Senate Bill S6401A

                                BILL NUMBER:S6401A

TITLE OF BILL:
An act
to amend chapter 274 of the laws of 2010, amending the environmental
conservation law relating to repair of damaged pesticide containers, in
relation to the effectiveness thereof

PURPOSE:
To extend for two years the provision for repair of damaged
pesticide containers.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 extends the provision until March 2, 2014.

Section 2 is the effective date.

JUSTIFICATION:
The United States Environmental Protection Agency (U.S. EPA)
released its "Pesticide Container Repair Interim Policy" in
October 2009 to address the environmental concerns associated with
the unnecessary disposal of consumer pesticide products, such as lawn
fertilizer containing pesticides.

Specifically, according to the U.S. EPA, approximately five million
pounds of consumer pesticide products may become waste each year in
              

the United States due to damage to the containers before the
pesticides can be sold by retailers.

According to the U.S. EPA, allowing retailers to repair minor damage
to containers under proper conditions would allow the product to be
used as intended, rather than disposed of, which is consistent with
the U.S. Environmental Protection Agency's long-standing policies of
waste minimization and pollution prevention.

This bill would bring New York State into conformity with the
"Pesticide Container Repair Interim Policy" issued by the United
States Environmental Protection Agency. In so doing, this legislation
would allow merchants in the State of New York to implement a "minor
repair program" for damaged pesticide containers and lawn
fertilizers containing pesticides provided the company's plan is
approved first by the U.S. EPA.

In order for a "minor repair program" to be approved, the proposal
must demonstrate that the program maintains product integrity. The
repaired containers must have had no appreciable loss of contents or
change in the net contents as indicated on the label, and the
physical characteristics of the product must remain unchanged, with
no dampening or hardening as a result of contact with water or other
liquids. Further, the patch or repair itself must not adversely
affect product integrity.

The patch or repair to the container must be of a construction, and
applied, such that under normal conditions and use of the container
the patch or repair remains affixed. The patch or repair must be made
of a material with sufficient thickness, durability and strength to
prevent leakage during the lite of the container. The patch or repair
must not compromise the strength of the container in the area where
it is applied. Further, the proposal must demonstrate how the program
will ensure that the patch or repair is applied appropriately, such
as the development of guidance and conducting training for the people
who will be applying the patches or repairs.

This bill, if enacted, would decrease significantly the amount of
general use pesticides that are disposed of unnecessarily as
hazardous waste in the State of New York.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall be
deemed to have been in full force and effect on and after
March 1, 2012.