Relates to exempting minimal risk pesticides from pesticide applicator certification requirements.
Ayes (8): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Stewart-Cousins
Ayes W/R (4): LaValle, Avella, Espaillat, Oppenheimer
Nays (2): Perkins, Serrano
TITLE OF BILL: An act to amend the environmental conservation law, in relation to exempting minimum risk pesticides from pesticide applicator certification requirements
PURPOSE: The purpose of this bill is to exempt "minimal risk pesticides" from the registration and certification requirements pursuant to section 33-0905 of the Environmental Conservation Law.
SUMMARY OF SPECIFIC PROVISIONS: This Bill amends the environmental conservation law to exempt from the registration and certification requirements contained in ECL 33-0905 any "minimal risk pesticides" as defined by the united States Environmental Protection Agency pursuant to section 25(b) of the federal insecticide, fungicide and rodenticide act (FIFRA), as amended.
JUSTIFICATION: The Environmental Conservation Law (ECL) requires all commercial applications of pesticides to be conducted by a certified applicator, regardless of whether the pesticides are safe for the environment. This imposes an unnecessary burden on producers and commercial applicators of environmentally safe products.
The United States Environmental Protection Agency (USEPA) defines certain pesticides as "minimal risk pesticides" because their ingredients, both active and inert, are demonstrably safe for the intended use. As such, they are exempt from USEPA registration under FIFRA Section 25(b). The Department has held a long-standing policy that pesticides exempt from registration by USEPA do not have to be registered in New York state. This legislation would further exempt minimal risk pesticides from the certification requirements provided in ECL 33-905. Doing so will promote the commercial use of environmentally safe products.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 120th day after becoming law, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 4522--A 2011-2012 Regular Sessions IN SENATE April 8, 2011 ___________Introduced by Sens. GRISANTI, DeFRANCISCO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environ- mental Conservation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to exempting minimum risk pesticides from pesticide applicator certif- ication requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 33-0101 of the environmental conservation law is amended by adding a new subdivision 50 to read as follows: 50. "MINIMUM RISK PESTICIDE" SHALL MEAN ANY PESTICIDE DEFINED AS A MINIMUM RISK PESTICIDE BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO SECTION 25(B) OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, PUBLIC LAW 92-516, AS AMENDED. S 2. Section 33-0701 of the environmental conservation law, as amended by chapter 612 of the laws of 1983, is amended to read as follows: S 33-0701. Scope of registration. Every pesticide which is used, distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, OTHER THAN A MINIMUM RISK PESTICIDE, shall be registered every two years with the office of the commissioner; provided that any pesticide imported into this state, which is registered under the provisions of any federal act providing for the registration of pesticides may, in the discretion of the commissioner, be exempted from registration under this article, when sold or distributed in the unbro- ken immediate container in which it was originally shipped.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10768-03-2 S. 4522--A 2
S 3. Subdivision 2 of section 33-0905 of the environmental conserva- tion law, as amended by chapter 612 of the laws of 1983, is amended to read as follows: 2. The provisions of this article relating to registration and certif- ication shall not apply to: a. residential application of pesticides as defined in this article; or b. private application of a general use pesticide as defined in this article; OR C. APPLICATION OF ANY MINIMUM RISK PESTICIDE, AS DEFINED IN THIS ARTI- CLE, BY ANY PERSON, UNLESS SUCH PERSON APPLIES MINIMUM RISK PESTICIDES AS PART OF A PESTICIDE BUSINESS. S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulations necessary for the imple- mentation of this act on its effective date is authorized to be made on or before such effective date.