Chemicals used to kill pests and bugs are very powerful and can be dangerous to the health of children. Many of the commercial products for use on lawns, including those applied by lawn services, contain pesticides, as do those that are used to control insects and vermin.
Children need to be protected from exposure to these potent substances. Many of their bodies’ systems are still developing. Contact with these poisons might prevent a child from developing to his/her full potential. Unless it is absolutely necessary, consider avoiding the use of pesticides at your home.
If you live in an apartment, you are probably not the person who decides whether or not a pesticide will be used in the building or on the grounds. But your landlord must provide you with proper notice and all the information listed below.
417.11(r)(4)(i) Any application of pesticides (as the term pesticide is defined in section 33-0101 of the Environmental Conservation Law) shall be completed in accordance with the requirements of section 390-c of the Social Services Law and sections 33- 1004 and 33-1005 of the Environmental Conservation Law.
417.11(r)(4)(ii) In addition to the requirements of section 390-c of the Social Services Law, each day care facility must send a notice home with each child or otherwise provide notification to the parent of each child not less than forty-eight hours prior to the application of pesticides. Such notice must include:
When you learn that a pesticide will be used, you must send a written notice to parents at least two full days before it is applied. You will need to include some very specific information in this written notice to parents:
• the location and specific date of the application along with alternative dates in case the application can’t be made due to weather conditions;
• the name of the product and EPA pesticide registration number;
417.11(r)(4)(ii)(a) the location and specific date of the application of pesticides and may include two alternate dates in the event that an outdoor application cannot be made due to weather conditions;
417.11(r)(4)(ii)(b) the pesticide product name and pesticide registration number assigned by the United States Environmental Protection Agency;
• a very specific statement informing the parents that you (or your landlord) are planning to apply pesticides, as follows: “This notice is to inform you of a pending pesticide application at this facility. You may wish to discuss with a representative of the day care facility what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product or products being applied, including any warnings that appear on the label of the pesticide or pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticide Telecommunications Network Information line at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health
417.11(r)(4)(ii)(c) the following statement: “This notice is to inform you of a pending pesticide application at this facility. You may wish to discuss with a representative of the day care facility what precautions are being taken to protect your child from exposure to these pesticides. Further information about the product or products being applied, including any warnings that appear on the label of the pesticide or pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticide Telecommunications Network Information line at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info Line at 1-800-458-1158”; and
Info Line at 1-800-458-1158. In addition, if parents have questions, they should discuss them with you; and • the name and contact number of a representative at
your day care facility who can be contacted for additional information.
If you plan to apply pesticides, follow the procedure above and apply them or have them applied on Friday after day care hours if no day care is performed on weekends.
There are many natural alternatives to pesticide application. Your local Cooperative Extension office can often suggest less harmful products.
417.11(r)(4)(ii)(d) the name of a representative of the day care facility and contact number for additional information.
417.11(r)(4)(iii) Any day care provider that fails to send the appropriate notice of pesticide application as set forth in subparagraph (ii) of this paragraph shall, for a first such violation of this subdivision, be issued a written warning in lieu of penalty. For a second violation, such provider shall be subject to a penalty not to exceed one hundred dollars. For any subsequent violation, such provider shall be subject to a penalty not to exceed two hundred and fifty dollars for each violation. No penalty may be assessed by the Commissioner without affording the provider with notice and an opportunity for a hearing pursuant to section 413.5 of this Article.
417.11(r)(4)(iv) Any finding by the Department of Environmental Conservation of a violation by the provider of the requirements set forth in sections 33-1004 or 33-1005 of the Environmental Conservation Law shall be deemed a safety hazard to children in care and a violation of this subdivision.
Resources
You will find additional resources related to this chapter in the Appendix at the end of this handbook. Some that may be helpful to you include:
• Sample Emergency Telephone Numbers • First Aid Kit Recommended Items • OCFS Regional Offices
• State Agencies and Organizations • National Organizations
• County Health Departments • Books and Publications