Bill Text: NY A01074 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes requirements regarding pesticide applications in food selling establishments including requiring use of integrated pest management programs to control pests, banning broadcast sprays of pesticides and requiring certain notice to be posted.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A01074 Detail]
Download: New_York-2013-A01074-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1074
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, JACOBS -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
pesticide applications in food-selling establishments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 33-0101 of the environmental conservation law is
2 amended by adding a new subdivision 50 to read as follows:
3 50. "INTEGRATED PEST MANAGEMENT" MEANS AN ECONOMICAL AND ENVIRON-
4 MENTALLY SENSITIVE APPROACH TO PEST MANAGEMENT WHICH RELIES ON A COMBI-
5 NATION OF BIOLOGICAL, CHEMICAL, CULTURAL AND MECHANICAL PRACTICES TO
6 MANAGE PEST POPULATIONS BY THE MOST EFFECTIVE MEANS TO PREVENT UNACCEPT-
7 ABLE LEVELS OF PEST ACTIVITIES AND DAMAGE, WITH THE LEAST HAZARD TO
8 PEOPLE, PROPERTY AND THE ENVIRONMENT. CHEMICAL CONTROL MEASURES ARE TO
9 BE THE PRACTICE OF LAST RESORT.
10 S 2. Article 33 of the environmental conservation law is amended by
11 adding a new title 14 to read as follows:
12 TITLE 14
13 PESTICIDE APPLICATIONS IN FOOD-SELLING ESTABLISHMENTS
14 SECTION 33-1401. REQUIREMENTS.
15 33-1403. NOTICE.
16 S 33-1401. REQUIREMENTS.
17 THE FOLLOWING REQUIREMENTS APPLY TO ALL PEST CONTROL ACTIVITIES
18 CONDUCTED WITHIN FOOD-SELLING ESTABLISHMENTS:
19 1. ALL PEST CONTROL ACTIVITIES CONDUCTED IN FOOD-SELLING ESTABLISH-
20 MENTS SHALL UTILIZE INTEGRATED PEST MANAGEMENT PROGRAMS TO CONTROL
21 PESTS;
22 2. BROADCAST SPRAYS OF PESTICIDES ARE PROHIBITED IN ALL FOOD-SELLING
23 ESTABLISHMENTS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05714-01-3
A. 1074 2
1 3. PESTICIDES SHALL NOT BE APPLIED IN THE FRESH PRODUCE SECTION OF THE
2 ESTABLISHMENT; AND
3 4. ONLY CERTIFIED APPLICATORS SHALL APPLY PESTICIDES IN FOOD-SELLING
4 ESTABLISHMENTS.
5 S 33-1403. NOTICE.
6 1. NOTICE OF ALL PESTICIDE APPLICATIONS SHALL BE POSTED AT CUSTOMER
7 ENTRANCES PRIOR TO EACH PESTICIDE APPLICATION IN FOOD-SELLING ESTABLISH-
8 MENTS, CONTAINING THE FOLLOWING INFORMATION:
9 A. THE STATEMENT "PESTICIDES HAVE BEEN USED TO CONTROL INDOOR PESTS IN
10 THIS FACILITY";
11 B. THE NAME OF PESTICIDE BUSINESS AND CERTIFIED APPLICATOR MAKING THE
12 APPLICATION;
13 C. THE PESTICIDE PRODUCT NAME, REGISTRATION NUMBER AND ACTIVE INGREDI-
14 ENT;
15 D. THE DATE OF THE PESTICIDE APPLICATION; AND
16 E. A CONTACT PERSON FROM WHOM MORE INFORMATION, INCLUDING A COPY OF
17 THE PESTICIDE PRODUCT LABEL, CAN BE REQUESTED.
18 2. ANY PERSON REQUESTING A COPY OF THE PESTICIDE PRODUCT LABEL SHALL
19 RECEIVE SUCH LABEL WITHIN TEN DAYS OF THE REQUEST. IN THE CASE OF A
20 HEALTH EMERGENCY, THE LABEL SHALL BE PROVIDED IMMEDIATELY UPON REQUEST.
21 S 3. This act shall take effect on the ninetieth day after it shall
22 have become a law.
