Assembly Bill A5656

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5656
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing commercial sod products pesticide information requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 article 11-B to read as follows:
                                ARTICLE 11-B
        COMMERCIAL SOD PRODUCTS PESTICIDE INFORMATION REQUIREMENTS
 SECTION 151-P. DEFINITIONS.
         151-Q. PURPOSE.
         151-R. COMMERCIAL  SOD  PRODUCTS  PESTICIDE INFORMATION REQUIRE-
                MENTS.
         151-S. PENALTIES.
   § 151-P. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING
 DEFINITIONS SHALL APPLY:
   1. "COMMERCIAL SOD PRODUCTS" SHALL MEAN SURFACE EARTH CONTAINING GRASS
 AND ITS MATTED ROOTS, OTHERWISE CALLED TURF, WHICH IS OFFERED FOR WHOLE-
 SALE OR RETAIL SALE.
   2.  "PESTICIDES"  SHALL  HAVE  THE SAME MEANING AS IS ASCRIBED TO SUCH
 TERM BY SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL
 CONSERVATION LAW.
   §  151-Q.  PURPOSE.  THE  PURPOSE  OF  THIS  ARTICLE IS TO ENSURE THAT
 PURCHASERS OF COMMERCIAL  SOD  PRODUCTS  RECEIVE  INFORMATION  REGARDING
 PESTICIDES WHICH HAVE BEEN APPLIED TO SUCH PRODUCTS.
   §  151-R.  COMMERCIAL SOD PRODUCTS PESTICIDE INFORMATION REQUIREMENTS.
 1.  EVERY PERSON WHO GROWS COMMERCIAL SOD PRODUCTS SHALL BE REQUIRED  TO
 PROVIDE  INFORMATION ON ALL PESTICIDES WHICH WERE APPLIED TO THE SOIL IN
 WHICH COMMERCIAL SOD PRODUCTS WERE GROWN OR WHICH WERE  APPLIED  TO  THE
 COMMERCIAL SOD PRODUCTS DIRECTLY, TO ALL PURCHASERS OF SUCH PRODUCTS.

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

                                                            LBD09628-01-9

 A. 5656                             2
 
   2.  EVERY  PERSON  WHO  SELLS  COMMERCIAL SOD PRODUCTS OR WHO INSTALLS
 COMMERCIAL SOD PRODUCTS SHALL BE REQUIRED TO PROVIDE INFORMATION ON  ALL
 PESTICIDES  WHICH  WERE  APPLIED  TO  THE  SOIL  IN WHICH COMMERCIAL SOD
 PRODUCTS WERE GROWN OR WHICH WERE APPLIED TO THE COMMERCIAL SOD PRODUCTS
 DIRECTLY, AS PROVIDED BY THE GROWER ON A FORM APPROVED BY THE DEPARTMENT
 WHICH  IS  CONSISTENT WITH THE PESTICIDE USE REQUIREMENTS OF THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION, TO ALL PURCHASERS OF  SUCH  PRODUCTS
 OR SERVICES.
   3.  THE  INFORMATION  REQUIRED TO BE PROVIDED PURSUANT TO THIS SECTION
 SHALL INCLUDE THE FOLLOWING:
   A. THE PESTICIDE PRODUCT NAME AND THE CHEMICAL NAME OF EACH  PESTICIDE
 PRODUCT APPLIED;
   B. THE TOXICITY CATEGORY OF EACH PESTICIDE PRODUCT APPLIED; AND
   C.  ANY  LABEL WARNINGS RELATING TO CONTACT BY HUMANS AND ANIMALS, AND
 ANY LIST OF RELEVANT ENVIRONMENTAL HAZARD WARNINGS FOR EACH PESTICIDE.
   § 151-S. PENALTIES. ANY PERSON WHO FAILS TO  PROVIDE  THE  INFORMATION
 REQUIRED  IN THIS ARTICLE SHALL BE SUBJECT TO THE PENALTIES CONTAINED IN
 SECTION THIRTY-NINE OF THIS CHAPTER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.