Relates to the repair of damaged pesticide containers, in relation to the effectiveness thereof.
Ayes (12): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle
Excused (1): Oppenheimer
TITLE OF BILL: An act to amend chapter 274 of the laws of 2010, amending the environmental conservation law relating to repair of damaged pesticide containers, in relation to the effectiveness thereof
PURPOSE: To extend for two years the provision for repair of damaged pesticide containers.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 extends the provision until March 2, 2014.
Section 2 is the effective date.
JUSTIFICATION: The United States Environmental Protection Agency (U.S. EPA) released its "Pesticide Container Repair Interim Policy" in October 2009 to address the environmental concerns associated with the unnecessary disposal of consumer pesticide products, such as lawn fertilizer containing pesticides.
Specifically, according to the U.S. EPA, approximately five million pounds of consumer pesticide products may become waste each year in the United States due to damage to the containers before the pesticides can be sold by retailers.
According to the U.S. EPA, allowing retailers to repair minor damage to containers under proper conditions would allow the product to be used as intended, rather than disposed of, which is consistent with the U.S. Environmental Protection Agency's long-standing policies of waste minimization and pollution prevention.
This bill would bring New York State into conformity with the "Pesticide Container Repair Interim Policy" issued by the United States Environmental Protection Agency. In so doing, this legislation would allow merchants in the State of New York to implement a "minor repair program" for damaged pesticide containers and lawn fertilizers containing pesticides provided the company's plan is approved first by the U.S. EPA.
In order for a "minor repair program" to be approved, the proposal must demonstrate that the program maintains product integrity. The repaired containers must have had no appreciable loss of contents or change in the net contents as indicated on the label, and the physical characteristics of the product must remain unchanged, with no dampening or hardening as a result of contact with water or other liquids. Further, the patch or repair itself must not adversely affect product integrity.
The patch or repair to the container must be of a construction, and applied, such that under normal conditions and use of the container the patch or repair remains affixed. The patch or repair must be made of a material with sufficient thickness, durability and strength to prevent leakage during the lite of the container. The patch or repair must not compromise the strength of the container in the area where it is applied. Further, the proposal must demonstrate how the program will ensure that the patch or repair is applied appropriately, such as the development of guidance and conducting training for the people who will be applying the patches or repairs.
This bill, if enacted, would decrease significantly the amount of general use pesticides that are disposed of unnecessarily as hazardous waste in the State of New York.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 6401--A IN SENATE February 3, 2012 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 274 of the laws of 2010, amending the environ- mental conservation law relating to repair of damaged pesticide containers, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 274 of the laws of 2010 amending the environmental conservation law relating to repair of damaged pesticide containers, is amended to read as follows: S 2. This act shall take effect immediately and shall expire March 1,
2014 when upon such date the provisions of this act shall be deemed repealed. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 1, 2012.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14397-02-2