Assembly Bill A4785A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4785--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, GALLAGHER, LEVENBERG -- read once and
   referred to the Committee on Economic Development  --  recommitted  to
   the Committee on Economic Development in accordance with Assembly Rule
   3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the general business law, in relation to prohibiting the
   production, sale and use of adhesive-based animal traps
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-tt to read as follows:
   §  399-TT.  ADHESIVE-BASED  ANIMAL  TRAPS;  PROHIBITION.  1.  FOR  THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "ADHESIVE-BASED  ANIMAL  TRAP"  SHALL  MEAN  ANY  DEVICE  THAT IS
 DESIGNED OR IS CAPABLE OF BEING USED TO CAPTURE AN ANIMAL THE SIZE OF  A
 RODENT  OR  LARGER, BY MEANS OF AN ADHESIVE SUBSTANCE, INCLUDING DEVICES
 COMMONLY KNOWN AS GLUE TRAPS, GLUE BOARDS, AND ANY SIMILAR TRAP.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN A PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "EXTERMINATOR" SHALL MEAN A PERSON OR  ENTITY  THAT  IS  LICENSED,
 CERTIFIED,  PERMITTED  OR  OTHERWISE  AUTHORIZED  UNDER THE LAWS OF THIS
 STATE TO PROVIDE RODENT AND PEST CONTROL SERVICES AND  ANY  EMPLOYEE  OR
 AGENT THEREOF ENGAGING IN THE PROVISION OF SUCH SERVICES.
   (D)  "INSECT  TRAP"  SHALL MEAN ANY DEVICE THAT IS DESIGNED TO CAPTURE
 INSECTS BY MEANS OF AN ADHESIVE SUBSTANCE.
   (E) "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION,  PARTNER-
 SHIP, LIMITED LIABILITY COMPANY, OR CORPORATION THAT PRODUCES, PREPARES,
 FORMULATES,  OR  COMPOUNDS  AN  ADHESIVE-BASED ANIMAL TRAP AS DEFINED IN
 THIS SUBDIVISION. IN THE CASE OF AN ADHESIVE-BASED ANIMAL TRAP  IMPORTED
 INTO  THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE IMPORTER OR FIRST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03492-05-4
              

 A. 4785--A                          2
 
 DOMESTIC DISTRIBUTOR OF SUCH PRODUCT IF THE ENTITY THAT MANUFACTURES THE
 PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT DOES  NOT  HAVE  A
 PRESENCE IN THE UNITED STATES.
   (F)  "PERSON"  SHALL MEAN A NATURAL PERSON, FIRM, CORPORATION, LIMITED
 LIABILITY COMPANY, ASSOCIATION, OR AN EMPLOYEE OR  AGENT  OF  A  NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
   (G)  "RETAILER"  SHALL  MEAN ANY PERSON OR ENTITY WHO OFFERS ADHESIVE-
 BASED ANIMAL TRAPS FOR SALE FOR USE OR CONSUMPTION BY  PERSONS  IN  THIS
 STATE,  INCLUDING  ANY  SUCH  PERSON OR ENTITY THAT SELLS ADHESIVE-BASED
 ANIMAL TRAPS THROUGH CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY
 ELECTRONIC MEANS.
   (H) "SELL" OR "SALE" SHALL MEAN  ANY  TRANSFER  FOR  CONSIDERATION  OF
 TITLE OR THE RIGHT TO USE, FROM A MANUFACTURER, DISTRIBUTOR, OR RETAILER
 TO  A  PERSON,  INCLUDING,  BUT  NOT  LIMITED TO, TRANSACTIONS CONDUCTED
 THROUGH RETAIL SALES OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE  INTER-
 NET, OR ANY ELECTRONIC MEANS.
   2. BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER:
   (A)  NO  ADHESIVE-BASED ANIMAL TRAPS SHALL BE SHIPPED INTO THIS STATE.
 SUCH PROHIBITION SHALL APPLY TO ALL SHIPMENTS OF  ADHESIVE-BASED  ANIMAL
 TRAPS  INTO  NEW YORK STATE AND INCLUDES IMPORTATION OR DISTRIBUTION FOR
 COMMERCIAL PURPOSES, FOR PERSONAL USE, OR OTHERWISE, AND IRRESPECTIVE OF
 WHETHER SUCH ADHESIVE-BASED ANIMAL TRAPS WERE PURCHASED WITHIN OR  WITH-
 OUT THE STATE.
   (B)  NO  MANUFACTURER, DISTRIBUTOR, RETAILER, COMMON CARRIER, OR OTHER
 PERSON SHALL BRING OR CARRY INTO THE  STATE  ANY  ADHESIVE-BASED  ANIMAL
 TRAP, NOR SHALL ANY MANUFACTURER, DISTRIBUTOR, RETAILER, COMMON CARRIER,
 OR  ANY OTHER PERSON ACCEPT FOR DELIVERY, DELIVER OR TRANSPORT ANY ADHE-
 SIVE-BASED ANIMAL TRAP TO ANY DISTRIBUTOR, RETAILER, OR ANY OTHER PERSON
 LOCATED WITHIN THIS STATE.
   (C) PARAGRAPHS (A) AND (B) OF THIS  SUBDIVISION  SHALL  APPLY  TO  ANY
 ADHESIVE-BASED ANIMAL TRAP, EITHER IN THE ORIGINAL PACKAGE OR OTHERWISE,
 WHETHER  INTENDED  FOR COMMERCIAL OR PERSONAL USE, AS WELL AS OTHERWISE,
 AND  TO  FOREIGN,  INTERSTATE,  AS  WELL  AS  INTRASTATE,  SHIPMENTS  OR
 CARRIAGE,  IRRESPECTIVE  OF  WHETHER SUCH ADHESIVE-BASED ANIMAL TRAP WAS
 PURCHASED WITHIN OR WITHOUT THE STATE.
   (D) NO MANUFACTURER OR DISTRIBUTOR SHALL  SELL,  OFFER  FOR  SALE,  OR
 DELIVER TO A RETAILER FOR SUBSEQUENT SALE AN ADHESIVE-BASED ANIMAL TRAP,
 NOR  SHALL  ANY  RETAILER  OR  EXTERMINATOR  PURCHASE, ACCEPT, OBTAIN OR
 OTHERWISE ACQUIRE ANY SUCH ADHESIVE-BASED ANIMAL TRAP ON  OR  AFTER  THE
 EFFECTIVE DATE OF THIS SECTION.
   3.  BEGINNING  ONE  YEAR  AFTER THE EFFECTIVE DATE OF THIS SECTION AND
 THEREAFTER:
   (A) NO PERSON OR ENTITY, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL  SELL
 OR  OFFER  FOR  SALE,  HOLD FOR SALE OR DISTRIBUTE TO ANOTHER PERSON ANY
 ADHESIVE-BASED ANIMAL  TRAP  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION, NOR SHALL ANY PERSON OR ENTITY, OR ANY AGENT OR EMPLOYEE THERE-
 OF PURCHASE, ACQUIRE, OR POSSESS ANY SUCH ADHESIVE-BASED ANIMAL TRAP FOR
 COMMERCIAL OR PERSONAL USE.
   (B)  NO  PERSON OR ENTITY, OR ANY AGENT OR EMPLOYEE THEREOF SHALL SET,
 PLACE, OR OTHERWISE USE ANY SUCH ADHESIVE-BASED ANIMAL  TRAP  OR  PERMIT
 ANOTHER  PERSON TO SET, PLACE OR USE ANY SUCH ADHESIVE-BASED ANIMAL TRAP
 TO CAPTURE OR DESTROY A RAT, MOUSE OR OTHER ANIMAL.
   (C) NO PERSON OR ENTITY, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL  SET,
 PLACE, OR OTHERWISE USE INSECT TRAPS IN AN OUTDOOR ENVIRONMENT, IN WHICH
 SUCH  DEVICES  ARE  CAPABLE  OF CAPTURING BIRDS OR OTHER SIMILARLY-SIZED
 ANIMALS.
 A. 4785--A                          3
 
   (D) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION:
   (I)  NOTHING IN THIS SECTION SHALL RESTRICT THE SALE, DISTRIBUTION, OR
 USE OF INSECT TRAPS, EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS  SUBDI-
 VISION.
   (II)  A  RETAILER  HAVING  IN ITS POSSESSION ANY ADHESIVE-BASED ANIMAL
 TRAPS PURCHASED OR ACQUIRED BY SUCH RETAILER PRIOR TO THE EFFECTIVE DATE
 OF THIS SECTION SHALL BE AUTHORIZED TO SELL SUCH  ADHESIVE-BASED  ANIMAL
 TRAPS FOR ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION; AND
   (III)  AN  EXTERMINATOR  HAVING  IN  ITS POSSESSION ANY ADHESIVE-BASED
 ANIMAL TRAPS PURCHASED OR ACQUIRED BY SUCH  EXTERMINATOR  PRIOR  TO  THE
 EFFECTIVE  DATE OF THIS SECTION SHALL BE AUTHORIZED TO SET OR PLACE SUCH
 ADHESIVE-BASED ANIMAL TRAPS FOR ONE YEAR AFTER  THE  EFFECTIVE  DATE  OF
 THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.