Buffalo Pesticide Law May Be Permanent

Erie County, N.Y. legislators are considering a local law that would mandate advance notice of commercial applications of pesticides - permanently.

Known statewide as the Neighborhood Notification Law, a key requirement is that residents of properties within 150 feet of a commercial application site be notified in writing at least 48 hours in advance.

Originally enacted in Erie County in 2003, the legislation was subject to reauthorization by the Legislature. An earlier, voluntary notification program was found, by a consultant, to be ineffective.

Eleven people spoke Tuesday at a public hearing on the legislation.

"This right-to-know law gives citizens the information they need to protect themselves and their families by giving them time to prepare from being exposed to pesticides unwittingly," said Ellen Neumaier of the League of Women Voters of Buffalo/Niagara. "The 48-hour notification gives people time to bring in toys . . . cover picnic tables, gardens, pools."

"It's not very complicated," said Jessie Whitefield of Williamsville. "People have the right to be out of the way of these pesticides if they choose."

Jim Tompkins of Grand Island said he favors the law, but pointed out lapses in enforcement of what already was on the books.

An industry professional criticized the lenient treatment of homeowners who violate the law, which requires them to place markers on treated areas measuring more than 100 square feet. Their penalties start as a written warning, whereas commercial providers are subject to a fine of up to $5,000 for a first offense.

"Homeowners don't follow label directions and they don't notify neighbors, either," said Robert A. Funk, president of Funk Lawn Care. "This law has been in effect three years. I have yet to see a homeowner post his or her lawn after an application."

Tom Mitchell, regional president of the state Nursery & Landscape Association and a horticulture teacher at McKinley High School in Buffalo, noted that homeowners can buy the same pesticides used by professionals.

"The professionals that are putting on products are really careful about putting it on," said Mitchell, adding that they're also properly trained and clothed for the job.

"I suggest that this law serves no purpose," he concluded.