S T A T E O F N E W Y O R K
________________________________________________________________________
3872
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 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 the
use of certain highly toxic pesticides
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds and
declares that it is the policy of the state to prevent unnecessary
endangerment of human health and environmental quality. The use of
pesticides exposes people and our natural resources to many highly toxic
chemicals with known serious, deleterious effects on the health of
humans and the environment. The risks posed by the use of the most high-
ly toxic chemicals outweigh the limited benefits derived. Furthermore,
the use of highly toxic pesticides is unwarranted because more benign
alternatives exist, including less toxic or nontoxic chemicals as well
as the employment of alternative effective pest control methods that do
not rely on the use of chemical pesticides. Such alternative pest
control methods use physical, mechanical, cultural, biological and
educational tactics to control conditions that promote pest infestations
and that inhibit pest populations to tolerable levels of damage and
annoyance. In order to protect public health and the environment, it is
the intent of the legislature to prevent unwarranted exposure to the
most highly toxic pesticides by prohibiting their use.
S 2. Section 33-0101 of the environmental conservation law is amended
by adding three new subdivisions 50, 51 and 52 to read as follows:
50. "ANTI-MICROBIAL PESTICIDE" SHALL MEAN A PESTICIDE THAT:
A. IS INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR
DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS;
B. IS INTENDED TO PROTECT INANIMATE OBJECTS, INDUSTRIAL PROCESSES OR
SYSTEMS, SURFACES, WATER, OR OTHER CHEMICAL SUBSTANCES FROM CONTAM-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07347-01-1
A. 3872 2
INATION, FOULING OR DETERIORATION CAUSED BY BACTERIA, VIRUSES, FUNGI,
PROTOZOA, ALGAE OR SLIME; OR
C. IN THE INTENDED USE IS EXEMPT FROM, OR OTHERWISE NOT SUBJECT TO, A
TOLERANCE UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW;
D. "ANTI-MICROBIAL PESTICIDE" SHALL NOT INCLUDE:
(1) A WOOD PRESERVATIVE OR ANTI-FOULING PAINT PRODUCT FOR WHICH A
CLAIM OF PESTICIDAL ACTIVITY IS MADE;
(2) AN AGRICULTURAL FUNGICIDE PRODUCT; OR
(3) AN AQUATIC HERBICIDE PRODUCT.
51. "BIOPESTICIDE" SHALL MEAN PESTICIDES DERIVED FROM NATURAL MATERI-
ALS, SUCH AS ANIMALS, PLANTS, BACTERIA AND MINERALS; AND INCLUDE THE
FOLLOWING TYPES:
A. MICROBIAL PESTICIDES CONTAINING A MICROORGANISM (E.G., A BACTERIUM,
FUNGUS, VIRUS OR PROTOZOAN) AS THE ACTIVE INGREDIENT; OR
B. BIOCHEMICAL PESTICIDES DERIVED FROM NATURALLY OCCURRING SUBSTANCES
THAT CONTROL PESTS BY NONTOXIC MECHANISMS.
52. "LEAST-TOXIC PESTICIDES" SHALL MEAN:
A. BORIC ACID AND DISODIUM TETRAHYDRATE;
B. SILICA GELS;
C. DIATOMACEOUS EARTH;
D. NONVOLATILE INSECT AND RODENT BAITS IN TAMPER RESISTANT CONTAINERS;
OR
E. BOTANICAL PESTICIDES, EXCLUDING SYNTHETIC PYRETHROIDS WITHOUT TOXIC
SYNERGISTS.
S 3. Section 33-1301 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
12. A. FOR ANY PERSON TO USE THE FOLLOWING PESTICIDES, EXCEPT AS
PROVIDED FOR IN PARAGRAPH B OF THIS SUBDIVISION:
(1) ANY PESTICIDE THAT IS CLASSIFIED AS A KNOWN, PROBABLE, OR LIKELY
HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
(2) ANY PESTICIDE THAT IS CLASSIFIED AS CATEGORY I OR II ACCORDING TO
THE PRODUCT ACUTE TOXICITY CLASSIFICATION OF THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY FOR EITHER ORAL, DERMAL OR INHALATION TOXICITY;
(3) ANY PESTICIDE WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, IS A LIKELY ENDOCRINE DISRUPTER
(INCLUDING, BUT NOT LIMITED TO, ESTROGEN MIMICRY OR ANDROGEN INHIBI-
TION), IMMUNOTOXIN OR CHRONIC NEUROTOXIN, AS SUCH INFORMATION BECOMES
AVAILABLE;
(4) ANY PESTICIDE WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, IS LIKELY TO IMPAIR AND DISRUPT HUMAN
REPRODUCTION AND DEVELOPMENT;
(5) ANY PESTICIDE THAT HAS USE RESTRICTION IMPOSED BY EITHER THE
COMMISSIONER OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DUE TO
THE FOLLOWING ENVIRONMENTAL HAZARDS: GROUNDWATER CONTAMINATION, WILDLIFE
KILLS OR THREATS TO ENDANGERED SPECIES;
(6) ANY PESTICIDE FOR WHICH THERE IS A SPECIFIC, OUTSTANDING REQUEST
FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR HEALTH AND
ENVIRONMENTAL STUDIES FOR THE PURPOSE OF REGISTRATION OR REREGISTRATION;
(7) ANY PESTICIDE WHICH CONTAINS AN INERT INGREDIENT WHICH WAS SUBJECT
TO A PESTICIDE REGISTRATION CANCELLATION OR SUSPENSION BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY; AND
(8) ANY PESTICIDE CONTAINING THE ACTIVE INGREDIENT 4-AMINO PYRIDINE,
INCLUDING BUT NOT LIMITED TO AVITROL, EXCEPT WHEN USED IN THE PRODUCTION
OF AN AGRICULTURAL COMMODITY OR ON AGRICULTURAL LANDS.
B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
IT SHALL BE LAWFUL TO APPLY:
A. 3872 3
(1) PESTICIDES THAT MAY OTHERWISE LAWFULLY BE USED FOR THE PURPOSE OF
MAINTAINING A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT
PLANTS, WASTEWATER TREATMENT PLANTS, RESERVOIRS, AND RELATED COLLECTION,
DISTRIBUTION AND TREATMENT FACILITIES;
(2) ANTI-MICROBIAL PESTICIDES;
(3) BIOPESTICIDES;
(4) LEAST TOXIC PESTICIDES;
(5) PESTICIDES CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25; AND
(6) PESTICIDES USED TO RESPOND TO A PUBLIC HEALTH EMERGENCY OR IMMI-
NENT STRUCTURAL HAZARD.
S 4. Section 33-1503 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A PROGRAM TO RESTRICT
THE AVAILABILITY OF PESTICIDES PROHIBITED UNDER SUBDIVISION TWELVE OF
SECTION 33-1301 OF THIS ARTICLE THROUGH THE PESTICIDE REGISTRATION
PROGRAM UNDER TITLE SEVEN OF THIS ARTICLE, AND SHALL IMPLEMENT A PROGRAM
TO INFORM COMMERCIAL AND PRIVATE APPLICATORS, MANUFACTURERS, WHOLESALE
AND RETAIL SELLERS, AND THE PUBLIC OF THE PROHIBITIONS ON SUCH PESTI-
CIDES.
S 5. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect on the one hundred twentieth
day after it shall have become a law.