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

                                 4522--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  DeFRANCISCO, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  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.
                                                           LBD10768-03-2
              

S. 4522--A                          2

  S  3. Subdivision 2 of section 33-0905 of the environmental  conserva-
tion  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. APPLICATION OF ANY MINIMUM RISK PESTICIDE, AS DEFINED IN THIS ARTI-
CLE,  BY  ANY PERSON, UNLESS SUCH PERSON APPLIES MINIMUM RISK PESTICIDES
AS PART OF A PESTICIDE BUSINESS.
  S 4. 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.

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

                                 4522--B
    Cal. No. 1040

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  DeFRANCISCO, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the order of third reading

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.
                                                           LBD10768-05-2