Suffolk County, N.Y. Proposes Limited Pesticide Ban

Over the last year, the United States’ northern neighbors in Toronto, Montreal and other Canadian cities have been battling with by-laws banning the use of pesticides for aesthetic purposes. Things may take a similar turn in Suffolk County, N.Y. where county Legislator Jay Schneiderman has proposed similar legislation.

Proposed in a session on Tuesday, Schneiderman’s bill, IR 2102-04, intends to “promote the health of Suffolk County residents by limiting non-essential use of toxic chemical pesticides in Suffolk County,” according to its title. If adopted, the bill would ban cosmetic pesticide use, targeting chemicals listed with the Environmental Protection Agency as being known health hazards. In an interview with Lawn & Landscape, Schneiderman gave the example that the common chemical ingredient 2,4D would be among those targeted by the county, while chemicals like glyphosate, which has not been shown to be hazardous to human health, would not be impacted by the law.

“This bill is intended to target human and marine toxins by keeping them from being used for non-essential purposes,” Schneiderman says. “In consideration of the health of our family members – especially our children – we’re using this as a way to err on the side of caution by not unnecessarily putting people in harm’s way.”

ABOUT THE BILL. As mentioned, the proposed legislation would prohibit the use of specifically dangerous chemicals for aesthetic purposes, effectively limiting lawn care products to non-toxic materials. Schneiderman mentioned the use of organic materials as an alternative.

Still, the bill provides for a two-year grace period during which licensed pesticide applicators would be able to continue using the regulated chemicals before they’re phased out. Individuals and companies selling the chemicals will be required to post lists of the regulated pesticides, with compliance monitored by the county health department.

While Schneiderman says he’s gotten a good response to the legislation so far, he does expect some battles with the state in getting the law passed. “The State of New York Department of Environmental Conservation is of the opinion that it’s the soul judge to set pesticide policy,” he says. “Our issue with that is that Suffolk County has a strong health department that has performed a number of water-quality studies identifying that pesticides are the No. 1 cause of groundwater contamination in the county. By challenging the state’s authority on this issue, which I believe we can do successfully, we’ll be able to take more steps to ensure the health and safety of our county’s residents.”

Despite the strong agri-chemical lobby in the state and the nation, Schneiderman says he welcomes the challenge he and his supporters will face. Still, he notes restraint in the bill’s language regarding the pesticides and applicators affected. “We chose not to take the route of an all-out ban because we felt it would compromise the credibility of the bill,” he explains. “We know that there are pesticides in use that have not been shown to be harmful, and we know that licensed pesticide applicators will apply those types of pesticides responsibly and maybe in lesser amounts than someone who is untrained. We also specifically exempt agricultural uses for pesticides or instances where pesticide use is necessary to maintain surface requirements.”

INITIAL RESPONSE. Encompassing the Hamptons area of New York, Suffolk County is a haven for high-end vacationers and families with large estates. As such, Schneiderman notes that many of those residents use lawn care services to keep their grounds looking lush and weed free. But would they argue with the proposed law? Schneiderman says he expects good feedback from homeowners.

“More and more, it seems to me that people are moving toward organic lawn care, which is an excellent alternative to the pesticides that most lawn care companies use and that most homeowners are used to,” he says. “The public hearing on the legislation won’t take place until December, but so far there’s been a good deal of support for the bill.”

But despite the argued benefits of the pesticides ban, some area lawn care contractors voiced concerns. Karl Fridenberger, owner of OrganicCare, West Hampton, N.Y., believes the bill will pass as a result of support from area residents, but does not see it as a boon for industry or his company in particular, which specializes in organic lawn care. 

"When I started  my business five years ago, I chose to go with the natural organic approach because I believe it works for the properties I care for," Fridenberger says. "I'm really looking for customers who are of that same mindset – not people who are panicking because they don't have the same chemical lawn care all of a sudden. I also have a lot of friends in the lawn care business who do use pesticides regularly and I certianly wouldn't want to see their businesses harmed in any way."

Fridenberger also notes that customers who would lose their chemical lawn care as a result of the ban need to be educated that organic solutions take time to develop. "On many properties, the organic approach takes as long as three years to get the property into shape and even then you've still got a small amount of weed problems," he explains. Though he uses organic product primarily, Fridenberger adds that he will ocassionally resort to pesticides in instances when organic treatments aren't strong enough or for pest problems that are particularly hard to control.

Moreover, some contractors are skeptical of the bill's language. “I was surprised to hear that the bill does not apply to agricultural land,” notes Jeff Anthony, owner of Lawn Dimensions, Hampton Bays, N.Y. “To me, that says it’s okay to eat pesticides, but not to walk on them over your lawn. Plus, when you’re applying pesticide materials to lawns, you’ve got billions of grass plants that are densely covering the soil, which means much more of the material is being absorbed by the plant. In agriculture, you have row crops with a lot of exposed soil in between the rows, so you’re more likely to have contaminated groundwater runoff.”

Anthony says he does not expect the bill to pass, due to New York State’s firm stance that pesticide regulation should take place at the state level and not the county level. “However, if it does pass,” he says. “It’s going to affect all of the lawn care companies in the area the same way. From a business and competition standpoint, if everyone has the same playing field, you adjust to the changes and make your move from there.”