N.H. Code Admin. R. Pes 508.01 – Notification Prior to Application of Pesticides to Turf Areas

Commercial applications of pesticides to turf areas shall comply with the following requirements:

(a) Signs as required by Pes 508 shall satisfy the following requirements:
1. (1) They shall be 8 1/2 X 11 inches in size, be made of weather resistant materials with black letters on a yellow background;
2. (2) They shall contain the following information:
  1. a. The word "Notice" in 2 1/2 inch block letters;
  2. b. The pesticide(s) used expressed as common chemical name;
  3. c. Date of treatment;
  4. d. Area treated;
  5. e. A statement that the notice has been provided for public information and to those who may be sensitive to chemicals; and
  6. f. Name, address and telephone number of the person who may be contacted; and
3. (3) Signs shall remain posted for a minimum of 48 hours after application is made;
(b) Written notification as required by Pes 508 means a written notice which shall include the following information:
1. (1) Name, address, and telephone number of the contact person and the firm offering the services;
2. (2) Name of the pesticide(s) to be used, expressed by common chemical name;
3. (3) Form(s) of material(s) to be applied and methods of application;
4. (4) A schedule of services to be provided; and
5. (5) A statement which:
  1. a. Grants the opportunity for those persons receiving the service to request, and receive, advanced notification, and other specific information requested, of the pesticide application which is to take place; and
  2. b. States "you have the right to request and receive advanced notification of the date that each pesticide application will be made"; and
6. (6) Designation of the area treated when making pesticide applications to multifamily dwellings and public and recreational properties;
(c) Without superseding or modifying any provisions or restrictions specified on a pesticide's label, in addition to label requirements, commercial applicators shall provide notification to those persons receiving their services prior to the application of pesticides to turf area, including but not limited to lawns, public and private golf courses and those areas covered under Pes 302.01(d)(2);
(d) When a commercial applicator contracts with the client or recipient of services for application of pesticides to private properties, the commercial applicator shall give written notification regarding the pesticide application which is to take place, according to (b) above, to the client, or, in a situation where the client does not reside at the property, to the persons residing at the property, including as follows:
1. (1) Notification shall be given prior to the application of pesticide; and
2. (2) Notification shall be given at least on an annual basis;
(e) When making applications to multifamily dwellings, notification shall be given by:
1. (1) Complying with Pes 508.01(d);
2. (2) Providing written notification to the management, owners or official spokesperson of the multifamily dwelling, according to the provision of (b) above, at least 72 hours but no more than 2 weeks prior to the pesticide application; and
3. (3) Providing at least one of the following:
  1. a. Posting of signs, as specified under (a) above, at common entryways including but not limited to the main entrance ways to the multifamily dwelling complex, mail boxes, road intersections and treatment area; or
  2. b. Prior written notification to all inhabitants according to (b) above;
(f) Prior to application of pesticides to public and recreational properties, commercial applicators shall provide notification by at least one of the following methods:
1. (1) Posting of signs, as specified under (a) above, around the treatment area, at access points or other places noticeable by the public when entering the treated area;
2. (2) Posting written notification pursuant to Pes 508.01(b), on bulletin boards that are noticeable to persons entering the area for a minimum period of 48 hours after application is made; or
3. (3) In addition to (1) or (2) above, commercial applicators may also utilize such methods as direct mailing, newspaper notices, organizational publications and newsletters;
(g) When making pesticide applications to commercial business properties such as banks, office buildings, restaurants, and retail stores, notification shall be provided by one or both of the following methods:
1. (1) Posting of signs, as specified under (a) above, at points of access and egress to the building; and
2. (2) Posting written notification pursuant to Pes 508.01(b)(1)-(4) on bulletin boards within the building that are noticeable to everyone occupying the building for a minimum period of 48 hours after application is made; and
(h) In situations where notification would be made in compliance with the provisions of Pes 508.01(d), (e), and (g) where there are recreational or other areas with public use, such as play areas, picnic areas, or where turf areas provide some form of recreation, notification shall also comply with Pes 508.01(f).
Source. #4867, eff 7-19-90; ss by #5611, eff 4-13-93; ss by #6258, eff 5-30-96, EXPIRED: 5-30-04
New. #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #14064, eff 8-22-24
APPENDIX
Rule
Specific State Statute the Rule Implements
Pes 501.01
RSA 430:36
Pes 502.01
RSA 430:31, IV(e)
Pes 502.02 – Pes 502.06
RSA 430:41, IV
Pes 503.01 – Pes 503.02
RSA 430:41, IV
Pes 503.03
RSA 430:31, IV(a),(e)
Pes 504.01
RSA 430:41, II, IV
Pes 504.02
RSA 430:41, IV
Pes 504.03
RSA 430:41, V
Pes 505.01
RSA 430:31, IV(e)
Pes 505.02 – Pes 505.04
RSA 430:41, IV
Pes 505.05
RSA 430:31, IV(c)
Pes 505.06
RSA 430:31, IV(e)
Pes 505.07
RSA 430:41, IV
Pes 506.01 – Pes 506.03
RSA 430:34-a, I and RSA 430:41, IV
Pes 506.04
RSA 430:34-a, I, II, III and RSA 430:41, IV
Pes 506.05
RSA 430:34-a, I, II and RSA 430:41, IV
Pes 506.06
RSA 430:34-a, I, II, III and RSA 430:41, IV
Pes 506.07 – Pes 506.08
RSA 430:34-a, I and RSA 430:41, IV
Pes 506.09 - Pes 506.10
RSA 430:41, IV
Pes 507.01 – Pes 507.04
RSA 430:41, IV
Pes 508.01
RSA 430:41, IV