NY State Assembly Bill 2013-A4841D

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2014	referred to health delivered to senate passed assembly
Mar 19, 2014	amended on third reading 4841d
Jan 08, 2014	ordered to third reading cal.216 returned to assembly died in senate
Jun 17, 2013	referred to rules delivered to senate passed assembly
Jun 13, 2013	amended on third reading 4841c
Jun 11, 2013	ordered to third reading rules cal.192 rules report cal.192 reported
Jun 07, 2013	print number 4841b
Jun 07, 2013	amend (t) and recommit to rules
Jun 04, 2013	reported referred to rules
May 29, 2013	reported referred to codes
May 08, 2013	print number 4841a
May 08, 2013	amend and recommit to health
Feb 11, 2013	referred to health

Bill Amendments

Original

D (Active)

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2013-A4841 - Details

See Senate Version of this Bill:: S5288
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A129, S1420
2017-2018: A441, S1371
2019-2020: A1051, S1145
2021-2022: A528, S4478

2013-A4841 - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-A4841 - Bill Text download pdf

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

                                  4841

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF, CLARK, ENGLEBRIGHT, MILLMAN,
  QUART, ROBERTS, ZEBROWSKI, BOYLAND, COOK -- Multi-Sponsored by  --  M.
  of  A. GOTTFRIED, JACOBS, RIVERA, ROBINSON, SCARBOROUGH, WEISENBERG --
  read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  use of pesticides at children's overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;
  (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2.  NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY PESTI-
CIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS,  EXCEPT  THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-01-3

A. 4841                             2

AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,
SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
SIONER  OR  HIS  OR  HER  DESIGNEE  OR THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION OR HIS OR HER DESIGNEE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.   Effective immediately  the  department  of
education  and  the department of environmental conservation may promul-
gate any rule or regulation necessary for the timely  implementation  of
this act on its effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2013-A4841A - Details

See Senate Version of this Bill:: S5288
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A129, S1420
2017-2018: A441, S1371
2019-2020: A1051, S1145
2021-2022: A528, S4478

2013-A4841A - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-A4841A - Bill Text download pdf

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

                                 4841--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF, CLARK, ENGLEBRIGHT, MILLMAN,
  QUART, ROBERTS, ZEBROWSKI, BOYLAND, COOK, ABINANTI --  Multi-Sponsored
  by -- M. of A.  GOTTFRIED, JACOBS, LUPARDO, RIVERA, ROBINSON, SCARBOR-
  OUGH,  WEISENBERG -- read once and referred to the Committee on Health
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend the public health law, in relation to prohibiting the
  use of pesticides at children's overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S  1396.  PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF THIS SECTION
"PESTICIDE" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN  SUBDIVISION
THIRTY-FIVE  OF  SECTION  33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A) THE APPLICATION OF ANTI-MICROBIAL  PESTICIDES  AND  ANTI-MICROBIAL
PRODUCTS  AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS  FROM
AN  IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C) THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER  RESIST-
ANT CONTAINER;
  (D)  THE  APPLICATION  OF  A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-02-3

A. 4841--A                          2

  2. NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY  PESTI-
CIDE  TO  ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, EXCEPT THAT
AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,
SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
SIONER OR HIS OR HER  DESIGNEE  OR  THE  COMMISSIONER  OF  ENVIRONMENTAL
CONSERVATION OR HIS OR HER DESIGNEE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A4841B - Details

See Senate Version of this Bill:: S5288
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A129, S1420
2017-2018: A441, S1371
2019-2020: A1051, S1145
2021-2022: A528, S4478

2013-A4841B - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-A4841B - Bill Text download pdf

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

                                 4841--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF, CLARK, ENGLEBRIGHT, MILLMAN,
  QUART, ROBERTS,  ZEBROWSKI,  BOYLAND,  COOK,  ABINANTI,  ROSENTHAL  --
  Multi-Sponsored  by  --  M.  of  A. GOTTFRIED, JACOBS, LUPARDO, PERRY,
  RIVERA, ROBINSON, SCARBOROUGH, WEISENBERG -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the public health law and the environmental conservation
  law, in relation to prohibiting the use of  pesticides  at  children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-06-3

A. 4841--B                          2

  (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY  PESTI-
CIDE  TO  ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, EXCEPT THAT
AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,
SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL  DESIGNATE,  THE  COMMIS-
SIONER  OR  HIS  OR  HER  DESIGNEE  OR THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION OR HIS OR HER DESIGNEE.
  3. THE COMMISSIONER SHALL HAVE THE POWER TO EXCEPT BY RULE  FROM  THIS
ARTICLE  AND  THE  SANITARY CODE ANY CHILDREN'S OVERNIGHT CAMP OR SUMMER
DAY CAMP FOR WHICH IT IS NOT PRACTICABLE TO USE  PESTICIDE  ALTERNATIVES
AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7. The commissioner, in consultation with the commissioner  of  educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives  to  facilitate compliance with section four hundred nine-k
of the education  law  [and],  three  hundred  ninety-g  of  the  social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A4841C - Details

See Senate Version of this Bill:: S5288
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A129, S1420
2017-2018: A441, S1371
2019-2020: A1051, S1145
2021-2022: A528, S4478

2013-A4841C - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-A4841C - Bill Text download pdf

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

                                 4841--C
                                                           R. R. 192

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF, CLARK, ENGLEBRIGHT, MILLMAN,
  QUART, ROBERTS,  ZEBROWSKI,  BOYLAND,  COOK,  ABINANTI,  ROSENTHAL  --
  Multi-Sponsored  by  --  M.  of  A. GOTTFRIED, JACOBS, LUPARDO, PERRY,
  RIVERA, ROBINSON, SCARBOROUGH, WEISENBERG -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules
  -- amended on the special order of third reading, ordered reprinted as
  amended, retaining its place on the special order of third reading

AN ACT to amend the public health law and the environmental conservation
  law, in relation to prohibiting the use of  pesticides  at  children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;

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

                                                           LBD08299-10-3

A. 4841--C                          2

  (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY  PESTI-
CIDE  TO  ANY  PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, OTHER THAN
THOSE ON PUBLICLY-OWNED OR PUBLICLY-LEASED PROPERTY IN A  CITY  OF  MORE
THAN  ONE  MILLION,  EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTICIDE
MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUN-
TY NOT HAVING A HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLA-
TURE SHALL DESIGNATE, THE COMMISSIONER OR HIS OR  HER  DESIGNEE  OR  THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  3.  THE  COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION
ANY CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP TO THE EXTENT  THAT  IT
IS  NOT PRACTICABLE TO USE PESTICIDE ALTERNATIVES AS DEFINED IN SUBDIVI-
SION ONE OF THIS SECTION.
  S 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7.  The  commissioner, in consultation with the commissioner of educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives to facilitate compliance with section four  hundred  nine-k
of  the  education  law  [and],  three  hundred  ninety-g  of the social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.   Effective immediately  the  department  of
health  and  the department of environmental conservation may promulgate
any rule or regulation necessary for the timely implementation  of  this
act on its effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A4841D (ACTIVE) - Details

See Senate Version of this Bill:: S5288
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A129, S1420
2017-2018: A441, S1371
2019-2020: A1051, S1145
2021-2022: A528, S4478

2013-A4841D (ACTIVE) - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-A4841D (ACTIVE) - Bill Text download pdf

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

                                 4841--D
                                                        Cal. No. 216

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF, CLARK, ENGLEBRIGHT, MILLMAN,
  QUART,  ROBERTS,  ZEBROWSKI,  COOK,  ABINANTI,  ROSENTHAL,  COLTON  --
  Multi-Sponsored  by  --  M.   of A. GOTTFRIED, JACOBS, LUPARDO, PERRY,
  RIVERA, ROBINSON, SCARBOROUGH, WEISENBERG -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Codes -- reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules
  -- amended on the special order of third reading, ordered reprinted as
  amended, retaining its place on the special order of third reading  --
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the public health law and the environmental conservation
  law, in relation to prohibiting the use of  pesticides  at  children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;

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

                                                           LBD08299-12-4

A. 4841--D                          2

  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;
  (D)  THE  APPLICATION  OF  A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO CAMP DEFINED IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  THIRTEEN
HUNDRED  NINETY-TWO  OF  THIS ARTICLE SHALL APPLY PESTICIDE TO ANY PLAY-
GROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE  ON  PUBLIC-
LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
EXCEPT  THAT  AN  EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS
DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING  A
HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIG-
NATE,  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE OR THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
NINETY-TWO  OF  THIS ARTICLE TO THE EXTENT THAT IT IS NOT PRACTICABLE TO
USE PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION.
  S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7. The commissioner, in consultation with the commissioner  of  educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives  to  facilitate compliance with section four hundred nine-k
of the education  law  [and],  three  hundred  ninety-g  of  the  social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.

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Assembly Bill A4841D

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