Relates to repair of damaged pesticide containers; expands exceptions from transportation ban.
Ayes (14): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Perkins, Stewart-Cousins, Foley, Marcellino, Leibell, Johnson O, Little, Young, Padavan
TITLE OF BILL: An act to amend the environmental conservation law, in relation to repair of damaged pesticide containers; and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to reduce the amount of products such as fertilizer that contain pesticides that may become waste by allowing retailers and distributors to make minor repairs in accordance with US EPA policy.
SUMMARY OF SPECIFIC PROVISIONS: Section one make technical changes to the structure of paragraph b of subdivision 1 of section 33-1301 of the Environmental Conservation Law.
The section also provides that pesticide containers that have incurred minor and accidental damage prior to sale may be repaired, in accordance with US EPA policy, and legally sold.
Section two contains 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 expire on March 1, 2012 when upon such date the provisions of this act shall be deemed repealed.
STATE OF NEW YORK ________________________________________________________________________ 8128 IN SENATE June 10, 2010 ___________Introduced by Sen. THOMPSON -- 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 repair of damaged pesticide containers; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph b of subdivision 1 of section 33-1301 of the environmental conservation law, as amended by chapter 318 of the laws of 1992, is amended to read as follows: b. Except as specified in regulation authorizing alternative pesticide containers, any pesticide unless it: (1) is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing
[: (1) The](I) THE name and address of the manufacturer, registrant, or person for whom manufactured; [(2) The](II) THE name, brand, or trade-mark under which said article is sold; and [(3) The](III) THE net weight or measure of the content; subject, however, to such reasonable variations as the commissioner may permit;OR (2) MEETS THE REQUIREMENTS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH EXCEPT THAT THE CONTAINER HAS BEEN ACCIDENTLY DAMAGED DURING HANDLING PRIOR TO SALE AND THE DAMAGE HAS BEEN REPAIRED BY SUCH PERSON IN ACCORD- ANCE WITH HIS OR HER OWN SPECIFIC "MINOR REPAIR PROGRAM" APPROVED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO ITS OCTOBER NINTH, TWO THOUSAND NINE PESTICIDE CONTAINER REPAIR INTERIM POLICY. A COPY OF THE APPROVED PROGRAM SHALL BE FORWARDED TO THE DEPARTMENT WITHIN THIRTY DAYS OF APPROVAL AND SHALL BE KEPT AT THE PERSON'S PLACE OF BUSI- NESS AND BE AVAILABLE FOR DEPARTMENT REVIEW UPON REQUEST.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17290-03-0 S. 8128 2
S 2. This act shall take effect immediately and shall expire March 1, 2012 when upon such date the provisions of this act shall be deemed repealed.