beyond pesticides

(Chapter 12, Title 17 of the administrative code of the city of New York)

1. Applies to all pest control activities performed by city agencies, contractors and subcontractors on property owned or leased by New York City

2. Bans the use of the following categories of pesticides, unless exempted or a waiver is obtained from the NYC Department of Health:

a. Toxicity Category 1 pesticides (by November 9th, 2005)

b. Pesticides classified by EPA as known, likely, probable or possible carcinogens (by May 9th, 2006)

c. Pesticides classified under California’s Proposition 65 law as developmental toxins (by November 9th, 2006).

3. Establishes an interagency pest management committee (to be formed by August 9th, 2005) headed by the NYC Department of Health, which will:

a. Meet on a semi-annual basis to share information on pest control strategies

b. Develop a plan to reduce pesticide use by city agencies, including IPM initiatives (by January 1, 2007)

c. Submit the plan to the Mayor and City Council by February 1st of 2007, and annual updates as needed every February 1st thereafter

4. Exempts a number of pesticide uses and certain least toxic pesticides

a. Pesticides used for drinking water and wastewater treatment

b. Anti-microbial pesticides

c. Pesticides applied to professional sports playing fields, golf courses, and swimming pools

d. Pesticides used for maintaining heating, ventilation and air conditioning systems

e. Pesticides used for rodent control if placed in containerized baits, directly into rodent burrows, or in areas inaccessible to children and pets

f. Pesticides classified as "exempt" by EPA

g. Biological pesticides

h. Boric acid, disodium tetrahydrate, silica gels, diatomaceous earth, and nonvolatile insect bait in tamper resistant containers

5. Allows the Department of Health to grant waivers of up to one year, taking into consideration the magnitude of the infestation, the threat to public health, the availability of effective alternatives, and the likelihood of human exposure to the pesticide

6. Requires city agencies and contractors to post advance notice of all pesticide applications, except for exempt pesticides, with detailed information

a. Proposed application date and two alternate dates

b. Address of pesticide application

c. Pest to be controlled and method of pesticide application

d. Trade name and EPA registration number of pesticide

e. Pesticide information hotline numbers

f. Name and phone number of agency or contractor making the application

7. Requires city agencies to maintain records of their pesticide applications and provide them, on an annual basis, to the City Council and the Department of Health (by February 1st, 2007 and every February 1st thereafter)


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