senate Bill S4522A

Signed by Governor Amended

Relates to exempting minimum risk pesticides from pesticide applicator certification requirements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 08 / Apr / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 03 / May / 2011
    • 1ST REPORT CAL.437
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 25 / May / 2012
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 25 / May / 2012
    • PRINT NUMBER 4522A
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1040
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • AMENDED (T) 4522B
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A7706B
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.447
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2012
    • SIGNED CHAP.305

Summary

Relates to exempting minimal risk pesticides from pesticide applicator certification requirements.

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Bill Details

Versions:
S4522
S4522A
S4522B
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง33-0101, 33-0701 & 33-0905, En Con L

Votes

8
2
8
Aye
2
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S4522A

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
exempting minimum risk pesticides from pesticide applicator certif-
ication 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 appli-
cations of pesticides to be conducted by a certified applicator, regard-
less 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 ingredi-
ents, 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 pesti-
cides 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4522--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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.

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