S T A T E O F N E W Y O R K
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7391
I N S E N A T E
April 27, 2016
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Introduced by Sen. SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the aerial and ground application of malathion and certain
pyrethroid-based insecticides
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 37-0115 to read as follows:
S 37-0115. PROHIBITION ON THE AERIAL AND GROUND APPLICATION OF MALATHION
AND CERTAIN PYRETHROID-BASED INSECTICIDES.
1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
MENT THE AERIAL OR GROUND APPLICATION OF MALATHION OR THE
PYRETHROID-BASED INSECTICIDES RESMETHRIN AND SUMITHRIN:
(A) WITHIN ONE HUNDRED FEET OF ANY SCHOOL, DAY CARE CENTER OR PARK; OR
(B) ON OTHER PROPERTY WHEN CHILDREN ARE COMMUTING TO AND FROM SCHOOL
AND ENGAGED IN OUTDOOR ACTIVITY.
2. IF A MORE RESTRICTIVE STANDARD IS SET FORTH IN THE INFORMATION
CONTAINED ON THE LABEL OF THE PESTICIDE, OR BY OTHER REGULATIONS,
INCLUDING COUNTY OR LOCAL REGULATIONS, THE MORE RESTRICTIVE STANDARD
SHALL APPLY.
3. FOR THE PURPOSES OF THIS SECTION:
(A) "DAY CARE CENTER" MEANS ALL CHILD DAY CARE CENTERS AND HEAD START
DAY CARE CENTERS; AND
(B) "SCHOOL" MEANS ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
4. THE OFFICE IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15084-01-6