senate Bill S6022

Relates to reporting requirements for commercial pesticide applicators

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Sponsor

Bill Status


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

  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Mar / 2012
    • 1ST REPORT CAL.296
  • 07 / Mar / 2012
    • 2ND REPORT CAL.
  • 12 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to reporting requirements for commercial pesticide applicators; requires application to contain the county and five digit zip code.

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Bill Details

Versions:
S6022
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง33-1205, En Con L

Votes

7
3
7
Aye
3
Nay
3
aye with reservations
0
absent
1
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S6022

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to reporting
requirements for commercial pesticide applicators

PURPOSE OR GENERAL IDEA OF BILL:
This legislation seeks to clarify the
information that is necessary for pesticide applicators to submit
under the pesticide notification law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill states that
commercial applicators must submit information such as EPA
registration number, product name, quantity of each pesticide used,
as well as the County and Zip Code where the product was applied.
This section does not require the date of application, and the full
street address to be provided.
Section 2 is the effective date.

JUSTIFICATION:
Currently applicators have to submit daily
reports of every pesticide applied to aid in cancer research. This
information is supposed to be contained in a report issued annually
by the Department, however this report does not contain the date or
street address of application. As a result of this information not
being contained in the report there is no reason for it to be
collected.
Money for this data collection is contained in the EPF and is not even
enough to cover the costs of collecting data and printing the report,
by excising ~ion-essential information we will be able to save costs
and make better use of the information that is pertinent.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Will save the State money.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6022

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by Sen. GRISANTI -- 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
  reporting requirements for commercial pesticide applicators

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 33-1205 of the environmental conservation  law,  as
added by chapter 279 of the laws of 1996, the closing paragraph of para-
graph  a of subdivision 2 as amended by chapter 260 of the laws of 1997,
is amended to read as follows:
S 33-1205. Recordkeeping and reporting.
  1. All commercial applicators shall maintain pesticide use records for
each pesticide application containing the following:
  a. EPA registration number;
  b. product name;
  c. quantity of each pesticide used;
  d. [date applied;
  e. location of application by address (including five-digit zip code)]
COUNTY AND FIVE-DIGIT ZIP CODE.
  Such records shall be maintained for a period of not less  than  three
years.  All  commercial  applicators  shall  file,  at least annually, a
report or reports containing such information  with  the  department  on
computer diskette or in printed form on or before February first for the
prior  calendar  year.  All  commercial  applicators shall also maintain
corresponding records of the dosage rates, methods  of  application  and
target  organisms for each pesticide application. These records shall be
maintained on an annual basis and retained for a period of not less than
three years and shall be available for inspection upon  request  by  the
department.
  2.  a. Every person who sells or offers for sale restricted use pesti-
cides to private applicators shall issue a record to the private  appli-
cator of each sale of a restricted use pesticide or a general use pesti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13245-01-1

S. 6022                             2

cide  used  in  agricultural  crop  production  to such applicator. Such
record of each sale shall include the following:
  1. EPA registration number;
  2. product name of the pesticide purchased;
  3. quantity of the pesticide purchased;
  4. [date purchased;
  5.  location]  COUNTY  AND FIVE-DIGIT ZIP CODE of intended application
[by address (including five-digit zip code) or if address is unavailable
by town or city (including five-digit  zip  code)  if  the  location  of
intended  application  differs  from the billing address that appears on
the record].
  Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report  or  reports
containing  such information with the department on computer diskette or
in printed form on or before February first for the prior calendar year.
The department shall not use the reports filed pursuant  to  this  para-
graph for enforcement purposes.
  b.  All  private  applicators shall maintain, at a minimum, records of
the restricted pesticides purchased, crop treated  by  such,  method  of
application,  and  date of application or applications. This information
shall be maintained on an annual basis and retained  for  a  minimum  of
three  years,  and shall be available for inspection upon request by the
department.
  c. A private  applicator  shall,  upon  request,  within  six  months,
provide  site-specific information relating to pesticide applications to
any researcher entitled to receive information pursuant to paragraph (d)
of subdivision one of section twenty-four hundred eleven of  the  public
health  law, provided, however, such request shall not be granted during
planting and harvesting unless at a time and in a manner that is mutual-
ly convenient.
  S 2. This act shall take effect immediately.

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