Bill Text: NY S07516 | 2021-2022 | General Assembly | Introduced

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Bill Title: Restricts the use of total release fogging pesticides unless the purchaser is licensed as a certified commercial pesticide applicator, certified residential pesticide applicator, or certified commercial pesticide technician in the state of New York or the purchaser is licensed in an equivalent manner in a jurisdiction with reciprocity with the state of New York, as determined by the department; restricts the use of total release fogging pesticides in multi-unit dwellings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07516 Detail]

Download: New_York-2021-S07516-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7516

                               2021-2022 Regular Sessions

                    IN SENATE

                                    November 10, 2021
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          restricting the use of total release fogging pesticides

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

     1    Section 1. Legislative findings. The  legislature  hereby  finds  that
     2  total release pesticide foggers, otherwise known as "bug bombs," present
     3  a dangerous health risk to communities.  They fill an area with insecti-
     4  cide  by releasing the complete pressurized contents of cans in a widely
     5  distributed fine mist. Adverse health effects to total  release  foggers
     6  are  frequent  and  exposures to insecticidal foggers are more likely to
     7  result in adverse health outcomes, such as pesticide poisoning and asth-
     8  ma, than exposures to other pesticide products.  Restricting the sale of
     9  pesticide foggers to consumers will reduce their use  by  ensuring  only
    10  personnel  trained  to understand and follow the restrictions will apply
    11  them. Furthermore, eliminating their use in  multi-unit  buildings  will
    12  protect  the  health and well-being of residents of those buildings from
    13  dangerous effects of these products.
    14    § 2. Subdivision 1 of section 33-1301 of the  environmental  conserva-
    15  tion law is amended by adding a new paragraph f to read as follows:
    16    f.  Any  pesticide  classified  as  a total release fogging pesticide,
    17  unless:
    18    (1) the purchaser is licensed  as  a  certified  commercial  pesticide
    19  applicator,  certified  residential  pesticide  applicator, or certified
    20  commercial pesticide technician in the state of New York; or
    21    (2) the purchaser is licensed in an equivalent manner in  a  jurisdic-
    22  tion  with  reciprocity with the state of New York, as determined by the
    23  department.
    24    § 3. Section 33-1301 of the environmental conservation law is  amended
    25  by adding a new subdivision 13 to read as follows:
    26    13.  For any person to use any pesticide classified as a total release
    27  fogging pesticide in multi-unit dwellings.
    28    § 4. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13571-02-1