Assembly Bill A11301

Signed By Governor
2009-2010 Legislative Session

Relates to repair of damaged pesticide containers

download bill text pdf

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A11301 (ACTIVE) - Details

See Senate Version of this Bill:
S8128
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §33-1301, En Con L

2009-A11301 (ACTIVE) - Summary

Relates to repair of damaged pesticide containers; expands exceptions from transportation ban.

2009-A11301 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11301

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  repair  of  damaged pesticide containers; and providing for the repeal
  of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  b  of  subdivision 1 of section 33-1301 of the
environmental conservation law, as amended by chapter 318 of the laws of
1992, is amended to read as follows:
  b. Except as specified in regulation authorizing alternative pesticide
containers, any pesticide unless it:
  (1) is in the registrant's or the  manufacturer's  unbroken  immediate
container,  and  there  is affixed to such container, and to the outside
container or wrapper of the retail package, if  there  be  one,  through
which  the  required  information  on  the immediate container cannot be
clearly read, a label bearing[:
  (1) The] (I) THE name and address of the manufacturer, registrant,  or
person for whom manufactured;
  [(2) The] (II) THE name, brand, or trade-mark under which said article
is sold; and
  [(3)  The]  (III)  THE  net weight or measure of the content; subject,
however, to such reasonable variations as the commissioner may permit;OR
  (2) MEETS THE REQUIREMENTS  OF  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH
EXCEPT  THAT  THE  CONTAINER HAS BEEN ACCIDENTLY DAMAGED DURING HANDLING
PRIOR TO SALE AND THE DAMAGE HAS BEEN REPAIRED BY SUCH PERSON IN ACCORD-
ANCE WITH HIS OR HER OWN SPECIFIC "MINOR REPAIR PROGRAM" APPROVED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT  TO  ITS  OCTOBER
NINTH,  TWO  THOUSAND  NINE PESTICIDE CONTAINER REPAIR INTERIM POLICY. A
COPY OF THE APPROVED PROGRAM SHALL BE FORWARDED TO THE DEPARTMENT WITHIN
THIRTY DAYS OF APPROVAL AND SHALL BE KEPT AT THE PERSON'S PLACE OF BUSI-
NESS AND BE AVAILABLE FOR DEPARTMENT REVIEW UPON REQUEST.
  S 2. This act shall take effect immediately and shall expire March  1,
2012  when  upon  such  date  the provisions of this act shall be deemed
repealed.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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