Restricts the use of total release fogging pesticides unless the purchaser is licensed as a certified commercial pesticide applicator, certified residential pesticide applicator, or certified commercial pesticide technician in the state of New York or the purchaser is licensed in an equivalent manner in a jurisdiction with reciprocity with the state of New York, as determined by the department; restricts the use of total release fogging pesticides in multi-unit dwellings.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1467
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
restricting the use of total release fogging pesticides
PURPOSE OR GENERAL IDEA OF BILL:
To direct the New York State Department of Environmental Conservation to
restrict the statewide use of total release fogging pesticides from
consumer sale and prohibit their use in multi-unit dwellings.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the legislative findings and intent.
Section 2 amends subdivision 1 of section 33-1301 of the environmental
conservation law, restricting the sale of total release fogging pesti-
cides unless the purchaser is a certified pesticide applicator, techni-
cian, or has an equivalent certification in a state with reciprocity
with the state of New York.
Section 3 amends section 33-1301 of the environmental conservation law
by adding a new subdivision 13, restricting any person from using any
pesticide classified as a total release fogging pesticide in multiunit
dwellings.
Section 4 provides for the effective date.
JUSTIFICATION:
Total release pesticide foggers, otherwise known as "bug bombs," are
pesticide products designed to fill an area with insecticide by releas-
ing the complete pressurized contents of cans in a widely distributed
fine mist. Adverse health effects to total release foggers are frequent
and exposures to insecticidal foggers are more likely to result in
adverse health outcomes, such as pesticide poisoning, than exposures to
other pesticide products. Foggers should not be used in multi-dwelling
buildings, but existing NYS law does not prohibit this use. Restricting
the sale of pesticide foggers to consumers, restricting their use in
multidwelling buildings, or restricting the use to licensed pesticide
applicators will reduce their use by ensuring they are applied only by
personnel trained to understand and follow the restrictions and warnings
on the product label and will result in better targeting when they are
used. This is an environmental justice issue disproportionately affect-
ing lower-income individuals, as bug bombs are a relatively inexpensive
pest management solution. As a result, individuals living in older,
larger multi-dwellings, who also suffer from adverse health outcomes
like asthma at higher rates, are disproportionately exposed to the harm-
ful effects of bug bombs.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.8686 - Referred to Environmental Conservation; S.7516 -
Referred to Environmental Conservation
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1467
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
restricting the use of total release fogging pesticides
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature hereby finds that
2 total release pesticide foggers, otherwise known as "bug bombs," present
3 a dangerous health risk to communities. They fill an area with insecti-
4 cide by releasing the complete pressurized contents of cans in a widely
5 distributed fine mist. Adverse health effects to total release foggers
6 are frequent and exposures to insecticidal foggers are more likely to
7 result in adverse health outcomes, such as pesticide poisoning and asth-
8 ma, than exposures to other pesticide products. Restricting the sale of
9 pesticide foggers to consumers will reduce their use by ensuring only
10 personnel trained to understand and follow the restrictions will apply
11 them. Furthermore, eliminating their use in multi-unit buildings will
12 protect the health and well-being of residents of those buildings from
13 dangerous effects of these products.
14 § 2. Subdivision 1 of section 33-1301 of the environmental conserva-
15 tion law is amended by adding a new paragraph f to read as follows:
16 f. Any pesticide classified as a total release fogging pesticide,
17 unless:
18 (1) the purchaser is licensed as a certified commercial pesticide
19 applicator, certified residential pesticide applicator, or certified
20 commercial pesticide technician in the state of New York; or
21 (2) the purchaser is licensed in an equivalent manner in a jurisdic-
22 tion with reciprocity with the state of New York, as determined by the
23 department.
24 § 3. Section 33-1301 of the environmental conservation law is amended
25 by adding a new subdivision 13 to read as follows:
26 13. For any person to use any pesticide classified as a total release
27 fogging pesticide in multi-unit dwellings.
28 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05755-01-3
