Assembly Bill A4649

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

                                  4649

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SCHIMEL -- read once and referred to
  the Committee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  display and storage of pesticides offered for retail sale

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

  Section  1.  The environmental conservation law is amended by adding a
new section 33-0902 to read as follows:
S 33-0902. DISPLAY AND STORAGE OF PESTICIDES OFFERED FOR RETAIL SALE.
  1. REQUIREMENTS FOR DISPLAY AND  STORAGE  OF  GENERAL  USE  PESTICIDES
OFFERED  FOR SALE IN RETAIL FOOD SELLING ESTABLISHMENTS. A.  ALL GENERAL
USE PESTICIDE PRODUCTS WHICH ARE OFFERED FOR SALE  AND  SOLD  IN  RETAIL
FOOD SELLING ESTABLISHMENTS SHALL BE:
  (1)  DISPLAYED  IN  A  MANNER  THAT CLEARLY IDENTIFIES THE PRODUCTS AS
PESTICIDES;
  (2) ISOLATED FROM FOOD PRODUCTS IN  A  MANNER  THAT  PREVENTS  CONTAM-
INATION FROM PESTICIDE PRODUCT SPILLS, LEAKS OR AIR EMISSIONS; AND
  (3) STORED IN LOCKED AREAS WHICH:
  (I)  ARE STRUCTURALLY SEPARATED FROM OFFICE AND GENERAL WORK AREAS AND
POSTED WITH PESTICIDE STORAGE WARNING SIGNS;
  (II) HAVE ADEQUATE VAPOR VENTING CAPABILITY;
  (III) ARE CAPABLE OF CONTAINING SPILLS OF THE TOTAL VOLUME STORED;
  (IV) HAVE APPROPRIATE FIRE, SPILL AND FIRST AID CONTAINMENT EQUIPMENT;
  (V) HAVE EMERGENCY WATER SUPPLIES; AND
  (VI) SEGREGATED BY PESTICIDAL FUNCTION, FLAMMABILITY AND COMBUSTIBILI-
TY, IN MANUFACTURER'S ORIGINAL CONTAINER WITH CLEAR LABELING.
  B. RESTRICTED USE PESTICIDES SHALL NOT BE SOLD IN RETAIL FOOD  SELLING
ESTABLISHMENTS.
  C.  ALL  PERSONS  HAVING  ACCESS  TO  THE STORAGE AREA FOR GENERAL USE
PESTICIDES SHALL BE TRAINED IN APPROPRIATE SAFETY AND  EMERGENCY  PROCE-
DURES FOR THE PESTICIDES STORED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08768-01-3
              

A. 4649                             2

  D.  ALL  SELLERS  OF  PESTICIDES IN RETAIL FOOD SELLING ESTABLISHMENTS
SHALL ANNUALLY NOTIFY THE LOCAL FIRE DEPARTMENT OF THE TYPES, QUANTITIES
AND LOCATION OF PESTICIDES STORED, PROVIDE THE LOCAL  FIRE  DEPARTMENTS,
RESCUE SQUADS AND LOCAL HOSPITALS WITH THEIR EMERGENCY RESPONSE PLAN AND
MAINTAIN A CURRENT INVENTORY OF THE PESTICIDES IN STORAGE.
  E.  LOCAL  GOVERNMENTS  MAY REGULATE GENERAL USE PESTICIDE DISPLAY AND
STORAGE IN RETAIL FOOD SELLING ESTABLISHMENTS,  AS  AUTHORIZED  BY  THIS
SECTION, MORE RESTRICTIVELY THAN THE COMMISSIONER.
  2. REQUIREMENTS FOR DISPLAY AND STORAGE OF PESTICIDES OFFERED FOR SALE
IN NON-FOOD SELLING ESTABLISHMENTS. A. RETAIL ESTABLISHMENTS WHICH OFFER
FOR  SALE  AND SELL GENERAL USE PESTICIDE PRODUCTS BUT DO NOT SELL FOOD,
SHALL MEET  ALL  REQUIREMENTS  CONTAINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION,  EXCEPT  THAT RESTRICTED USE PESTICIDES MAY BE OFFERED FOR SALE
AND SOLD IF THE BUSINESS HAS A VALID COMMERCIAL  PERMIT  ISSUED  BY  THE
COMMISSIONER.
  B.  RETAIL  ESTABLISHMENTS OFFERING FOR SALE OR SELLING RESTRICTED USE
PESTICIDES SHALL MEET THE STORAGE REQUIREMENTS  IN  SUBDIVISION  ONE  OF
THIS SECTION, AND IN ADDITION, SHALL MEET THE FOLLOWING REQUIREMENTS:
  (1)  RESTRICTED  USE  PESTICIDES  ON  DISPLAY SHALL BE KEPT PHYSICALLY
SEPARATED FROM GENERAL USE PRODUCTS AND CLEARLY MARKED AS RESTRICTED USE
PESTICIDES; AND
  (2) AT  THE  DISCRETION  OF  THE  LOCAL  FIRE  OR  HEALTH  DEPARTMENT,
RESTRICTED  USE  PESTICIDES  MAY  BE  REQUIRED  TO  BE STORED SEPARATELY
ACCORDING TO THEIR COMBUSTIBILITY, FLAMMABILITY  OR  IGNITABILITY  IN  A
SEPARATE  BUILDING  OR  SEPARATED  FROM THE REMAINDER OF THE BUILDING BY
FIRE-RESISTANT WALLS AND  DOORS  OR  THEIR  EQUIVALENT,  IN  APPROPRIATE
CONTAINER PILE VOLUMES, AISLE SPACING AND DISTANCES FROM PROPERTY BOUND-
ARIES.
  C. LOCAL GOVERNMENTS MAY REGULATE GENERAL AND RESTRICTED USE PESTICIDE
DISPLAY  AND STORAGE IN RETAIL ESTABLISHMENTS WHICH DO NOT SELL FOOD, AS
AUTHORIZED BY THIS SECTION, MORE RESTRICTIVELY  THAN  THE  COMMISSIONER.
HOWEVER, THE COMMISSIONER SHALL RETAIN AUTHORITY TO REGULATE THE SALE OF
RESTRICTED  USE  PESTICIDES  BY  COMMERCIAL  PERMIT, PURSUANT TO SECTION
33-0901 OF THIS TITLE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.