S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1467
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   restricting the use of total release fogging pesticides
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 total release pesticide foggers, otherwise known as "bug bombs," present
 a dangerous health risk to communities.  They fill an area with insecti-
 cide  by releasing the complete pressurized contents of cans in a widely
 distributed fine mist. Adverse health effects to total  release  foggers
 are  frequent  and  exposures to insecticidal foggers are more likely to
 result in adverse health outcomes, such as pesticide poisoning and asth-
 ma, than exposures to other pesticide products.  Restricting the sale of
 pesticide foggers to consumers will reduce their use  by  ensuring  only
 personnel  trained  to understand and follow the restrictions will apply
 them. Furthermore, eliminating their use in  multi-unit  buildings  will
 protect  the  health and well-being of residents of those buildings from
 dangerous effects of these products.
   § 2. Subdivision 1 of section 33-1301 of the  environmental  conserva-
 tion law is amended by adding a new paragraph f to read as follows:
   F.  ANY  PESTICIDE  CLASSIFIED  AS  A TOTAL RELEASE FOGGING PESTICIDE,
 UNLESS:
   (1) THE PURCHASER IS LICENSED  AS  A  CERTIFIED  COMMERCIAL  PESTICIDE
 APPLICATOR,  CERTIFIED  RESIDENTIAL  PESTICIDE  APPLICATOR, OR CERTIFIED
 COMMERCIAL PESTICIDE TECHNICIAN IN THE STATE OF NEW YORK; OR
   (2) THE PURCHASER IS LICENSED IN AN EQUIVALENT MANNER IN  A  JURISDIC-
 TION  WITH  RECIPROCITY WITH THE STATE OF NEW YORK, AS DETERMINED BY THE
 DEPARTMENT.
   § 3. Section 33-1301 of the environmental conservation law is  amended
 by adding a new subdivision 13 to read as follows:
   13.  FOR ANY PERSON TO USE ANY PESTICIDE CLASSIFIED AS A TOTAL RELEASE
 FOGGING PESTICIDE IN MULTI-UNIT DWELLINGS.
   § 4. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05755-01-3