Assembly Bill A10750A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10750--A
 
                           I N  A S S E M B L Y
 
                              March 27, 2026
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee  on  Environmental  Conservation  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting  the  restriction of anticoagulant pesticide transactions for
   online and retail stores act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "restriction of anticoagulant pesticide transactions for online  and
 retail stores act" or "RAPTORS act".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that it is the policy of this state to ensure that aquatic, terrestrial,
 and avian wildlife species remain a fully functional  component  of  the
 ecosystems  they  inhabit and move through in New York. It is the intent
 of this act to facilitate this goal by prohibiting  the  general  public
 from purchasing and utilizing the world's deadliest rodenticides, which,
 when  misapplied  or  improperly  used, can cause significant unintended
 harm to non-target wildlife and the ecosystem.
   This legislation also comes in the wake of Flaco's passing. Flaco, the
 Eurasian eagle-owl whose escape from the Central Park Zoo  and  life  on
 the loose captivated New York, had been exposed at the time of his death
 to  four  of  the seven pesticides this bill restricts.  The legislature
 takes this action to protect all non-target species,  not  only  raptors
 such  as eagles, hawks, and owls, but also the thousands of children and
 pets exposed to anticoagulants that poison control centers receive calls
 for each year.
   § 3. Section 33-1301 of the environmental conservation law is  amended
 by adding a new subdivision 14 to read as follows:
   14.  A.    EXCEPT  AS  PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, NO
 PERSON, BUSINESS, OR ENTITY SHALL SELL, OFFER FOR SALE,  DISTRIBUTE,  OR
 USE ANY PESTICIDE CONTAINING FIRST-GENERATION ANTICOAGULANT RODENTICIDES
 (FGARS)  OR  SECOND-GENERATION ANTICOAGULANT RODENTICIDES (SGARS) WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11733-07-6
 A. 10750--A                         2
 
 THE STATE.  THIS PROHIBITION APPLIES TO ALL FORMS OF SALE, INCLUDING BUT
 NOT LIMITED TO RETAIL ESTABLISHMENTS, AGRICULTURAL SUPPLIERS, AND ONLINE
 OR DIGITAL MARKETPLACES SERVING CUSTOMERS LOCATED IN  THE STATE.
   B.   (1) THE PROHIBITIONS SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION
 SHALL NOT APPLY WHERE A PUBLIC SAFETY RISK, A RISK TO  CRITICAL  INFRAS-
 TRUCTURE,  OR SPECIFIC AGRICULTURAL CIRCUMSTANCES EXIST, AS DESCRIBED IN
 PARAGRAPH C OF THIS SUBDIVISION.
   (2) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH
 AND  THE COMMISSIONER OF AGRICULTURE AND MARKETS, SHALL PROMULGATE REGU-
 LATIONS TO GOVERN THE EXCEPTIONS PURSUANT TO THIS  PARAGRAPH  AND  PARA-
 GRAPH  C OF THIS SUBDIVISION. SUCH REGULATIONS SHALL REQUIRE THAT ALTER-
 NATIVE PEST CONTROL METHODS ARE EXHAUSTED PRIOR TO THE USE OF  FGARS  OR
 SGARS  AND  SHALL PROHIBIT ANY APPLICATION WITHIN FIVE HUNDRED FEET OF A
 DESIGNATED WILDLIFE HABITAT AREA.
   C. THE PROHIBITIONS IN PARAGRAPH A OF THIS SUBDIVISION SHALL NOT APPLY
 TO THE USE OF FGARS OR SGARS FOR AN AGRICULTURAL  ACTIVITY,  DEFINED  IN
 SECTION  THREE  HUNDRED  ONE  OF  THE  AGRICULTURE AND MARKETS LAW, WHEN
 CONDUCTED IN ANY OF THE FOLLOWING LOCATIONS:
   (1) WAREHOUSES USED FOR THE STORAGE OF FOODS  INTENDED  FOR  HUMAN  OR
 ANIMAL CONSUMPTION;
   (2)   AGRICULTURAL   FOOD,   BEVERAGE  AND  CONDIMENT  PROCESSING  AND
 PRODUCTION SITES;
   (3) AGRICULTURAL PRODUCTION SITES HOUSING WATER STORAGE AND CONVEYANCE
 FACILITIES; OR
   (4) AGRICULTURAL PRODUCTION  SITES  HOUSING  RIGHTS-OF-WAY  AND  OTHER
 TRANSPORTATION INFRASTRUCTURE.
   D. FOR THE PURPOSES OF THIS SUBDIVISION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1)  "FIRST-GENERATION  ANTICOAGULANT RODENTICIDE" OR "FGAR" MEANS ANY
 PESTICIDE PRODUCT CONTAINING ANY OF THE FOLLOWING ACTIVE INGREDIENTS:
   (I) DIPHACINONE.
   (II) WARFARIN.
   (III) CHLOROPHACINONE.
   (2) "SECOND-GENERATION ANTICOAGULANT RODENTICIDE" OR "SGAR" MEANS  ANY
 PESTICIDE PRODUCT CONTAINING ANY OF THE FOLLOWING ACTIVE INGREDIENTS:
   (I) BRODIFACOUM.
   (II) BROMADIOLONE.
   (III) DIFENACOUM.
   (IV) DIFETHIALONE.
   (3) "WILDLIFE HABITAT AREA" MEANS ANY PARK, CONSERVATION AREA, WETLAND
 BUFFER ZONE, NATURE PRESERVE, OR WILDLIFE REFUGE.
   (4)  "ALTERNATIVE  PEST  CONTROL  METHODS"  MEANS NON-CHEMICAL CONTROL
 MEASURES, INCLUDING BUT NOT LIMITED TO HABITAT MODIFICATION,  EXCLUSION,
 AND SANITATION, AS WELL AS PHYSICAL CONTROL MEASURES SUCH AS SNAP TRAPS,
 ZAP TRAPS, LIVE TRAPS, REPELLANTS, OWL BOXES, AND RODENT BIRTH CONTROL.
   §  4.  This  act shall take effect 1 year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.