Senate Bill S6757

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

                                  6757

                            I N  S E N A T E

                             March 19, 2012
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  regulation of pesticides; and to repeal certain provisions of such law
  relating thereto

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

  Section 1. Titles 5, 7, 9, 9-A, 10, 11, 12, 13 and 15 of article 33 of
the environmental conservation law are REPEALED.
  S 2. Section 33-0101 of the environmental conservation law is REPEALED
and a new section 33-0101 is added to read as follows:
S 33-0101. DEFINITIONS.
  1. "PESTICIDE" MEANS:
  A. ANY SUBSTANCE OR MIXTURE OR  SUBSTANCES  INTENDED  FOR  PREVENTING,
DESTROYING, REPELLING, OR MITIGATING ANY PEST; AND
  B.  ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
REGULATOR, DEFOLIANT OR DESICCANT.
  2. "DESICCANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
FOR ARTIFICIALLY ACCELERATING THE DRYING OF PLANT TISSUE.
  3.  "FUNGICIDE"  MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY FUNGI.
  4. "RODENTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
FOR PREVENTING, DESTROYING, REPELLING,  OR  MITIGATING  RODENTS  OR  ANY
OTHER  VERTEBRATE  ANIMALS  WHICH THE COMMISSIONER SHALL DECLARE TO BE A
PEST.
  5. "DEFOLIANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
FOR  CAUSING THE LEAVES OR FOLIAGE TO DROP FROM A PLANT, WITH OR WITHOUT
CAUSING ABSCISSION.
  6. "HERBICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY WEED.
  7. "INSECTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
FOR  PREVENTING,  DESTROYING, REPELLING, OR MITIGATING ANY INSECTS WHICH
MAY BE PRESENT IN ANY ENVIRONMENT WHATSOEVER,  EXCEPT  THOSE  ON  OR  IN
LIVING MAN.

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

                                                           LBD10030-02-1

S. 6757                             2

  S  3.  Section  33-0103  of  the  environmental  conservation  law  is
REPEALED.
  S  4.  Sections  33-0303,  33-0304  and  33-0305  of the environmental
conservation law are REPEALED and section 33-0301 is amended to read  as
follows:
S 33-0301. Declaration of policy and purposes.
  [The  purpose of this article is to regulate the registration, commer-
cial use, purchase and custom application  of  pesticides.]  Pesticides,
properly  used  for the control of insects, fungi, weeds, and nematodes,
and as defoliants, desiccants, and  plant  regulators  and  for  related
purposes,  are valuable, important and necessary to the welfare, health,
economic well-being and productive and industrial  capabilities  of  the
people  of  this state. However, such materials, if improperly used, may
injure health, property and wildlife. [It is hereby  declared  to  be  a
matter of legislative determination that the regulation of the registra-
tion,  commercial  use, purchase and custom application of pesticides is
needed in the public interest and that in the  exercise  of  the  police
power  all  persons  be  required  to  register or obtain permits before
engaging in such activities.]
  THE REGULATION  OF  PESTICIDES,  DEFOLIANTS,  DESICCANTS,  FUNGICIDES,
HERBICIDES, INSECTICIDES, AND RODENTICIDES IN THE STATE SHALL CONFORM TO
THE  LAWS, STANDARDS, AND REGULATIONS OF THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY  AND  THE  STATE  SHALL  BE  BOUND  BY  DECISIONS  AND
APPROVALS ISSUED THEREBY.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized and directed to be made and completed on or before such date.