S T A T E O F N E W Y O R K
________________________________________________________________________
7532
2025-2026 Regular Sessions
I N S E N A T E
April 22, 2025
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
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, noto-
riously deployed via helicopter to "restore the ecosystem" of entire
rat-infested islands and often killing scores of raptors and other birds
in the process.
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. FOR ANY PERSON WITHIN THE STATE TO SELL, OFFER FOR SALE OR USE,
DISTRIBUTE, USE, OR DEPLOY ANY PESTICIDE OR RODENTICIDE CONTAINING A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11733-01-5
S. 7532 2
RESTRICTED SGAR OR FGAR, IN ANY CONCENTRATION, UNLESS SUCH A PURCHASER
OR USER HAS A VALID PURCHASE PERMIT OR CERTIFICATION IDENTIFICATION CARD
PURSUANT TO SECTION 33-0903 OF THIS ARTICLE OR THE USER IS A COMMERCIAL
PESTICIDE TECHNICIAN OR COMMERCIAL PESTICIDE APPRENTICE.
B. FOR ANY PERSON, INCLUDING BUT NOT LIMITED TO, CERTIFIED PESTICIDE
APPLICATORS, COMMERCIAL PESTICIDE TECHNICIANS, OR COMMERCIAL PESTICIDE
APPRENTICES, AND GOVERNMENT OFFICIALS, TO USE A PESTICIDE CONTAINING ANY
RESTRICTED SGAR OR FGAR IN, OR WITHIN FIVE HUNDRED FEET OF, A WILDLIFE
HABITAT AREA. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
AGRICULTURE AND MARKETS, MAY PROMULGATE RULES AND REGULATIONS TO PERMIT
THE USE OF PESTICIDES CONTAINING SGARS OR FGARS BY PESTICIDE APPLICATORS
CERTIFIED PURSUANT TO SECTION 33-0905 OF THIS ARTICLE, AND COMMERCIAL
PESTICIDE TECHNICIANS, OR COMMERCIAL PESTICIDE APPRENTICES ACTING UNDER
THE INSTRUCTIONS AND CONTROL OF A PESTICIDE APPLICATOR CERTIFIED PURSU-
ANT TO SECTION 33-0905 OF THIS ARTICLE, WHO IS AVAILABLE IF AND WHEN
NEEDED, EVEN THOUGH SUCH CERTIFIED PESTICIDE APPLICATOR IS NOT PHYS-
ICALLY PRESENT AT THE TIME AND PLACE THE PESTICIDE IS APPLIED, WHERE
SUCH USE IS NOT REASONABLY EXPECTED TO RESULT IN SIGNIFICANT ADVERSE
EFFECTS TO NON-TARGET WILDLIFE.
C. 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, WETLAND, WETLAND BUFFER,
NATURE RESERVE OR PRESERVE, OR WILDLIFE REFUGE MANAGED BY A STATE AGEN-
CY, REGIONAL GOVERNMENT, OR QUASI-GOVERNMENT AGENCY, OR BY A SPECIAL
DISTRICT.
(4) "SIGNIFICANT ADVERSE EFFECT" MEANS A DIRECT OR INDIRECT ACTIVITY
THAT NEGATIVELY AFFECTS THE HEALTH OR VIABILITY OF A WILDLIFE POPULATION
OR THAT DAMAGES OR THREATENS WILDLIFE HABITATS.
§ 4. This act shall take effect on the ninetieth day 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.
