NY State Pesticide Contract Question

Discussion in 'Pesticide & Herbicide Application' started by Whitey4, Dec 31, 2007.

  1. Whitey4

    Whitey4 LawnSite Silver Member
    Posts: 2,448

    In NY, I know that a signed customer contract is required by law for any kind of application, but how are unplanned apps to be handled? For instance, I won't do a pH test unless the customer will sign up for apps. How would I add a lime app after the fact? Or any other unplanned spot treatments for instance? Can I just write a seperate new contract, or do I have to amend the original one?

    How do other NY LCO's handle this? Any suggestions most welcomed!
     
  2. group501

    group501 LawnSite Member
    Posts: 173

    A signed contract is required before work can be completed on a property. This is an authorization to apply products to the property and an acknowledgment that the homeowner has been provided with a copy of a label for the control products which are being applied to the property and the dates that the applications will be made. If a change has to be made to the products which are going to be applied then the homeowner needs to be provided with a copy of the label for the new product before the application of has been completed.
     
  3. Whitey4

    Whitey4 LawnSite Silver Member
    Posts: 2,448

    So does that mean multiple contracts with the same customer are OK? Or does the original, let's say 5 app program contract, has to be re-written or just ammended? Can I have another contract for an unplanned spot spraying with that same 5 app program customer? That last sentence doesn't answer my question... but thanks.
     
  4. group501

    group501 LawnSite Member
    Posts: 173

    The way I understand it if you are going to charge extra for the service and it was not in the original contract with a price then you would need another signed agreement. The way that we handle this is at the time we evaluate the lawn we do a ph test with a kelway ph meter (only costs about 70.00 or so). The test adds about another 5 minutes to complete the evaluation. The meter paid for itself pretty much on the first day we used it. We then advise the prospective customer of the results of the test and what it would cost for the lime application (if needed)to be completed. We have a custom care section on our contract with the price and a line for a customer to initial thereby authorizing the service. One thing that I can tell you is that there are many differing opinions regarding the contract with the various inspectors. I hope that this helps. I have been audited before and although it is a pain in the a** the only change we needed to make was to lessen the application dates from a six week window to a three week window.
     
  5. turf hokie

    turf hokie LawnSite Silver Member
    Posts: 2,744

    That is pretty much how it works. The DEC wants to know the total number of apps, cost per, and cost for the season. They want to know that you provided a list of products to be used also. We put our list on the reverse of the contract so there will be no "I never got it" problems.

    If you need to change to a new product. I was told that as long as you notify prior to the application you are ok. (that could be you place a msds on the door and then do the app) there is no time frame of what "prior notice" means.

    As was said above. I dont charge for spot sprays in between apps. This is part of our service. So I dont believe that you need to amend the contract for this. Also, lime contains no chems, nor does a straight fert. Therefore there would be no need to amend the contract for these services as a stand alone.

    Dont drive yourself nuts. It sounds like you may be overly concerned about a few things. You have not started yet. So you may want to call the DEC and find out what they look for in your area.

    I actually got out of an issue a few years ago b/c I had a sample contract from Nassau County that I used as a guide. The auditor decided that if it was good there then it was good here.
     
  6. Whitey4

    Whitey4 LawnSite Silver Member
    Posts: 2,448

    So if I understand correctly, you will list any chemicals that you might use for spot spraying (crabgrass, clover, weeds etc) on the back of the contract? Like "spot treatments may include the following:" yada yada? Then just add those apps to your application log book (and provide "prior Notice")? And include those apps in a annual billing? Pretty clean way to handle it if it's OK with the DEC nazis.

    I wanted to use a pay as you go payment plan. I do an app, I send a bill. I can't afford at this point to wait until December to bill all my planned apps, and I don't think many customers want to pay up front either. So, I ask not only for fulfilling the DEC contractual requirements, but as it also relates to when to bill questions. So, if I tell my customers that this is the program price, and bill it per application (and break put the proce for each app seperately), but tell them that spot spraying with glyphosphate and other controls as needed are built into the price of the 5 app program? Will the DEC accept that?

    I do think I will have a conversation at a minimum, and perhaps a sit down with the local DEC office just to have an understanding of what they want to see if I get audited.

    LOL... yes, I am a bit of a worrier.... I like to have every possible eventuality covered if I can. From knowing the right apps, to the DEC, to being licensed. It's just so much like the govt to only let you know about how to do things until they catch you doing something they don't like!
     
  7. turf hokie

    turf hokie LawnSite Silver Member
    Posts: 2,744

    Here are a few things that you HAVE[B to put on the contract.

    Identification of substances to be applied, including brand names and generic names of active ingredients and warning information pertinent to the protection of humans, animals and the environment are on the reverse side of this contract.
    The property owner or owner’s agent may request in writing the specific date or dates of the applications to be provided and if so requested, the pesticide applicator business must inform of the specific dates.


    Your Pest business reg #, and commercial applicator #

    This is just a sample of how I have seen an individual app worded.
    April 1 – April 22: Balanced fertilizer. Pre-emergent weed control. Spray weeds as needed.

    Your signature(or certified applicator) and the customer signature

    The words or close to them "Annual service contract"

    Property address and areas to be treated. ie Front lawn, back lawn, entire lawn.

    I list the chemicals on the back with the wording and phone #'s required with a statement that basically reads.
    "The following pesticide may be used on your property. These products are not used collectively. We select from the choice below. Specific instructions pertaining to the products used will be left after each visit. etc etc."

    We bill upon completion of each service. Unless they prepay of course.

    PM me if you have any other questions.
     
  8. jrc lawncare

    jrc lawncare LawnSite Senior Member
    Posts: 420

    This info is a must in all cases. You must also have the contract with you when doing apps.Client must also have their own copy of contract, & all related labels & msds sheets. Fortunately, where I am, no neighbour notification needed.
     
  9. Whitey4

    Whitey4 LawnSite Silver Member
    Posts: 2,448

    Great info, guys! Thanks for all the help here!
     
  10. jrc lawncare

    jrc lawncare LawnSite Senior Member
    Posts: 420

    Gotta ask, where you taking your 30 hr course? & who is teaching it, is it Reg Louey?
     

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