S155-2013 Actions

• Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S155-2013 Memo

BILL NUMBER:S155

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
regulation of pesticides; and to repeal certain provisions of such law
relating thereto

PURPOSE:
The purpose of this article is to regulate the registration,
commercial use, purchase and custom application of pesticides.

SUMMARY OF PROVISIONS:
Section 1 of this bill repeals titles 5, 7, 9, 9-A, 10, 11, 12, 13, and
15 of article 33 of the environmental conservation law. Added to the
law is the definition of pesticide as "any substance or mixture or
substances intended for preventing, destroying, repelling, or
mitigating any pest;
and any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant."

JUSTIFICATION:
Currently, pesticide product registration in New York is the slowest
in the nation which puts New York family farms at a great
disadvantage. In addition to gaining EPA approval, all new pesticide
products must also gain state approval before they may be used in the
State. This prevents farmers from using new, safer, and more
environmentally-friendly pesticide products that are available and
are now being used by competitors in other states.

LEGISLATIVE HISTORY:
2011-12 S.6757/A.7739 Referred to Environmental Conservation

FISCAL IMPLICATIONS:
Savings to the State through reduced paperwork and labor.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become
a law.

S155-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          155
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 regulation of pesticides; and to repeal certain provisions of such law
 relating thereto
 

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

 

Section 1. Titles 5, 7, 9, 9-A, 10, 11, 12, 13 and 15 of article 33 of
 the environmental conservation law are REPEALED.
 

S 2.

Section 33-0101 of the environmental conservation law is REPEALED
 and a new section 33-0101 is added to read as follows:

 

S 33-0101. DEFINITIONS.
 1. "PESTICIDE" MEANS:

 A. ANY SUBSTANCE OR MIXTURE OR  SUBSTANCES  INTENDED  FOR  PREVENTING,
 DESTROYING, REPELLING, OR MITIGATING ANY PEST; AND
 B.  ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
 REGULATOR, DEFOLIANT OR DESICCANT.
 2. "DESICCANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
 FOR ARTIFICIALLY ACCELERATING THE DRYING OF PLANT TISSUE.
 3.  "FUNGICIDE"  MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
 FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY FUNGI.
 4. "RODENTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
 FOR PREVENTING, DESTROYING, REPELLING,  OR  MITIGATING  RODENTS  OR  ANY
 OTHER  VERTEBRATE  ANIMALS  WHICH THE COMMISSIONER SHALL DECLARE TO BE A
 PEST.
 5. "DEFOLIANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
 FOR  CAUSING THE LEAVES OR FOLIAGE TO DROP FROM A PLANT, WITH OR WITHOUT
 CAUSING ABSCISSION.
 6. "HERBICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
 FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY WEED.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01982-01-3
 
       S. 155                              2
 7. "INSECTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
 FOR  PREVENTING,  DESTROYING, REPELLING, OR MITIGATING ANY INSECTS WHICH
 MAY BE PRESENT IN ANY ENVIRONMENT WHATSOEVER,  EXCEPT  THOSE  ON  OR  IN
 LIVING MAN.
 

S  3. 

Section  33-0103  of  the  environmental  conservation  law  is
 REPEALED.
 

S 4. Sections  33-0303,  33-0304  and  33-0305  of  the  environmental
 conservation  law are REPEALED and section 33-0301 is amended to read as
 follows:

 

S 33-0301. Declaration of policy and purposes.
 [The purpose of this article is to regulate the registration,  commer-
 cial  use,  purchase  and custom application of pesticides.] Pesticides,
 properly used for the control of insects, fungi, weeds,  and  nematodes,
 and  as  defoliants,  desiccants,  and  plant regulators and for related
 purposes, are valuable, important and necessary to the welfare,  health,
 economic  well-being  and  productive and industrial capabilities of the
 people of this state. However, such materials, if improperly  used,  may
 injure  health,  property  and  wildlife. [It is hereby declared to be a
 matter of legislative determination that the regulation of the registra-
 tion, commercial use, purchase and custom application of  pesticides  is
 needed  in  the  public  interest and that in the exercise of the police
 power all persons be required  to  register  or  obtain  permits  before
 engaging in such activities.]
 THE  REGULATION  OF  PESTICIDES,  DEFOLIANTS,  DESICCANTS, FUNGICIDES,
 HERBICIDES, INSECTICIDES, AND RODENTICIDES IN THE STATE SHALL CONFORM TO
 THE LAWS, STANDARDS, AND REGULATIONS OF THE UNITED STATES  ENVIRONMENTAL
 PROTECTION  AGENCY  AND  THE  STATE  SHALL  BE  BOUND  BY  DECISIONS AND
 APPROVALS ISSUED THEREBY.
 

S 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided, however, that effective immediate
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made and completed on or before such date.

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