Bill Text: NY A04785 | 2023-2024 | General Assembly | Amended

---

Bill Title: Prohibits the importation, manufacture, sale, distribution and use of glue traps, glue boards, and other adhesive-based animal traps.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2024-03-27 - print number 4785a [A04785 Detail]

Download: New_York-2023-A04785-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4785--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 23, 2023
                                       ___________

        Introduced  by  M.  of A. EPSTEIN, GALLAGHER, LEVENBERG -- read once and
          referred to the Committee on Economic Development  --  recommitted  to
          the Committee on Economic Development in accordance with Assembly Rule
          3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to prohibiting the
          production, sale and use of adhesive-based animal traps

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-tt to read as follows:
     3    §  399-tt.  Adhesive-based  animal  traps;  prohibition.  1.  For  the
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a)  "Adhesive-based  animal  trap"  shall  mean  any  device  that is
     7  designed or is capable of being used to capture an animal the size of  a
     8  rodent  or  larger, by means of an adhesive substance, including devices
     9  commonly known as glue traps, glue boards, and any similar trap.
    10    (b) "Distributor" shall mean any person who delivers to a person other
    11  than a purchaser, for the purpose of retail sale.
    12    (c) "Exterminator" shall mean a person or  entity  that  is  licensed,
    13  certified,  permitted  or  otherwise  authorized  under the laws of this
    14  state to provide rodent and pest control services and  any  employee  or
    15  agent thereof engaging in the provision of such services.
    16    (d)  "Insect  trap"  shall mean any device that is designed to capture
    17  insects by means of an adhesive substance.
    18    (e) "Manufacturer" shall mean any person, firm, association,  partner-
    19  ship, limited liability company, or corporation that produces, prepares,
    20  formulates,  or  compounds  an  adhesive-based animal trap as defined in
    21  this subdivision. In the case of an adhesive-based animal trap  imported
    22  into  the United States, "manufacturer" shall mean the importer or first

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03492-05-4
        A. 4785--A                          2

     1  domestic distributor of such product if the entity that manufactures the
     2  product or whose brand name is affixed to the product does  not  have  a
     3  presence in the United States.
     4    (f)  "Person"  shall mean a natural person, firm, corporation, limited
     5  liability company, association, or an employee or  agent  of  a  natural
     6  person or an entity included in this definition.
     7    (g)  "Retailer"  shall  mean any person or entity who offers adhesive-
     8  based animal traps for sale for use or consumption by  persons  in  this
     9  state,  including  any  such  person or entity that sells adhesive-based
    10  animal traps through catalogs, mail, the telephone, the internet, or any
    11  electronic means.
    12    (h) "Sell" or "sale" shall mean  any  transfer  for  consideration  of
    13  title or the right to use, from a manufacturer, distributor, or retailer
    14  to  a  person,  including,  but  not  limited to, transactions conducted
    15  through retail sales outlets, catalogs, mail, the telephone, the  inter-
    16  net, or any electronic means.
    17    2. Beginning on the effective date of this section and thereafter:
    18    (a)  No  adhesive-based animal traps shall be shipped into this state.
    19  Such prohibition shall apply to all shipments of  adhesive-based  animal
    20  traps  into  New York state and includes importation or distribution for
    21  commercial purposes, for personal use, or otherwise, and irrespective of
    22  whether such adhesive-based animal traps were purchased within or  with-
    23  out the state.
    24    (b)  No  manufacturer, distributor, retailer, common carrier, or other
    25  person shall bring or carry into the  state  any  adhesive-based  animal
    26  trap, nor shall any manufacturer, distributor, retailer, common carrier,
    27  or  any other person accept for delivery, deliver or transport any adhe-
    28  sive-based animal trap to any distributor, retailer, or any other person
    29  located within this state.
    30    (c) Paragraphs (a) and (b) of this  subdivision  shall  apply  to  any
    31  adhesive-based animal trap, either in the original package or otherwise,
    32  whether  intended  for commercial or personal use, as well as otherwise,
    33  and  to  foreign,  interstate,  as  well  as  intrastate,  shipments  or
    34  carriage,  irrespective  of  whether such adhesive-based animal trap was
    35  purchased within or without the state.
    36    (d) No manufacturer or distributor shall  sell,  offer  for  sale,  or
    37  deliver to a retailer for subsequent sale an adhesive-based animal trap,
    38  nor  shall  any  retailer  or  exterminator  purchase, accept, obtain or
    39  otherwise acquire any such adhesive-based animal trap on  or  after  the
    40  effective date of this section.
    41    3.  Beginning  one  year  after the effective date of this section and
    42  thereafter:
    43    (a) No person or entity, or any agent or employee thereof, shall  sell
    44  or  offer  for  sale,  hold for sale or distribute to another person any
    45  adhesive-based animal  trap  as  defined  in  subdivision  one  of  this
    46  section, nor shall any person or entity, or any agent or employee there-
    47  of purchase, acquire, or possess any such adhesive-based animal trap for
    48  commercial or personal use.
    49    (b)  No  person or entity, or any agent or employee thereof shall set,
    50  place, or otherwise use any such adhesive-based animal  trap  or  permit
    51  another  person to set, place or use any such adhesive-based animal trap
    52  to capture or destroy a rat, mouse or other animal.
    53    (c) No person or entity, or any agent or employee thereof, shall  set,
    54  place, or otherwise use insect traps in an outdoor environment, in which
    55  such  devices  are  capable  of capturing birds or other similarly-sized
    56  animals.
        A. 4785--A                          3

     1    (d) Notwithstanding any contrary provision of this section:
     2    (i)  Nothing in this section shall restrict the sale, distribution, or
     3  use of insect traps, except as provided in paragraph (c) of this  subdi-
     4  vision.
     5    (ii)  A  retailer  having  in its possession any adhesive-based animal
     6  traps purchased or acquired by such retailer prior to the effective date
     7  of this section shall be authorized to sell such  adhesive-based  animal
     8  traps for one year after the effective date of this section; and
     9    (iii)  An  exterminator  having  in  its possession any adhesive-based
    10  animal traps purchased or acquired by such  exterminator  prior  to  the
    11  effective  date of this section shall be authorized to set or place such
    12  adhesive-based animal traps for one year after  the  effective  date  of
    13  this section.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.