N.Y. Environmental Conservation Law 17-2103 – Sale or use of phosphorus fertilizer restricted
§ 17-2103. Sale or use of phosphorus fertilizer restricted.
Terms Used In N.Y. Environmental Conservation Law 17-2103
- Contract: A legal written agreement that becomes binding when signed.
- Fertilizer: means the same as "specialty fertilizer" as defined in § 143 of the agriculture and markets law. See N.Y. Environmental Conservation Law 17-2101
- non-agricultural turf: means any non-crop land area that is covered by any grass species. See N.Y. Environmental Conservation Law 17-2101
- Phosphorus fertilizer: means fertilizer in which the available phosphate (P205) content is greater than 0. See N.Y. Environmental Conservation Law 17-2101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. No person shall apply or authorize any person by way of service contract or other arrangement to apply in this state any phosphorus fertilizer on lawn or non-agricultural turf, except when:
(a) A soil test indicates that additional phosphorus is needed for growth of that lawn or non-agricultural turf; or
(b) The phosphorus fertilizer is used for newly established lawn or non-agricultural turf during the first growing season.
2. Any retailer selling or offering for sale phosphorus fertilizer for use on lawn or non-agricultural turf shall comply with the retail sale requirements in § 146-g of the agriculture and markets law related to display of phosphorus fertilizer and the posting of educational signs.
3. No person shall apply fertilizer to:
(a) lawn or non-agricultural turf between December first and April first, annually;
(b) any impervious surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer must be immediately contained and either legally applied to lawn or non-agricultural turf or placed in an appropriate container; or
(c) any lawn or non-agricultural turf on any real property within twenty feet of any surface water, except that this restriction shall not apply where a continuous natural vegetative buffer, at least ten feet wide, separates an area of lawn or non-agricultural turf and surface water, and except that, where a spreader guard, deflector shield or drop spreader is used to apply fertilizer, such application may not occur within three feet of any surface water. This paragraph shall not apply to an application of fertilizer for newly established lawn or non-agricultural turf during the first growing season.
4. Nothing in this title shall impair or supersede the authority of the commissioner of agriculture and markets pursuant to articles ten and twenty-five-AA of the agriculture and markets law.