Bill Text: NY A00576 | 2017-2018 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A00576 Detail]

Download: New_York-2017-A00576-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           576
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M. of A. GUNTHER, BLANKENBUSH, CROUCH -- Multi-Sponsored
          by -- M. of A.  COOK, RIVERA -- read once and referred to the  Commit-
          tee 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     2  the environmental conservation law are REPEALED.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    § 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 Section 33-0101 of the environmental conservation law is REPEALED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  § 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00360-01-7
        A. 576                              2
     1    7. "Insecticide" means any substance or mixture of substances intended
     2  for preventing, destroying, repelling, or mitigating any  insects  which
     3  may  be  present  in  any  environment whatsoever, except those on or in
     4  living man.
     5    §  3.  Section  33-0103  of  the  environmental  conservation  law  is
     6  REPEALED.
     7    § 4. Sections  33-0303,  33-0304  and  33-0305  of  the  environmental
     8  conservation  law are REPEALED and section 33-0301 is amended to read as
     9  follows:
    10  § 33-0301. Declaration of policy and purposes.
    11    [The purpose of this article is to regulate the registration,  commer-
    12  cial  use,  purchase  and custom application of pesticides.] Pesticides,
    13  properly used for the control of insects, fungi, weeds,  and  nematodes,
    14  and  as  defoliants,  desiccants,  and  plant regulators and for related
    15  purposes, are valuable, important and necessary to the welfare,  health,
    16  economic  well-being  and  productive and industrial capabilities of the
    17  people of this state. However, such materials, if improperly  used,  may
    18  injure  health,  property  and  wildlife. [It is hereby declared to be a
    19  matter of legislative determination that the regulation of the registra-
    20  tion, commercial use, purchase and custom application of  pesticides  is
    21  needed  in  the  public  interest and that in the exercise of the police
    22  power all persons be required  to  register  or  obtain  permits  before
    23  engaging in such activities.]
    24    The  regulation  of  pesticides,  defoliants,  desiccants, fungicides,
    25  herbicides, insecticides, and rodenticides in the state shall conform to
    26  the laws, standards, and regulations of the United States  environmental
    27  protection  agency  and  the  state  shall  be  bound  by  decisions and
    28  approvals issued thereby.
    29    § 5. This act shall take effect on the one hundred twentieth day after
    30  it shall have become a law, provided, however, that effective immediate-
    31  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    32  necessary  for  the implementation of this act on its effective date are
    33  authorized and directed to be made and completed on or before such date.