The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4785
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the general business law, in relation to prohibiting the
   production, sale and use of adhesive-based rodent 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  RODENT  TRAPS;  PROHIBITION.  1.  FOR  THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "ADHESIVE-BASED TRAP" SHALL MEAN ANY DEVICE THAT IS DESIGNED OR IS
 CAPABLE  OF  BEING  USED  TO  CAPTURE  A  RODENT BY MEANS OF AN ADHESIVE
 SUBSTANCE, INCLUDING DEVICES COMMONLY KNOWN AS GLUE TRAPS, GLUE  BOARDS,
 AND ANY SIMILAR RODENT 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) "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION,  PARTNER-
 SHIP, LIMITED LIABILITY COMPANY, OR CORPORATION THAT PRODUCES, PREPARES,
 FORMULATES,  OR  COMPOUNDS  AN  ADHESIVE-BASED  TRAP  AS DEFINED IN THIS
 SUBDIVISION. IN THE CASE OF AN ADHESIVE-BASED  TRAP  IMPORTED  INTO  THE
 UNITED  STATES, "MANUFACTURER" SHALL MEAN THE IMPORTER OR FIRST 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.
   (E) "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.
   (F) "RETAILER" SHALL MEAN ANY PERSON OR ENTITY  WHO  OFFERS  ADHESIVE-
 BASED  TRAPS  FOR  SALE FOR USE OR CONSUMPTION BY PERSONS IN THIS STATE,
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03492-01-3
 A. 4785                             2
 
 INCLUDING ANY SUCH PERSON OR  ENTITY  THAT  SELLS  ADHESIVE-BASED  TRAPS
 THROUGH  CATALOGS,  MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
 MEANS.
   (G)  "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 TRAPS SHALL BE SHIPPED  INTO  THIS  STATE.  SUCH
 PROHIBITION  SHALL  APPLY  TO ALL SHIPMENTS OF ADHESIVE-BASED 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 TRAPS WERE PURCHASED WITHIN OR WITHOUT THE STATE.
   (B) NO MANUFACTURER, DISTRIBUTOR, RETAILER, COMMON CARRIER,  OR  OTHER
 PERSON  SHALL BRING OR CARRY INTO THE STATE ANY ADHESIVE-BASED TRAP, NOR
 SHALL ANY MANUFACTURER, DISTRIBUTOR, RETAILER, COMMON  CARRIER,  OR  ANY
 OTHER  PERSON  ACCEPT  FOR  DELIVERY, DELIVER OR TRANSPORT ANY ADHESIVE-
 BASED 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 TRAP, EITHER IN THE ORIGINAL PACKAGE OR OTHERWISE, WHETH-
 ER INTENDED FOR COMMERCIAL OR PERSONAL USE, AS WELL AS OTHERWISE, AND TO
 FOREIGN, INTERSTATE, AS WELL AS INTRASTATE, SHIPMENTS OR CARRIAGE, IRRE-
 SPECTIVE OF WHETHER SUCH ADHESIVE-BASED 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  TRAP,  NOR
 SHALL ANY RETAILER OR EXTERMINATOR PURCHASE, ACCEPT, OBTAIN OR OTHERWISE
 ACQUIRE  ANY  SUCH ADHESIVE-BASED 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  TRAP  AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, NOR
 SHALL ANY PERSON OR ENTITY, OR ANY AGENT OR EMPLOYEE  THEREOF  PURCHASE,
 ACQUIRE,  OR  POSSESS  ANY  SUCH  ADHESIVE-BASED  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 TRAP OR PERMIT ANOTHER
 PERSON TO SET, PLACE OR USE ANY SUCH ADHESIVE-BASED TRAP TO  CAPTURE  OR
 DESTROY A RAT, MOUSE OR OTHER RODENT.
   (C) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION:
   (I)  A  RETAILER  HAVING  IN  ITS  POSSESSION ANY ADHESIVE-BASED TRAPS
 PURCHASED OR ACQUIRED BY SUCH RETAILER PRIOR TO THE  EFFECTIVE  DATE  OF
 THIS  SECTION  SHALL BE AUTHORIZED TO SELL SUCH ADHESIVE-BASED TRAPS FOR
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION; AND
   (II) AN EXTERMINATOR HAVING IN ITS POSSESSION ANY ADHESIVE-BASED 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
 TRAPS WHILE PROVIDING RODENT CONTROL SERVICES 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.