Sec. 22a-66a. Notification of the application of pesticides. Registry. Regulations. Penalty.
Sec. 22a-66a. Notification of the application of pesticides. Registry. Regulations. Penalty. (a) A pesticide application business, prior to entering into a written or
oral agreement to apply a pesticide, shall provide to the person requesting the application
and the resident or manager of the property to be treated (1) notification of the registry
established pursuant to subsection (b) of this section and (2) a copy of that portion of
the pesticide label, as defined in section 22a-47, which states the product name and
registration number, the manufacturer, the active ingredients, the signal word, an emergency phone number, if listed, and any precautionary statements, including statements
on environmental hazards, human and animal hazards, emergency treatment and reentry.
Thereafter, the pesticide application business shall provide to such persons a copy of
those portions of the label that state such information for any other pesticide to be applied
prior to the initial application of such other pesticide. The provisions of subdivision (2)
of this subsection shall not apply to any outdoor application of a pesticide made by a
pesticide application business to maintain rights-of-way, facilities or equipment for an
electric public service company, provided such application is consistent with a pesticide
management plan approved in accordance with section 22a-66k.
(b) On or after the adoption of regulations pursuant to subsection (g) of this section,
a pesticide application business, prior to applying a pesticide within one hundred yards
of any property line, shall provide notice of the time and date of the application to any
owner or tenant who abuts the property to be treated and who requests notification.
Notification may be requested by submitting a form prescribed by the commissioner to
the pesticide application business or the commissioner. The form shall include the name,
address and telephone number of the person requesting notification and the best time
for notification and the name, address and telephone number, if listed in the directory,
of any person whose property abuts the property of the person requesting notification.
Each pesticide application business shall submit requests for notification to the commissioner who shall maintain a registry of persons requesting notification. A pesticide application business shall make not less than two attempts to notify any owner or tenant who
requests notification. Such attempts shall be made as early as practicable but not later
than twenty-four hours before the application. Notice may be by any method, including
telephone, mail or personal notification. If attempts at notification by the applicator fail,
an emergency application is necessary or best management practices of integrated pest
management, as defined in section 22-11a, recommend an immediate pesticide application to reduce the amount of pesticides that would otherwise be necessary, the pesticide
application business shall attempt to notify the owner or tenant in person immediately
prior to the application. Notice of the application and attempts at notification shall be
placed on the door of the person requesting notification if all notification attempts fail.
Any person who provides notice of an aircraft application of a pesticide pursuant to
regulations adopted under section 22a-66 shall not be required to provide notice under
this subsection.
(c) On or after the adoption of regulations pursuant to subsection (g) of this section,
any person making an outdoor application of a pesticide within one hundred yards of
any property line shall at the time of application post a sign notifying the public of the
application at any conspicuous point of entry. A commercial pesticide applicator making
an application shall post a sign every one hundred fifty feet of road frontage of treated
property notifying the public of such application. Any sign posted pursuant to this subsection shall comply with the requirements adopted pursuant to subsection (g) of this
section. The provisions of this subsection shall not apply to (1) noncommercial applications to an area less than one hundred square feet or to a fenced area, or (2) applications
on land that produces agricultural commodities from which gross sales in excess of one
thousand dollars were realized or can reasonably be expected to be realized during any
calendar year.
(d) Notwithstanding the provisions of subsection (c) of this section, any person
making an outdoor application of a restricted use pesticide on land which produces
agricultural commodities shall post a sign notifying the public of such application (1)
at each conspicuous point of entry and (2) at every one hundred fifty feet of road frontage
of treated property if the application is within one hundred yards of any public road. If
the application is more than twenty-five feet from a public road, such person shall be
exempt from the requirements of subdivision (2) of this subsection for up to five hundred
square feet of an application. Any sign posted pursuant to this subsection may be posted
on a seasonal basis from the date of first application until the reentry period established
under FIFRA, as amended from time to time, has lapsed for the last pesticide used or
may be placed on an application-specific basis from the date of application until the
reentry period established under FIFRA has lapsed for such application. Any such sign
shall be maintained by the person making application in a readable manner provided
such person shall not be responsible for acts of vandalism to such sign. Any sign posted
pursuant to this subsection shall be not less than eight and one-half inches by eleven
inches in size and shall be in form substantially as follows:
ATTENTION
RESTRICTED USE PESTICIDES ARE IN USE
PLEASE AVOID THIS AREA
The word "attention" shall be in letters at least one and one-half inches high, the words "restricted use pesticides are in use, please avoid this area" shall be in letters at least three-fourths of an inch high and any other wording on the sign shall be one-quarter of an inch or smaller.
(e) On or after the adoption of regulations pursuant to subsection (g) of this section, a pesticide application business or any other person authorized to apply a pesticide, prior to applying a pesticide on a golf course, shall post a sign at the clubhouse and at the first tee notifying the public of the application. Such sign shall comply with regulations adopted by the Commissioner of Environmental Protection pursuant to said subsection (g).
(f) On or after the adoption of regulations pursuant to subsection (g) of this section, any wholesaler or distributor selling pesticides to retail establishments shall make available to the owners of such retail establishments signs for notification of a pesticide application. Such owner shall provide a sign to any purchaser of a pesticide requiring the posting of a sign pursuant to subsection (c) of this section and shall display, at the point of sale, notice of the requirements for signs pursuant to subsection (c) of this section.
(g) On or before October 1, 1989, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing (1) specifications for signs required pursuant to subsections (c) and (e) of this section and provisions for posting of signs in retail establishments, and (2) procedures for compilation and maintenance of the registry required pursuant to subsection (b) of this section.
(h) Any pesticide application business or department, agency or institution of the state or municipality prior to making a pesticide application in any lake or pond with any public access owned by the state or municipality shall cause to be published notice of the application in a newspaper of general circulation in each municipality in which the lake or pond is located and shall post a sign notifying the public of the application at each place of public access. Such sign shall comply with regulations adopted by the commissioner pursuant to subsection (g) of this section. Any pesticide application business prior to making a pesticide application on any private lake or pond with more than one owner of shoreline property shall cause to be published notice of such application in a newspaper of general circulation in each municipality in which the lake or pond is located.
(i) Notwithstanding the provisions of this section, neither the state nor any municipality nor any pesticide application business, public service company or railroad company shall be required to provide notice of any pesticide application made to rights-of-way, distribution lines and roadsides, including guardrails, except that an electric public service company shall be required to comply with regulations adopted pursuant to subsection (b) of section 22a-66k concerning the on-site posting of a notice of pesticide application.
(j) The Commissioner of Public Health, prior to spraying a seasonal larvicide for mosquito control, shall cause to be published in a newspaper of general circulation in the area of the spraying notice of such spraying. The Commissioner of Public Health or any municipal or district health department, prior to adulticide spraying for mosquito control, shall post a sign in the area of such spraying notifying the public of the spraying.
(k) Notwithstanding the provisions of section 22a-63, any person who violates any provision of this section shall be fined not more than ninety dollars.
(P.A. 86-100; P.A. 87-261, S. 3; 87-298, S. 1; P.A. 88-247, S. 1; 88-364, S. 120, 123; P.A. 90-294, S. 1, 2; May Sp. Sess. P.A. 92-11, S. 46, 70; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 07-217, S. 107, 108.)
History: P.A. 87-261 amended Subsec. (a) to authorize submission of portion of the label rather than the entire label; P.A. 87-298 inserted new Subsec. (b) re outdoor pesticide applications by commercial applicators to maintain electric public service company rights-of-way and relettered the former Subsec. (b) as (c); P.A. 88-247 amended Subsec. (a) by applying provisions to pesticide application businesses rather than commercial pesticide applicators and requiring notice of the registry, inserted new Subsec. (b) re notification of abutting property owners, added Subsec. (c) re posting of signs making an outdoor pesticide application, added Subsec. (d) re notice of pesticide applications at golf courses, added Subsec. (e) re availability of signs from wholesalers or distributors selling pesticides, added Subsec. (f) re adoption of regulations, added Subsec. (g) re pesticide applications to lakes or ponds with public access, added Subsec. (h) re notice of pesticide applications made to rights-of-way, distribution lines and guardrails, added Subsec. (i) re larvicide and adulticide spraying for mosquito control by the department of health services, making former Subsec. (b) a part of (a) and relettering former Subsec. (c) as (j); P.A. 88-364 made a technical change in Subsec. (b); P.A. 90-294 inserted new Subsec. (d) re application of restricted use pesticides on land which produces agricultural commodities and relettered the remaining Subsecs. effective January 1, 1992; May Sp. Sess. 92-11 amended Subsec. (i) to require electric public service companies to comply with certain regulations adopted pursuant to Subsec. (b) of Sec. 22a-66k; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 07-217 made technical changes in Subsecs. (c), (f) and (g), effective July 12, 2007.