S T A T E O F N E W Y O R K
________________________________________________________________________
3046
2025-2026 Regular Sessions
I N S E N A T E
January 23, 2025
___________
Introduced by Sens. BRISPORT, HOYLMAN-SIGAL, MARTINEZ, SALAZAR -- read
twice and ordered printed, and when printed to be committed to the
Committee on Consumer Protection
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
DOMESTIC DISTRIBUTOR OF SUCH PRODUCT IF THE ENTITY THAT MANUFACTURES THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00528-01-5
S. 3046 2
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.
(D) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION:
S. 3046 3
(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.