticide to be applied, and how the recipient can object to the spraying. If a recipient objects in writing within xxx days of receiving the notice, the area cannot be sprayed (Conn. Agencies Regs. � 22a-66-7.)

CGS � 22a-54 restricts the application of pesticides or fungicides past aircraft or misting devices to shade tobacco within 300 anxiety of an inhabited residence without the resident ' s written consent. The restriction applies to housing for which a certificate of occupancy was issued earlier January i, 1997. It does not apply to applications to state that was poled for the cultivation of tobacco between January 1, 1994 and January 1, 1997, nor to applications in areas covered by nets.

The Department of Public Health (DPH) must publish a detect in a local newspaper before spraying pesticide to command mosquito larvae. DPH or a local health department must mail service a sign in the affected area before spraying pesticide to control adult mosquitoes (CGS � 22a-66a.)

Schools. Under CGS � 10-231 et seq. public schools must inform parents and schoolhouse staff virtually their pest management policy at the start of each school year. They must establish a registry of parents and staff who desire advance find when pesticides are applied in their schools or on the school ' southward grounds. The annual find must tell parents and staff that they tin can sign up for the school ' s registry. If the school has an IPM plan, the notice to people on the registry tin can exist past any means and can be made on the day the pesticide is applied. If the schoolhouse does not have an IPM programme, information technology must provide notice by mail at least 24 hours before the application, unless it is response to an emergency in which case the notice tin be by any means by the application day. The detect must include the pesticide ' s active ingredient, the application location and engagement, and the school official to contact regarding the awarding. If the schoolhouse does not take an IPM plan, the notice too must identify the targeted pest. These requirements practice non employ to charter schools or schools under the land ' s control.

FEASIBILITY OF PUTTING DEP REGISTRY ON-LINE

The DEP registry awarding form is bachelor on-line at DEP ' s Website htt p://www.dep.land.ct.usa/mosquito/prenotif.pdf , but an individual currently cannot utilize on-line to be put on the registry. DEP is currently investigating the feasibility of this option. It is consulting with DCP, whose "practise not solicit" registry allows people to sign up on-line. DEP staff note that making this option available for its registry raises administrative and privacy problems. A private party voluntarily agreed to develop and administrate the DCP registry, which has had hundreds of thousands of people sign up. It is unclear how much information technology would toll DEP to (ane) develop the software needed to let on-line sign ups and (2) maintain the on-line registry. Currently, DEP ' s registry lists approximately 200 people. Another potential concern raised past DEP staff is privacy. Currently, the registry is open to public inspection under the Freedom of Data Act. Putting the registration on-line would greatly facilitate people gaining information near their neighbors.

NEW YORK LEGISLATION

Lawn Applications

The 2000 legislation allows counties and New York City to adopt local laws requiring accelerate written discover of lawn applications of pesticides. Nether such laws, a pesticide business concern must notify occupants and owners of all buildings whose property is inside 150 feet of site to exist treated. The notice must be given at least 48 hours earlier the awarding. Certain applications are exempt, including (one) spot applications to areas of less than nine foursquare feet, (ii) the use of non-volatile insect and rodent traps, and (3) applications at cemeteries. The law too exempts emergency applications to protect public health, but requires the applicator to make a good faith effort to give prior written observe to the abutting belongings owners. The land Department of Wellness must review such applications, after the fact, to make up one's mind whether there was an emergency. The law requires anyone applying pesticides to more than than 100 square feet of lawn to place minor flags on the property on the day it will be sprayed. All retailers who sell pesticides must mail service a sign located as close as possible to them that meets the requirements of the regulations discussed below. (Due north.Y. Envtl. Conserv. Law � 33-1004).

The Environmental Conservation commissioner must adopt regulations with regard to signage, the contents of the notice, notification methods, and procedures for investigating violations of the flagging requirement. The constabulary specifies that the notice tin can exist provided by mail, leaving a copy with an adult, or posting it on the belongings requiring notification. For multifamily dwellings, the property owner or his agent must provide notice to the occupants. The commissioner likewise must publish educational materials (N.Y. Envtl. Conserv. Law � 33-1005).

Schools

The law requires public and individual schools to provide information to staff and parents four times per year. At the start of the schoolhouse twelvemonth, schools must provide information similar to that required under Connecticut police. Ii days later the end of winter and leap recess, and x days afterwards the end of the school year, they must provide parents and staff written notice of when and where they used pesticides since the previous notice and indicate the pesticide used. The detect must also include a statement that schools must maintain a registry of parents and staff who wish to receive advance find of pesticide application and instructions on how to obtain boosted data about the registry and the effects of pesticides.

At least 48 hours before applying pesticides, a school must notify the people on its registry of the date and location of the awarding (notifications regarding outdoor applications can include up to two alternative dates to account for weather condition delays). The discover must include the name and registration number of the pesticide to be applied. It also must include a argument that includes cost-free numbers where people tin obtain additional data about the pesticides, and the name and telephone number at the school.

The police provides several exceptions to the notice requirements, including applications of certain pesticides and applications to (1) rooms that volition remain unoccupied for at least 72 after the awarding and (two) areas that are inaccessible to students. The law also allows emergency applications to protect public health, subject to the same restrictions that apply to emergency applications of pesticides to laws.

The law requires the teaching commissioner to enforce these provisions and allows him to withhold specified state funding for school districts that violate them. Nonetheless, the district ' s violation is not grounds for a civil or criminal lawsuit, unless the failure constitutes, negligence, gross negligence, or intentional misconduct (North.Y. Educ. Law � 409-h).

Day Care Centers

Mean solar day care centers must mail a notice in a common area of the facility at least 48 hours before applying pesticides. The notice must provide the date and location of the application, the pesticide to be used, and name and phone number of a contact person. If someone other than the day care provider arranges for the application, that person must provider the provider with this information. The exemptions from the notice requirement and the provisions for emergency applications are the same as under the school notice law (Due north.Y. Soc. Serv. Law � 390-c).

Penalties

A person who violates the backyard care or day care center provisions of the law receives a warning and pedagogy material for a outset violation. Retailers who fail to put up the required sign accept seven days to do so. A 2d violation of these provisions is subject field to a fine of up to $100, and a subsequent violation is subject to a fine of upward to $250 (Envtl. Conserv. Law � 71-2907, N.Y. Soc. Serv. Police � 390-c). As noted above, school districts that violate the law are subject field to a loss of funding.

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