Bill Text: NY A10052 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits the importation, manufacture, sale, distribution and use of glue traps, glue boards, and other adhesive-based rodent traps.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-29 - referred to economic development [A10052 Detail]
Download: New_York-2021-A10052-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10052 IN ASSEMBLY April 29, 2022 ___________ 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. LBD15328-02-2A. 10052 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.
