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Assembly Bill A7706B

Signed By Governor

2011-2012 Legislative Session

Relates to exempting minimal risk pesticides from pesticide applicator certification requirements

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Archive: Last Bill Status Via S4522 - Signed by Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7706 - Details

See Senate Version of this Bill:
S4522
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §33-0905, En Con L

2011-A7706 - Summary

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

2011-A7706 - Bill Text download pdf 

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

                                  7706

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

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

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  exempting  minimal  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.  Subdivision  2  of  section  33-0905 of the environmental
conservation 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. ANY PESTICIDE DEFINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY  AS  A  "MINIMAL RISK PESTICIDE" PURSUANT TO SECTION 25(B) OF THE
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, PUBLIC  LAW  92-516,
AS AMENDED.
  S 2. 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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10768-01-1

co-Sponsors

multi-Sponsors

2011-A7706A - Details

See Senate Version of this Bill:
S4522
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §33-0905, En Con L

2011-A7706A - Summary

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

2011-A7706A - Bill Text download pdf 

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

                                 7706--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M. of A. MAGNARELLI, GUNTHER, BOYLAND -- Multi-Sponsored
  by -- M. of A.  COOK, MAGEE, MOYA, ROBINSON -- read once and  referred
  to  the  Committee on Environmental Conservation -- recommitted to the
  Committee on Environmental Conservation in  accordance  with  Assembly
  Rule  3,  sec.  2  --  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.
                                                           LBD10768-02-2

co-Sponsors

multi-Sponsors

2011-A7706B (ACTIVE) - Details

See Senate Version of this Bill:
S4522
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §33-0905, En Con L

2011-A7706B (ACTIVE) - Summary

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

2011-A7706B (ACTIVE) - Bill Text download pdf 

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

                                 7706--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M. of A. MAGNARELLI, GUNTHER, BOYLAND -- Multi-Sponsored
  by -- M. of A.  COOK, MAGEE, MOYA, ROBINSON -- read once and  referred
  to  the  Committee on Environmental Conservation -- recommitted to the
  Committee on Environmental Conservation in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to mini-
  mum risk pesticides

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

  Section  1.   Section 33-0905 of the environmental conservation law is
amended by adding a new subdivision 2-a to read as follows:
  2-A. THE COMMISSIONER MAY, PURSUANT  TO  PARAGRAPH  E  OF  SUBDIVISION
THREE  OF  SECTION 33-0303 OF THIS ARTICLE, ADOPT REGULATIONS ON THE USE
OF PESTICIDES INCLUDING THE APPROPRIATE METHOD AND SETTING FOR  THE  USE
OF  PESTICIDES  CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY AS AN EXEMPT MATERIAL UNDER 40  CFR  PART  152.25,  OFTEN  CALLED
MINIMUM  RISK  PESTICIDES, WHICH ARE EXEMPT FROM THE REQUIREMENTS OF THE
FEDERAL INSECTICIDE, FUNGICIDE AND  RODENTICIDE  ACT.  SUCH  REGULATIONS
SHALL  ENCOMPASS  ALL  FACTORS  NECESSARY TO PREVENT DAMAGE OR INJURY TO
HEALTH, PROPERTY AND WILDLIFE.
  S 2. 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10768-04-2

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