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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4785

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 23, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Economic Development

        AN ACT to amend the general business law, in relation to prohibiting the
          production, sale and use of adhesive-based rodent 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  rodent  traps;  prohibition.  1.  For  the
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a) "Adhesive-based trap" shall mean any device that is designed or is
     7  capable  of  being  used  to  capture  a  rodent by means of an adhesive
     8  substance, including devices commonly known as glue traps, glue  boards,
     9  and any similar rodent 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) "Manufacturer" shall mean any person, firm, association,  partner-
    17  ship, limited liability company, or corporation that produces, prepares,
    18  formulates,  or  compounds  an  adhesive-based  trap  as defined in this
    19  subdivision. In the case of an adhesive-based  trap  imported  into  the
    20  United  States, "manufacturer" shall mean the importer or first domestic
    21  distributor of such product if the entity that manufactures the  product
    22  or  whose  brand name is affixed to the product does not have a presence
    23  in the United States.
    24    (e) "Person" shall mean a natural person, firm,  corporation,  limited
    25  liability  company,  association,  or  an employee or agent of a natural
    26  person or an entity included in this definition.
    27    (f) "Retailer" shall mean any person or entity  who  offers  adhesive-
    28  based  traps  for  sale for use or consumption by persons in this state,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03492-01-3
        A. 4785                             2

     1  including any such person or  entity  that  sells  adhesive-based  traps
     2  through  catalogs,  mail, the telephone, the internet, or any electronic
     3  means.
     4    (g)  "Sell"  or  "sale"  shall  mean any transfer for consideration of
     5  title or the right to use, from a manufacturer, distributor, or retailer
     6  to a person, including,  but  not  limited  to,  transactions  conducted
     7  through  retail sales outlets, catalogs, mail, the telephone, the inter-
     8  net, or any electronic means.
     9    2. Beginning on the effective date of this section and thereafter:
    10    (a) No adhesive-based traps shall be shipped  into  this  state.  Such
    11  prohibition  shall  apply  to all shipments of adhesive-based traps into
    12  New York state and includes importation or distribution  for  commercial
    13  purposes,  for  personal  use, or otherwise, and irrespective of whether
    14  such adhesive-based traps were purchased within or without the state.
    15    (b) No manufacturer, distributor, retailer, common carrier,  or  other
    16  person  shall bring or carry into the state any adhesive-based trap, nor
    17  shall any manufacturer, distributor, retailer, common  carrier,  or  any
    18  other  person  accept  for  delivery, deliver or transport any adhesive-
    19  based trap to any distributor, retailer, or  any  other  person  located
    20  within this state.
    21    (c)  Paragraphs  (a)  and  (b)  of this subdivision shall apply to any
    22  adhesive-based trap, either in the original package or otherwise, wheth-
    23  er intended for commercial or personal use, as well as otherwise, and to
    24  foreign, interstate, as well as intrastate, shipments or carriage, irre-
    25  spective of whether such adhesive-based trap  was  purchased  within  or
    26  without the state.
    27    (d)  No  manufacturer  or  distributor  shall sell, offer for sale, or
    28  deliver to a retailer for subsequent sale an  adhesive-based  trap,  nor
    29  shall any retailer or exterminator purchase, accept, obtain or otherwise
    30  acquire  any  such adhesive-based trap on or after the effective date of
    31  this section.
    32    3. Beginning one year after the effective date  of  this  section  and
    33  thereafter:
    34    (a)  No person or entity, or any agent or employee thereof, shall sell
    35  or offer for sale, hold for sale or distribute  to  another  person  any
    36  adhesive-based  trap  as defined in subdivision one of this section, nor
    37  shall any person or entity, or any agent or employee  thereof  purchase,
    38  acquire,  or  possess  any  such  adhesive-based  trap for commercial or
    39  personal use.
    40    (b) No person or entity, or any agent or employee thereof  shall  set,
    41  place,  or  otherwise use any such adhesive-based trap or permit another
    42  person to set, place or use any such adhesive-based trap to  capture  or
    43  destroy a rat, mouse or other rodent.
    44    (c) Notwithstanding any contrary provision of this section:
    45    (i)  A  retailer  having  in  its  possession any adhesive-based traps
    46  purchased or acquired by such retailer prior to the  effective  date  of
    47  this  section  shall be authorized to sell such adhesive-based traps for
    48  one year after the effective date of this section; and
    49    (ii) An exterminator having in its possession any adhesive-based traps
    50  purchased or acquired by such exterminator prior to the  effective  date
    51  of  this section shall be authorized to set or place such adhesive-based
    52  traps while providing rodent control services for  one  year  after  the
    53  effective date of this section.
    54    §  2.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.