HOUSE BILL 186

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Matthew McQueen

AN ACT

RELATING TO THE ENVIRONMENT; AMENDING THE PESTICIDE CONTROL ACT TO PROVIDE FOR PUBLIC NOTIFICATION OF PESTICIDE APPLICATIONS TO PUBLIC BUILDINGS AND GROUNDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Pesticide Control Act is enacted to read:

     "[NEW MATERIAL] PUBLIC NOTICE--USE OF PESTICIDES IN PUBLIC PLACES.--

          A. A person that applies a pesticide or hires a commercial applicator to apply pesticide to a publicly accessible building or publicly accessible grounds shall post visible notice to inform the general public about the presence of pesticides.

          B. The notice shall be posted in a conspicuous place at the point of entrance and left in place for a minimum of seven days following application. No person shall remove, alter, obscure or deface the notice.

          C. The notice shall:

                (1) be orange in color with black lettering;

                (2) be a minimum of eight and one-half inches by eleven inches in size; and

                (3) contain:

                     (a) the words "Notice-Pesticides" and "Aviso-Pesticidas";

                     (b) the pesticide brand name, active ingredient and registration number;

                     (c) the date and time of application;

                     (d) the method of application; and

                     (e) the name and phone number of the applicator.

          D. As used in this section:

                (1) "publicly accessible building" means a building where the public has access or where three or more full-time employees work, except for buildings used for commercial agriculture; and

                (2) "publicly accessible grounds" means outdoor or partially enclosed areas where the public has access or where three or more full-time employees work, except for land used for commercial agriculture."