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

                                  1667

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, ESPAILLAT, EDDINGTON, SCHIMEL --
  Multi-Sponsored by -- M.  of A. BRENNAN, CLARK, COLTON,  COOK,  DINOW-
  ITZ, HOOPER, MAYERSOHN, ORTIZ, PERRY, PHEFFER, WEISENBERG -- read once
  and referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  registration of pesticide products

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

  Section  1.    Subdivisions 4 and 5 of section 33-0703 of the environ-
mental conservation law, subdivision 4 as amended and subdivision  5  as
added  by  chapter  732  of  the laws of 2005, are amended and three new
subdivisions 6, 7 and 8 are added to read as follows:
  4. [If requested by the commissioner a]  A  full  description  of  the
tests  made and their results upon which the claims are based, INCLUDING
EFFICACY DATA TO SUPPORT EACH USE SPECIFIED ON THE  LABELING.    In  the
case  of  registration  of a pesticide which has been registered for the
previous year, a statement shall be required only with respect to infor-
mation which is different from that furnished  when  the  pesticide  was
last registered; [and]
  5.  For  restricted use pesticides, if requested by the commissioner a
Spanish or other language translation of the label including  directions
for use[.];
  6.  COMPLETE  COPIES  OF  ALL  STUDIES  PERFORMED ON THE PESTICIDE FOR
PURPOSES OF FEDERAL REGISTRATION, AS WELL AS  ADDITIONAL  STUDIES  WHICH
MAY BE REQUIRED FOR STATE REGISTRATION;
  7.  COPIES OF ALL REVIEW DOCUMENTS AND OTHER DOCUMENTS PREPARED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RELATING TO THE  REGISTRA-
TION OF EACH PESTICIDE; AND
  8.  THE COMPLETE LABORATORY ANALYTICAL METHOD OR METHODS FOR IDENTIFY-
ING THE ACTIVE INGREDIENT  OR  INGREDIENTS  IN  EACH  PESTICIDE  PRODUCT

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

                                                           LBD04761-01-9

A. 1667                             2

PROPOSED  FOR  REGISTRATION,  WHICH  SHALL BE VERIFIED BY THE DEPARTMENT
PRIOR TO REGISTRATION OF THE PESTICIDE PRODUCT.
  S  2.  Subdivision 6 of section 33-0704 of the environmental conserva-
tion law, as added by chapter 67 of the laws of 1992, is amended to read
as follows:
  6.   ALL STATE AGENCY  STAFF  EVALUATIONS  OF  PESTICIDE  REGISTRATION
APPLICATIONS  SHALL  BE PREPARED IN WRITING AND SUBMITTED TO THE DEPART-
MENT. THESE DOCUMENTS SHALL BE AVAILABLE FOR PUBLIC REVIEW UPON REQUEST.
At any time during the review of an application to register a  pesticide
the  commissioner may request reasonable additional information from the
applicant with regard to any matter contained in  the  application  when
such  additional information is necessary for the commissioner to make a
decision on the registration application.  Such request shall not extend
any time period within which a registration decision must be made.
  S 3. Section 33-0707 of the environmental conservation law is  amended
to read as follows:
S 33-0707.  Disclosure of pesticide formulas.
  The  commissioner[,  whenever  he  deems  it necessary in the adminis-
tration of subdivisions 1 through 5 inclusive  of  section  33-0303  and
titles  5,  7,  11,  13  and  15 of this article, may] SHALL require the
submission of the complete formula of any  pesticide.    Notwithstanding
the  provisions  of  this  article,  information relative to formulas of
products acquired by authority of this section  may  be  revealed,  when
necessary under this section, to an advisory committee, or to any feder-
al or state department or agency [consulted], OR TO ANY RESEARCH FACILI-
TY WHICH REQUESTS THIS INFORMATION, OR TO ANY PHYSICIAN OR HEALTH FACIL-
ITY  REQUESTING THIS INFORMATION, or at a public hearing, or in findings
of fact issued by the commissioner.
  S 4. Section 33-0709 of the environmental conservation law is  amended
to read as follows:
S 33-0709.  Requirements for registration.
  If [it appears to] the commissioner FINDS that:
  1. the composition of the pesticide is such as to warrant the proposed
claims for it, [and if]
  2.  the  pesticide  and its labeling and other material required to be
submitted comply with the requirements of this article, [he]
  3. THE PESTICIDE, INCLUDING ITS INERT INGREDIENTS, HAS NOT BEEN  CLAS-
SIFIED  BY  THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A KNOWN
HUMAN CARCINOGEN, OR A PROBABLE OR LIKELY CARCINOGEN, OR BY THE INTERNA-
TIONAL AGENCY FOR RESEARCH ON CANCER OF THE WORLD HEALTH ORGANIZATION AS
CARCINOGENIC TO HUMANS, PROBABLY  CARCINOGENIC  TO  HUMANS  OR  POSSIBLY
CARCINOGENIC TO HUMANS, AND
  4. THE PESTICIDE HAS NOT BEEN TESTED ON HUMANS IN THE UNITED STATES OR
ANY  OTHER  COUNTRY  IN  THE  WORLD, THE COMMISSIONER shall register the
pesticide.
  S 5. The environmental conservation law is amended  by  adding  a  new
section 33-0710 to read as follows:
S 33-0710. PRIORITIZATION OF REVIEWS OF CURRENTLY REGISTERED PESTICIDES.
  EVERY  PESTICIDE  REGISTERED  BY THE DEPARTMENT PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION, WHICH HAS NOT BEEN SUBJECT TO THE REQUIREMENTS  OF
SECTION 33-0709 OF THIS TITLE SHALL BE REVIEWED BY THE DEPARTMENT. THESE
PESTICIDES  SHALL  BE  PRIORITIZED  FOR REVIEW, BASED ON THEIR TOXICITY,
THEIR POTENTIAL FOR HUMAN EXPOSURE AND THEIR  POTENTIAL  TO  DAMAGE  THE
ENVIRONMENT  AND  NATURAL  RESOURCES.  THE  DEPARTMENT SHALL ESTABLISH A
SCHEDULE TO CONDUCT REVIEWS OF THESE PESTICIDES, SHALL ESTABLISH A SCHE-

A. 1667                             3

DULE TO REQUIRE FULL DATA CURRENTLY REQUIRED  FOR  FEDERAL  REGISTRATION
AND TO MAKE REGISTRATION DECISIONS ON THESE PRODUCTS.
  S  6. Section 33-0711 of the environmental conservation law is amended
to read as follows:
S 33-0711. Procedure when registration is denied.
  1. If the commissioner  shall  decide  that  the  pesticide  does  not
warrant  the proposed claims for it or if the pesticide and its labeling
and other material required to be  submitted  do  not  comply  with  the
provisions  of this article, he shall notify the applicant for registra-
tion of the manner in which the pesticide, labeling, or  other  material
required  to  be  submitted  fail  to  comply with this article so as to
afford the registrant an opportunity to make the necessary  corrections.
If, upon receipt of such notice, the applicant for registration does not
make  the  corrections,  the  commissioner  shall refuse to register the
article, and shall notify the applicant of his action  and  the  reasons
for  his  refusal.  Whenever an application for registration is refused,
the applicant, within thirty  days  after  service  of  notice  of  such
refusal,  may  file a petition requesting that the matter be referred to
an advisory committee or file objections and request a public hearing in
accordance with section 33-0717 OF THIS TITLE.
  2. THE COMMISSIONER SHALL NOT REGISTER ANY PESTICIDE  WHICH  HAS  BEEN
CONDITIONALLY  REGISTERED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY.  THE REGISTRANT OF ANY PESTICIDE REGISTERED PRIOR TO THE  EFFEC-
TIVE DATE OF THIS SUBDIVISION SHALL HAVE A PERIOD OF FIVE YEARS FROM THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION TO SUBMIT ALL OUTSTANDING FEDERAL
DATA REQUIREMENTS AND  STUDIES,  AND  ALL  UNITED  STATES  ENVIRONMENTAL
PROTECTION  AGENCY REVIEW DOCUMENTS OR OTHER DOCUMENTS RELATING TO THESE
DATA REQUIREMENTS AND STUDIES, TO THE DEPARTMENT. FAILURE TO SUBMIT  THE
REQUIRED  DATA  AND DOCUMENTS SHALL RESULT IN CANCELLATION OF THE PESTI-
CIDE BY THE DEPARTMENT. SECTION 33-0715 OF THIS TITLE SHALL NOT APPLY TO
THIS SUBDIVISION.
  3. THE COMMISSIONER SHALL NOT REGISTER ANY PESTICIDE WHICH CONTAINS AN
INERT INGREDIENT WHICH WAS SUBJECT TO A PESTICIDE REGISTRATION CANCELLA-
TION OR SUSPENSION BY THE UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY
OR THIS STATE.
  S  7. Section 33-0713 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  IF A PESTICIDE, INCLUDING ITS INERT INGREDIENTS, IS A KNOWN OR
PROBABLE HUMAN CARCINOGEN WHICH HAS BEEN PREVIOUSLY  REGISTERED  BY  THE
DEPARTMENT,  THE COMMISSIONER SHALL NOTIFY THE REGISTRANT OF THE CANCEL-
LATION, WHICH SHALL TAKE EFFECT THIRTY DAYS AFTER SERVICE OF THE NOTICE.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law, provided however that the amendments to subdivision 6
of section 33-0704 of the environmental conservation law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.