Assembly Bill A3754

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

                                  3754

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  pesticide applications in food-selling establishments

  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.  "INTEGRATED  PEST  MANAGEMENT"  MEANS  AN ECONOMICAL AND ENVIRON-
MENTALLY SENSITIVE APPROACH TO PEST MANAGEMENT WHICH RELIES ON A  COMBI-
NATION  OF  BIOLOGICAL,  CHEMICAL,  CULTURAL AND MECHANICAL PRACTICES TO
MANAGE PEST POPULATIONS BY THE MOST EFFECTIVE MEANS TO PREVENT UNACCEPT-
ABLE LEVELS OF PEST ACTIVITIES AND DAMAGE,  WITH  THE  LEAST  HAZARD  TO
PEOPLE,  PROPERTY  AND THE ENVIRONMENT. CHEMICAL CONTROL MEASURES ARE TO
BE THE PRACTICE OF LAST RESORT.
  S 2. Article 33 of the environmental conservation law  is  amended  by
adding a new title 14 to read as follows:
                                 TITLE 14
          PESTICIDE APPLICATIONS IN FOOD-SELLING ESTABLISHMENTS
SECTION 33-1401. REQUIREMENTS.
        33-1403. NOTICE.
S 33-1401. REQUIREMENTS.
  THE  FOLLOWING  REQUIREMENTS  APPLY  TO  ALL  PEST  CONTROL ACTIVITIES
CONDUCTED WITHIN FOOD-SELLING ESTABLISHMENTS:
  1. ALL PEST CONTROL ACTIVITIES CONDUCTED  IN  FOOD-SELLING  ESTABLISH-
MENTS  SHALL  UTILIZE  INTEGRATED  PEST  MANAGEMENT  PROGRAMS TO CONTROL
PESTS;
  2. BROADCAST SPRAYS OF PESTICIDES ARE PROHIBITED IN  ALL  FOOD-SELLING
ESTABLISHMENTS;
  3. PESTICIDES SHALL NOT BE APPLIED IN THE FRESH PRODUCE SECTION OF THE
ESTABLISHMENT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07447-01-1
              

A. 3754                             2

  4.  ONLY  CERTIFIED APPLICATORS SHALL APPLY PESTICIDES IN FOOD-SELLING
ESTABLISHMENTS.
S 33-1403. NOTICE.
  1.  NOTICE  OF  ALL PESTICIDE APPLICATIONS SHALL BE POSTED AT CUSTOMER
ENTRANCES PRIOR TO EACH PESTICIDE APPLICATION IN FOOD-SELLING ESTABLISH-
MENTS, CONTAINING THE FOLLOWING INFORMATION:
  A. THE STATEMENT "PESTICIDES HAVE BEEN USED TO CONTROL INDOOR PESTS IN
THIS FACILITY";
  B. THE NAME OF PESTICIDE BUSINESS AND CERTIFIED APPLICATOR MAKING  THE
APPLICATION;
  C. THE PESTICIDE PRODUCT NAME, REGISTRATION NUMBER AND ACTIVE INGREDI-
ENT;
  D. THE DATE OF THE PESTICIDE APPLICATION; AND
  E.  A  CONTACT  PERSON FROM WHOM MORE INFORMATION, INCLUDING A COPY OF
THE PESTICIDE PRODUCT LABEL, CAN BE REQUESTED.
  2. ANY PERSON REQUESTING A COPY OF THE PESTICIDE PRODUCT  LABEL  SHALL
RECEIVE  SUCH  LABEL  WITHIN  TEN  DAYS OF THE REQUEST. IN THE CASE OF A
HEALTH EMERGENCY, THE LABEL SHALL BE PROVIDED IMMEDIATELY UPON REQUEST.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.