STATE OF NEW YORK
________________________________________________________________________
4596
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL,
ABINANTI, OTIS, GLICK, BARRETT -- Multi-Sponsored by -- M. of A. FAHY,
GOTTFRIED, HEVESI, J. RIVERA, SOLAGES, STECK, THIELE -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
compilation of data on pesticides
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 2 of section 33-1201 of the environmental
2 conservation law, as added by chapter 279 of the laws of 1996, is
3 amended to read as follows:
4 2. The commissioner shall prepare an annual report summarizing pesti-
5 cide sales, quantity of pesticides used, category of applicator and
6 region of application. Pesticide data shall be compiled and reported by
7 both product name and by active ingredient. The commissioner shall not
8 provide the name, address, or any other information which would other-
9 wise identify a commercial or private applicator, or any person who
10 sells or offers for sale restricted use or general use pesticides to a
11 private applicator, or any person who received the services of a commer-
12 cial applicator. In accordance with article six of the public officers
13 law, proprietary information contained within such record, including
14 price charged per product, shall not be disclosed. The report shall be
15 submitted to the governor, the temporary president of the senate and the
16 speaker of the assembly, and shall be made available to all interested
17 parties. The first report shall be submitted on July first, nineteen
18 hundred ninety-eight and on [July first] November thirtieth annually
19 thereafter.
20 § 2. Paragraph a of subdivision 1 of section 33-1203 of the environ-
21 mental conservation law, as added by chapter 279 of the laws of 1996, is
22 amended to read as follows:
23 a. The commissioner shall, upon written request of an interested
24 party, in printed or electronic form [or on a diskette in computerized
25 data base format] , as requested by such party provide the information
26 on pesticides submitted to the department pursuant to sections 33-1205
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08606-02-1
A. 4596 2
1 and 33-1207 of this title. Such information shall be provided by county
2 or counties, or five-digit zip code or codes as selected by the inter-
3 ested party making the written request. Pesticide data shall be
4 provided by both product name and active ingredient. The commissioner
5 shall not provide the name, address, or any other information which
6 would otherwise identify a commercial or private applicator, or any
7 person who sells or offers for sale restricted use or general use pesti-
8 cides to a private applicator, or any person who received the services
9 of a commercial applicator. In accordance with article six of the public
10 officers law, proprietary information contained within such record,
11 including price charged per product, shall not be disclosed. The
12 provisions of this paragraph shall not apply to the provision of pesti-
13 cide data to the commissioner of health, the health research science
14 board and researchers pursuant to title one-B of article twenty-four of
15 the public health law.
16 § 3. The second undesignated paragraph of subdivision 1 of section
17 33-1205 of the environmental conservation law, as added by chapter 279
18 of the laws of 1996, is amended to read as follows:
19 Such records shall be maintained for a period of not less than three
20 years. All commercial applicators shall file, at least annually, a
21 report or reports containing such information with the department [on
22 computer diskette or in printed form] in an electronic format developed
23 by the department consistent with system file specifications or on
24 scannable forms developed by the department on or before February first
25 for the prior calendar year. All commercial applicators shall also
26 maintain corresponding records of the dosage rates, methods of applica-
27 tion and target organisms for each pesticide application. These records
28 shall be maintained on an annual basis and retained for a period of not
29 less than three years and shall be available for inspection upon request
30 by the department.
31 § 4. The closing paragraph of paragraph a of subdivision 2 of section
32 33-1205 of the environmental conservation law, as amended by chapter 260
33 of the laws of 1997, is amended to read as follows:
34 Every person who sells or offers for sale restricted use pesticides to
35 private applicators shall file, at least annually, a report or reports
36 containing such information with the department [on computer diskette or
37 in printed form] in an electronic format developed by the department
38 consistent with system file specifications or on scannable forms devel-
39 oped by the department on or before February first for the prior calen-
40 dar year. The department shall not use the reports filed pursuant to
41 this paragraph for enforcement purposes.
42 § 5. Subdivision 2 of section 33-1207 of the environmental conserva-
43 tion law, as added by chapter 279 of the laws of 1996, is amended to
44 read as follows:
45 2. Such records shall be maintained for a period of not less than
46 three years. All manufacturers and importers shall file an annual
47 report containing such information with the department [on computer
48 diskette or in printed form] in an electronic format developed by the
49 department consistent with system file specifications or on scannable
50 forms developed by the department on or before February first for the
51 prior calendar year.
52 § 6. This act shall take effect on the sixtieth day after it shall
53 have become a law.