S T A T E O F N E W Y O R K
________________________________________________________________________
5426
2015-2016 Regular Sessions
I N A S S E M B L Y
February 23, 2015
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Introduced by M. of A. ENGLEBRIGHT, SCHIMEL -- Multi-Sponsored by -- M.
of A. BRENNAN, CLARK, COLTON, COOK, DINOWITZ, HOOPER, ORTIZ, PERRY --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
registration of pesticide products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4 and 5 of section 33-0703 of the environ-
mental conservation law, subdivision 4 as amended and subdivision 5 as
added by chapter 732 of the laws of 2005, are amended and three new
subdivisions 6, 7 and 8 are added to read as follows:
4. [If requested by the commissioner a] A full description of the
tests made and their results upon which the claims are based, INCLUDING
EFFICACY DATA TO SUPPORT EACH USE SPECIFIED ON THE LABELING. In the
case of registration of a pesticide which has been registered for the
previous year, a statement shall be required only with respect to infor-
mation which is different from that furnished when the pesticide was
last registered; [and]
5. For restricted use pesticides, if requested by the commissioner a
Spanish or other language translation of the label including directions
for use[.];
6. COMPLETE COPIES OF ALL STUDIES PERFORMED ON THE PESTICIDE FOR
PURPOSES OF FEDERAL REGISTRATION, AS WELL AS ADDITIONAL STUDIES WHICH
MAY BE REQUIRED FOR STATE REGISTRATION;
7. COPIES OF ALL REVIEW DOCUMENTS AND OTHER DOCUMENTS PREPARED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RELATING TO THE REGISTRA-
TION OF EACH PESTICIDE; AND
8. THE COMPLETE LABORATORY ANALYTICAL METHOD OR METHODS FOR IDENTIFY-
ING THE ACTIVE INGREDIENT OR INGREDIENTS IN EACH PESTICIDE PRODUCT
PROPOSED FOR REGISTRATION, WHICH SHALL BE VERIFIED BY THE DEPARTMENT
PRIOR TO REGISTRATION OF THE PESTICIDE PRODUCT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09020-01-5
A. 5426 2
S 2. Subdivision 6 of section 33-0704 of the environmental conserva-
tion law, as added by chapter 67 of the laws of 1992, is amended to read
as follows:
6. ALL STATE AGENCY STAFF EVALUATIONS OF PESTICIDE REGISTRATION
APPLICATIONS SHALL BE PREPARED IN WRITING AND SUBMITTED TO THE DEPART-
MENT. THESE DOCUMENTS SHALL BE AVAILABLE FOR PUBLIC REVIEW UPON REQUEST.
At any time during the review of an application to register a pesticide
the commissioner may request reasonable additional information from the
applicant with regard to any matter contained in the application when
such additional information is necessary for the commissioner to make a
decision on the registration application. Such request shall not extend
any time period within which a registration decision must be made.
S 3. Section 33-0707 of the environmental conservation law is amended
to read as follows:
S 33-0707. Disclosure of pesticide formulas.
The commissioner[, whenever he deems it necessary in the adminis-
tration of subdivisions 1 through 5 inclusive of section 33-0303 and
titles 5, 7, 11, 13 and 15 of this article, may] SHALL require the
submission of the complete formula of any pesticide. Notwithstanding
the provisions of this article, information relative to formulas of
products acquired by authority of this section may be revealed, when
necessary under this section, to an advisory committee, or to any feder-
al or state department or agency [consulted], OR TO ANY RESEARCH FACILI-
TY WHICH REQUESTS THIS INFORMATION, OR TO ANY PHYSICIAN OR HEALTH FACIL-
ITY REQUESTING THIS INFORMATION, or at a public hearing, or in findings
of fact issued by the commissioner.
S 4. Section 33-0709 of the environmental conservation law is amended
to read as follows:
S 33-0709. Requirements for registration.
If [it appears to] the commissioner FINDS that:
1. the composition of the pesticide is such as to warrant the proposed
claims for it, [and if]
2. the pesticide and its labeling and other material required to be
submitted comply with the requirements of this article, [he]
3. THE PESTICIDE, INCLUDING ITS INERT INGREDIENTS, HAS NOT BEEN CLAS-
SIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS A KNOWN
HUMAN CARCINOGEN, OR A PROBABLE OR LIKELY CARCINOGEN, OR BY THE INTERNA-
TIONAL AGENCY FOR RESEARCH ON CANCER OF THE WORLD HEALTH ORGANIZATION AS
CARCINOGENIC TO HUMANS, PROBABLY CARCINOGENIC TO HUMANS OR POSSIBLY
CARCINOGENIC TO HUMANS, AND
4. THE PESTICIDE HAS NOT BEEN TESTED ON HUMANS IN THE UNITED STATES OR
ANY OTHER COUNTRY IN THE WORLD, THE COMMISSIONER shall register the
pesticide.
S 5. The environmental conservation law is amended by adding a new
section 33-0710 to read as follows:
S 33-0710. PRIORITIZATION OF REVIEWS OF CURRENTLY REGISTERED PESTICIDES.
EVERY PESTICIDE REGISTERED BY THE DEPARTMENT PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION, WHICH HAS NOT BEEN SUBJECT TO THE REQUIREMENTS OF
SECTION 33-0709 OF THIS TITLE SHALL BE REVIEWED BY THE DEPARTMENT. THESE
PESTICIDES SHALL BE PRIORITIZED FOR REVIEW, BASED ON THEIR TOXICITY,
THEIR POTENTIAL FOR HUMAN EXPOSURE AND THEIR POTENTIAL TO DAMAGE THE
ENVIRONMENT AND NATURAL RESOURCES. THE DEPARTMENT SHALL ESTABLISH A
SCHEDULE TO CONDUCT REVIEWS OF THESE PESTICIDES, SHALL ESTABLISH A SCHE-
DULE TO REQUIRE FULL DATA CURRENTLY REQUIRED FOR FEDERAL REGISTRATION
AND TO MAKE REGISTRATION DECISIONS ON THESE PRODUCTS.
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S 6. Section 33-0711 of the environmental conservation law is amended
to read as follows:
S 33-0711. Procedure when registration is denied.
1. If the commissioner shall decide that the pesticide does not
warrant the proposed claims for it or if the pesticide and its labeling
and other material required to be submitted do not comply with the
provisions of this article, he shall notify the applicant for registra-
tion of the manner in which the pesticide, labeling, or other material
required to be submitted fail to comply with this article so as to
afford the registrant an opportunity to make the necessary corrections.
If, upon receipt of such notice, the applicant for registration does not
make the corrections, the commissioner shall refuse to register the
article, and shall notify the applicant of his action and the reasons
for his refusal. Whenever an application for registration is refused,
the applicant, within thirty days after service of notice of such
refusal, may file a petition requesting that the matter be referred to
an advisory committee or file objections and request a public hearing in
accordance with section 33-0717 OF THIS TITLE.
2. THE COMMISSIONER SHALL NOT REGISTER ANY PESTICIDE WHICH HAS BEEN
CONDITIONALLY REGISTERED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY. THE REGISTRANT OF ANY PESTICIDE REGISTERED PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION SHALL HAVE A PERIOD OF FIVE YEARS FROM THE
EFFECTIVE DATE OF THIS SUBDIVISION TO SUBMIT ALL OUTSTANDING FEDERAL
DATA REQUIREMENTS AND STUDIES, AND ALL UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY REVIEW DOCUMENTS OR OTHER DOCUMENTS RELATING TO THESE
DATA REQUIREMENTS AND STUDIES, TO THE DEPARTMENT. FAILURE TO SUBMIT THE
REQUIRED DATA AND DOCUMENTS SHALL RESULT IN CANCELLATION OF THE PESTI-
CIDE BY THE DEPARTMENT. SECTION 33-0715 OF THIS TITLE SHALL NOT APPLY TO
THIS SUBDIVISION.
3. THE COMMISSIONER SHALL NOT REGISTER ANY PESTICIDE WHICH CONTAINS AN
INERT INGREDIENT WHICH WAS SUBJECT TO A PESTICIDE REGISTRATION CANCELLA-
TION OR SUSPENSION BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OR THIS STATE.
S 7. Section 33-0713 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, IF A PESTICIDE, INCLUDING ITS INERT INGREDIENTS, IS A KNOWN OR
PROBABLE HUMAN CARCINOGEN WHICH HAS BEEN PREVIOUSLY REGISTERED BY THE
DEPARTMENT, THE COMMISSIONER SHALL NOTIFY THE REGISTRANT OF THE CANCEL-
LATION, WHICH SHALL TAKE EFFECT THIRTY DAYS AFTER SERVICE OF THE NOTICE.
S 8. This act shall take effect on the ninetieth day after it shall
have become a law, provided however that the amendments to subdivision 6
of section 33-0704 of the environmental conservation law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.