Bill Text: NY S06757 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the regulation of pesticides in New York State shall conform to the standards set by the Environmental Protection Agency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-03-19 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06757 Detail]

Download: New_York-2011-S06757-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6757
                                   I N  S E N A T E
                                    March 19, 2012
                                      ___________
       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         regulation of pesticides; and to repeal certain provisions of such law
         relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Titles 5, 7, 9, 9-A, 10, 11, 12, 13 and 15 of article 33 of
    2  the environmental conservation law are REPEALED.
    3    S 2. Section 33-0101 of the environmental conservation law is REPEALED
    4  and a new section 33-0101 is added to read as follows:
    5  S 33-0101. DEFINITIONS.
    6    1. "PESTICIDE" MEANS:
    7    A. ANY SUBSTANCE OR MIXTURE OR  SUBSTANCES  INTENDED  FOR  PREVENTING,
    8  DESTROYING, REPELLING, OR MITIGATING ANY PEST; AND
    9    B.  ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
   10  REGULATOR, DEFOLIANT OR DESICCANT.
   11    2. "DESICCANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
   12  FOR ARTIFICIALLY ACCELERATING THE DRYING OF PLANT TISSUE.
   13    3.  "FUNGICIDE"  MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
   14  FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY FUNGI.
   15    4. "RODENTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
   16  FOR PREVENTING, DESTROYING, REPELLING,  OR  MITIGATING  RODENTS  OR  ANY
   17  OTHER  VERTEBRATE  ANIMALS  WHICH THE COMMISSIONER SHALL DECLARE TO BE A
   18  PEST.
   19    5. "DEFOLIANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
   20  FOR  CAUSING THE LEAVES OR FOLIAGE TO DROP FROM A PLANT, WITH OR WITHOUT
   21  CAUSING ABSCISSION.
   22    6. "HERBICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
   23  FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY WEED.
   24    7. "INSECTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
   25  FOR  PREVENTING,  DESTROYING, REPELLING, OR MITIGATING ANY INSECTS WHICH
   26  MAY BE PRESENT IN ANY ENVIRONMENT WHATSOEVER,  EXCEPT  THOSE  ON  OR  IN
   27  LIVING MAN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10030-02-1
       S. 6757                             2
    1    S  3.  Section  33-0103  of  the  environmental  conservation  law  is
    2  REPEALED.
    3    S  4.  Sections  33-0303,  33-0304  and  33-0305  of the environmental
    4  conservation law are REPEALED and section 33-0301 is amended to read  as
    5  follows:
    6  S 33-0301. Declaration of policy and purposes.
    7    [The  purpose of this article is to regulate the registration, commer-
    8  cial use, purchase and custom application  of  pesticides.]  Pesticides,
    9  properly  used  for the control of insects, fungi, weeds, and nematodes,
   10  and as defoliants, desiccants, and  plant  regulators  and  for  related
   11  purposes,  are valuable, important and necessary to the welfare, health,
   12  economic well-being and productive and industrial  capabilities  of  the
   13  people  of  this state. However, such materials, if improperly used, may
   14  injure health, property and wildlife. [It is hereby  declared  to  be  a
   15  matter of legislative determination that the regulation of the registra-
   16  tion,  commercial  use, purchase and custom application of pesticides is
   17  needed in the public interest and that in the  exercise  of  the  police
   18  power  all  persons  be  required  to  register or obtain permits before
   19  engaging in such activities.]
   20    THE REGULATION  OF  PESTICIDES,  DEFOLIANTS,  DESICCANTS,  FUNGICIDES,
   21  HERBICIDES, INSECTICIDES, AND RODENTICIDES IN THE STATE SHALL CONFORM TO
   22  THE  LAWS, STANDARDS, AND REGULATIONS OF THE UNITED STATES ENVIRONMENTAL
   23  PROTECTION AGENCY  AND  THE  STATE  SHALL  BE  BOUND  BY  DECISIONS  AND
   24  APPROVALS ISSUED THEREBY.
   25    S 5. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law, provided, however, that effective immediate-
   27  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   28  necessary for the implementation of this act on its effective  date  are
   29  authorized and directed to be made and completed on or before such date.