senate Bill S1603

Relates to reporting requirements for commercial pesticide applicators

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

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:
S1603
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง33-1205, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S6022

Sponsor Memo

BILL NUMBER:S1603

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:

S.6022 of 2011-2012; Committed to Rules

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
________________________________________________________________________

                                  1603

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04646-01-3

S. 1603                             2

  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-
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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