senate Bill S6401A

Signed By Governor
2011-2012 Legislative Session

Amends chapter 274 of the laws of 2010, relating to repair of damaged pesticide containers, in relation to the effectiveness thereof

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Archive: Last Bill Status Via A9272 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 10, 2012 signed chap.24
Apr 02, 2012 delivered to governor
Mar 19, 2012 returned to assembly
passed senate
3rd reading cal.298
substituted for s6401a
Mar 19, 2012 substituted by a9272
Mar 12, 2012 advanced to third reading
Mar 07, 2012 2nd report cal.
Mar 06, 2012 1st report cal.298
Feb 17, 2012 print number 6401a
amend (t) and recommit to environmental conservation
Feb 03, 2012 referred to environmental conservation

Votes

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Mar 6, 2012 - Environmental Conservation committee Vote

S6401A
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Mar 6, 2012

aye wr (1)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S6401 - Bill Details

See Assembly Version of this Bill:
A9272
Law Section:
Environmental Conservation
Laws Affected:
Amd §2, Chap 274 of 2010

S6401 - Bill Texts

view summary

Relates to the repair of damaged pesticide containers, in relation to the effectiveness thereof.

view sponsor memo
BILL NUMBER:S6401

TITLE OF BILL:
An act to amend chapter 274 of the laws of 2010 relating to the repair
of damaged pesticide containers, in relation to extending the
expiration of such provisions

PURPOSE:
To extend for two years the provision allowing 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 life 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 he 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:
Immediately.

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

                                  6401

                            I N  S E N A T E

                            February 3, 2012
                               ___________

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 chapter 274 of the laws of 2010 relating to  the  repair
  of  damaged pesticide containers, in relation to extending the expira-
  tion of such provisions

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

  Section  1.  Section 2 of chapter 274 of the laws of 2010, relating to
the repair of damaged  pesticide  containers,  is  amended  to  read  as
follows:
  S  2. This act shall take effect immediately and shall expire March 1,
[2012] 2014 when upon such date the provisions  of  this  act  shall  be
deemed repealed.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14397-01-2

S6401A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9272
Law Section:
Environmental Conservation
Laws Affected:
Amd §2, Chap 274 of 2010

S6401A (ACTIVE) - Bill Texts

view summary

Relates to the repair of damaged pesticide containers, in relation to the effectiveness thereof.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6401--A

                            I N  S E N A T E

                            February 3, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend chapter 274 of the laws of 2010, amending the environ-
  mental conservation  law  relating  to  repair  of  damaged  pesticide
  containers, in relation to the effectiveness thereof

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

  Section 1. Section 2 of chapter 274 of the laws of 2010  amending  the
environmental  conservation  law relating to repair of damaged pesticide
containers, is amended to read as follows:
  S 2. This act shall take effect immediately and shall expire March  1,
[2012]  2014  when  upon  such  date the provisions of this act shall be
deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 1, 2012.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14397-02-2

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