BILL NUMBER: S7747

SPONSOR: O'MARA
 
TITLE OF BILL:  An act to amend chapter 274 of the laws of 2010 amend-
ing the environmental conservation law relating to repair of damaged
pesticide containers, in relation to making the provisions of such chap-
ter permanent

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to make permanent existing authori-
zation for minor repairs of pesticide containers in order to reduce the
amount of such products that may become waste.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one makes permanent the authorization contained in paragraph b
of subdivision 1 of section 33-1301 of the Environmental Conservation
Law as amended by Chapter 77 of the laws of 2016.

Section two contains the effective date.
              

 
JUSTIFICATION:

The United States Environmental Protection Agency (U.S. EPA) released
its "Pesticide Container Repair Interim Policy" in October 2009 to
address the environmental concerns associated with the unnecessary
disposal of consumer pesticide products, such as lawn fertilizer
containing pesticides. According to the U.S. EPA, approximately five
million pounds of consumer pesticide products may become waste each year
in the United States due to damage to the containers before the pesti-
cides can be sold by retailers. The U.S. EPA developed the "Pesticide
Container Repair Interim Policy" to allow retailers to repair minor
damage to containers rather than requiring disposal.

This bill would make permanent the authorization to allow New York
retailers to utilize the U.S. EPA's "Pesticide Container Repair Interim
Policy." In order for a retailer's "minor repair program" to be
approved, the retailer must demonstrate that the program maintains prod-
uct integrity. The repaired containers must have had no appreciable loss
of contents or change in the net contents as indicated on the label, and
the physical characteristics of the product must remain unchanged, with
no dampening or hardening as a result of contact with water or other
liquids.  Further, the patch or repair itself must not adversely affect
product integrity.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.