S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9817
 
                           I N  A S S E M B L Y
 
                             February 12, 2018
                                ___________
 
 Introduced  by M. of A. BLANKENBUSH, CROUCH, HAWLEY, OAKS -- Multi-Spon-
   sored by -- M.  of A. BARCLAY, McDONOUGH, B. MILLER, MORINELLO -- read
   once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   regulation of pesticides; and to repeal certain provisions of such law
   relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Titles 5, 7, 9, 9-A, 10, 11, 12, 13 and 15 of article 33 of
 the environmental conservation law are REPEALED.
   § 2. Section 33-0101 of the environmental conservation law is REPEALED
 and a new section 33-0101 is added to read as follows:
 § 33-0101. DEFINITIONS.
   1. "PESTICIDE" MEANS:
   A. ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED  FOR  PREVENTING,
 DESTROYING, REPELLING, OR MITIGATING ANY PEST; AND
   B.  ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
 REGULATOR, DEFOLIANT OR DESICCANT.
   2. "DESICCANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
 FOR ARTIFICIALLY ACCELERATING THE DRYING OF PLANT TISSUE.
   3.  "FUNGICIDE"  MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
 FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY FUNGI.
   4. "RODENTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
 FOR PREVENTING, DESTROYING, REPELLING,  OR  MITIGATING  RODENTS  OR  ANY
 OTHER  VERTEBRATE  ANIMALS  WHICH THE COMMISSIONER SHALL DECLARE TO BE A
 PEST.
   5. "DEFOLIANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
 FOR  CAUSING THE LEAVES OR FOLIAGE TO DROP FROM A PLANT, WITH OR WITHOUT
 CAUSING ABSCISSION.
   6. "HERBICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
 FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY WEED.
   7. "INSECTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
 FOR  PREVENTING,  DESTROYING, REPELLING, OR MITIGATING ANY INSECTS WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00360-02-7

 A. 9817                             2
 
 MAY BE PRESENT IN ANY ENVIRONMENT WHATSOEVER,  EXCEPT  THOSE  ON  OR  IN
 LIVING MAN.
   §  3.  Section  33-0103  of  the  environmental  conservation  law  is
 REPEALED.
   § 4. Sections  33-0303,  33-0304  and  33-0305  of  the  environmental
 conservation  law are REPEALED and section 33-0301 is amended to read as
 follows:
 § 33-0301. Declaration of policy and purposes.
   [The purpose of this article is to regulate the registration,  commer-
 cial  use,  purchase  and custom application of pesticides.] Pesticides,
 properly used for the control of insects, fungi, weeds,  and  nematodes,
 and  as  defoliants,  desiccants,  and  plant regulators and for related
 purposes, are valuable, important and necessary to the welfare,  health,
 economic  well-being  and  productive and industrial capabilities of the
 people of this state. However, such materials, if improperly  used,  may
 injure  health,  property  and  wildlife. [It is hereby declared to be a
 matter of legislative determination that the regulation of the registra-
 tion, commercial use, purchase and custom application of  pesticides  is
 needed  in  the  public  interest and that in the exercise of the police
 power all persons be required  to  register  or  obtain  permits  before
 engaging in such activities.]
   THE  REGULATION  OF  PESTICIDES,  DEFOLIANTS,  DESICCANTS, FUNGICIDES,
 HERBICIDES, INSECTICIDES, AND RODENTICIDES IN THE STATE SHALL CONFORM TO
 THE LAWS, STANDARDS, AND REGULATIONS OF THE UNITED STATES  ENVIRONMENTAL
 PROTECTION  AGENCY  AND  THE  STATE  SHALL  BE  BOUND  BY  DECISIONS AND
 APPROVALS ISSUED THEREBY.
   § 5. 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 regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.