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* § 33-1005. Commissioner's regulations.
  For  purposes  of  implementing section 33-1004 of this article in any
county not  contained  entirely  within  a  city  or  any  city  with  a
population  of one million or more that has adopted a local law pursuant
to such section:
  1.  The  commissioner   shall   promulgate   rules   and   regulations
establishing  uniform standards for a consumer pesticide use information
sign which shall be placed in retail establishments  that  sell  general
use pesticides for commercial or residential lawn application. This sign
shall  be  in  both  the  English  and  Spanish languages, and any other
languages if the commissioner deems it necessary pursuant to  rules  and
regulations, and shall contain the following information:
  a.  a  warning  notice  directing  consumers  to  follow directions on
labels;
  b. a provision to inform the customer of the posting requirements  set
forth  in  paragraph  c  of  subdivision  one of section 33-1004 of this
article; and
  c. a recommendation that the customer notify neighbors  prior  to  the
application of pesticides so that such neighbors may take precautions to
avoid pesticide exposure.
  2.  The  commissioner  shall prepare and publish, in consultation with
the commissioner of health, educational materials, in both  the  English
and  Spanish languages and any other languages if the commissioner deems
it necessary, explaining the requirements  of  paragraphs  b  and  c  of
subdivision  one  of  section  33-1004 of this article and section three
hundred  ninety-c  of  the  social  services  law  and  the  human   and
environmental health effects of lawn care pesticides.
  3.   a.  The  commissioner  shall  promulgate  rules  and  regulations
specifying the following: the content and form  of  the  written  notice
required  in  paragraph  b of subdivision one of section 33-1004 of this
article, with the content consisting minimally of the following:

(i) the address of the premises where application is to be done;

(ii) the name and telephone number and pesticide business registration number or certified applicator number of the person providing the application;

(iii) the specific date of each pesticide application and two alternative dates to the proposed date of application when, due to weather conditions, the pesticide application on the proposed date is precluded;

(iv) the product name or names and the United States Environmental Protection Agency registration number or numbers of the pesticide or pesticides to be applied;

(v) a prominent statement that reads: "This notice is to inform you of a pending pesticide application to: 1. a neighboring property; or 2. this premise. 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 New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158". b. The commissioner shall review and revise as necessary the phone numbers required to appear in notices pursuant to this section and pursuant to section four hundred nine-h of the education law and section three hundred ninety-c of the social services law. Notwithstanding the provisions of the state administrative procedure act, such phone numbers shall be established as a rule by publication in the environmental notice bulletin. c. The written notice required by paragraph b of subdivision one of section 33-1004 of this article shall be in both the English and Spanish languages, and any other languages if the commissioner deems it necessary pursuant to rules and regulations. 4. The commissioner shall promulgate rules and regulations specifying: the manner in which persons providing commercial lawn application shall supply written notice as required under paragraph b of subdivision one of section 33-1004 of this article including, but not limited to, mailing, or leaving with a responsible adult or in a conspicuous location on the premises or abutting property; the manner in which the owner or owner's agent of multiple family dwellings covered under paragraph b of subdivision one of section 33-1004 of this article shall supply such written notice to the occupants of such multiple family dwellings; and for all other premises covered under paragraph b of subdivision one of section 33-1004 of this article, the manner in which the owner, owner's agent or other person in a position of authority shall supply such written notice. Such rules and regulations shall specify a manner in which persons providing commercial lawn applications may provide an option to occupants of dwellings to decline further notices. 5. The commissioner is hereby authorized to promulgate rules and regulations, not inconsistent with any other provisions of law, specifying procedures for the department's investigation and processing of alleged violations of paragraph c of subdivision one of section 33-1004 of this article that pertain to persons performing residential lawn applications. Such uniform procedures may require complaints to be in the form of a sworn statement containing the facts upon which an alleged violation is based and may provide that the department is not required to perform any testing or sampling in relation to the investigation of any such alleged violations. * NB There are 2 § 33-1005's