Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.
TITLE OF BILL: An act to amend the public health law and the environmental conservation law, in relation to prohibiting the use of pesticides at children's overnight or summer day camp
PURPOSE: To extend New York State's school anti-pesticide laws to children's overnight and summer day camps. This act will ensure that no children's overnight or summer day camp applies pesticide to any playground, turf, athletic or playing field.
SUMMARY OF PROVISIONS:
Section 1 amends the public health law by renumbering section 1396 as section 1397 and by adding a new section 1396. Section 1396 defines "pesticide" as set forth in subdivision thirty-five of section 33-0101 of the environmental conservation law and lists pesticide alternatives, which are not included in the definition of "pesticide." This section provides that no children's overnight camp or summer day shall apply pesticide to any playground, turf, athletic or playing fields, except that an emergency application of a pesticide has been determined. This section also provides that the commissioner shall have the power to except by rule from this article and the sanitary code any children's overnight camps or summer day camp for which it is not practicable to use pesticide alternatives.
Section 2 amends subdivision 7 of section 33-0303 of the environmental conservation law, to extend the existing provisions related to guidance on pesticide alternatives to summer camps.
Section 3 provides the effective date.
JUSTIFICATION: New York State has already enacted anti-pesticide laws for Dublin and non-public schools. As the American Academy of Pediatrics reported on November 26, 2012, "childhood exposure to pesticides is associated with pediatric cancers, decreased cognitive functions and behavioral problems." The National Academy of Sciences also reported that 3% of all neurobehavioral disorders in children are caused by toxic exposures in the environment and that another 25% are cause by interactions between the environmental factors and genetics.
Anti-pesticide legislation does not currently apply to children's overnight or summer day camps, where children play and spend time, exactly as they do in school. This bill with ensure that children can play in a safe and chemical-free environment, while taking into consideration emergency situations, in which the use of pesticide is determined as necessary by the competent authority for public safety reasons.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law,
STATE OF NEW YORK ________________________________________________________________________ 5288--A 2013-2014 Regular Sessions IN SENATE May 15, 2013 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the environmental conservation law, in relation to prohibiting the use of pesticides at children's overnight or summer day camp THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1396 of the public health law is renumbered section 1397 and a new section 1396 is added to read as follows: S 1396. PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS SECTION "PESTICIDE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE: (A) THE APPLICATION OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q (H) (2); (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING VENOMOUS SPIDERS, BEES, WASPS AND HORNETS; (C) THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST- ANT CONTAINER; (D) THE APPLICATION OF A PESTICIDE CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART 152.25; (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR (F) THE USE OF HORTICULTURAL SOAP AND OILS THAT DO NOT CONTAIN SYNTHETIC PESTICIDES OR SYNERGISTS.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08299-07-3 S. 5288--A 2
2. NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY PESTI- CIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS- SIONER OR HIS OR HER DESIGNEE OR THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE. 3. THE COMMISSIONER SHALL HAVE THE POWER TO EXCEPT BY RULE FROM THIS ARTICLE AND THE SANITARY CODE ANY CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP FOR WHICH IT IS NOT PRACTICABLE TO USE PESTICIDE ALTERNATIVES AS DEFINED IN SUBDIVISION ONE OF THIS SECTION. S 2. Subdivision 7 of section 33-0303 of the environmental conserva- tion law, as added by chapter 85 of the laws of 2010, is amended to read as follows: 7. The commissioner, in consultation with the commissioner of educa- tion and the commissioner of health, shall develop guidance on pesticide alternatives to facilitate compliance with section four hundred nine-k of the education law
[and], three hundred ninety-g of the social services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the department of health and the department of environmental conservation may promulgate any rule or regulation necessary for the timely implementation of this act on its effective date.