S2887A-2011 - NY Senate Open Legislation - Permits commercial applicators of pesticides to apply pesticides in a dosage, concentration or frequency less than that specified on the labeling

Permits commercial applicators of pesticides to apply pesticides in a dosage, concentration or frequency less than that specified on the labeling.

Sponsor: MARCELLINO / Co-sponsor(s): JOHNSON, MAZIARZ / Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law / Law: Amd S33-0725, En Con L

S2887A-2011 Actions

Mar 19, 2012: referred to environmental conservation
Mar 19, 2012: DELIVERED TO ASSEMBLY
Mar 19, 2012: PASSED SENATE
Mar 12, 2012: ADVANCED TO THIRD READING
Mar 7, 2012: 2ND REPORT CAL.
Mar 6, 2012: 1ST REPORT CAL.295
Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 21, 2011: referred to environmental conservation
Jun 21, 2011: DELIVERED TO ASSEMBLY
Jun 21, 2011: PASSED SENATE
Jun 6, 2011: AMENDED ON THIRD READING 2887A
May 2, 2011: ADVANCED TO THIRD READING
Apr 13, 2011: 2ND REPORT CAL.
Apr 12, 2011: 1ST REPORT CAL.342
Feb 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2887A-2011 Meetings

Environmental Conservation: Mar 6, 2012, Environmental Conservation: Mar 27, 2012

S2887A-2011 Calendars

Active List: Mar 19, 2012 , Active List: Jun 21, 2011 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011

S2887A-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Apr 12, 2011

Ayes (12): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - Jun 21, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Environmental Conservation - Mar 6, 2012

Ayes (13): Grisanti, Johnson, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Perkins, Serrano, Stewart-Cousins
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - Mar 19, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Absent (1): Valesky
Excused (1): Oppenheimer

S2887A-2011 Memo

BILL NUMBER:S2887

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the use of
pesticides by commercial applicators

PURPOSE:
This bill seeks to allow for commercial pesticide applicators
in a dosage, concentration or frequency less than that specified on
the labeling.

SUMMARY OF PROVISIONS:
Section 33-0725 of the Environmental
Conservation Law that allows for less than label use of
agricultural pesticides is amended to add commercial applicators.

Section 2 - immediate effective date.

JUSTIFICATION:
Currently, pesticides registered for use in New York
State may be used for agricultural purposes only in a dosage,
concentration or frequency less than that specified on the labeling,
but commercial pesticide applicators may not. By allowing commercial
applicators to apply less than label rates, the total amount of
pesticides being applied in New York State will be decreased,
providing economic and environmental benefits to the people of the
state.

Improvements in application technology have resulted in advances to
efficacy, deposition, drift reduction and improved targeting of
pesticides. The use of air induction nozzles, pre-orifice flat fan
nozzles, controlled droplet applicators, shield or hooded sprayers,
and chemical injection applicators all lead to more effective action
from pesticides. These tools provide the professional applicator with
the means to reduce application rates in certain situations.

LEGISLATIVE HISTORY:
2008: S.7843
2009: S.1113

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2887A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2887--A
 Cal. No. 342
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced by Sens. MARCELLINO, MAZIARZ -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Environmental
 Conservation  --  reported  favorably  from said committee, ordered to
 first and second report, ordered  to  a  third  reading,  amended  and
 ordered reprinted, retaining its place in the order of third reading
 AN  ACT  to amend the environmental conservation law, in relation to the
 use of pesticides by commercial applicators
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 33-0725 of the environmental conservation law, as
 added by chapter 648 of the laws of 1998, is amended to read as follows:

 

S 33-0725. Approved agricultural AND COMMERCIAL uses.
 A pesticide shall be used in accordance with its labeling. Unless  the
 labeling specifically prohibits such use, a pesticide registered for use
 in  New  York  state  may be used for agricultural purposes [only] OR BY
 COMMERCIAL APPLICATORS in a dosage, concentration or frequency less than
 that specified on the labeling.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03564-03-1

S2887A-2011: Permits commercial applicators of pesticides to apply pesticides in a dosage, concentration or frequency less than that specified on the labeling