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A05318 Summary:

BILL NO    A05318 

SAME AS    SAME AS S00155

SPONSOR    Gunther

COSPNSR    Blankenbush, Crouch, Roberts, Tenney

MLTSPNSR   Cook, Gabryszak, Jacobs, Rivera

Rpld Art 33 Titles 5, 7, 9, 9-A, 10 - 13, 15, SS33-0101, 33-0103, 33-0303,
33-0304 & 33-0305, add S33-0101, amd S33-0301, En Con L

Provides that the regulation of pesticides in New York State shall conform to
the standards set by the Environmental Protection Agency.
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A05318 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5318

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 22, 2013
                                      ___________

       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Agriculture

       AN ACT to amend the environmental conservation law, in relation  to  the
         regulation of pesticides; and to repeal certain provisions of such law
         relating thereto

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Titles 5, 7, 9, 9-A, 10, 11, 12, 13 and 15 of article 33 of
    2  the environmental conservation law are REPEALED.
    3    S 2. Section 33-0101 of the environmental conservation law is REPEALED
    4  and a new section 33-0101 is added to read as follows:
    5  S 33-0101. DEFINITIONS.
    6    1. "PESTICIDE" MEANS:
    7    A. ANY SUBSTANCE OR MIXTURE OR  SUBSTANCES  INTENDED  FOR  PREVENTING,
    8  DESTROYING, REPELLING, OR MITIGATING ANY PEST; AND
    9    B.  ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR USE AS A PLANT
   10  REGULATOR, DEFOLIANT OR DESICCANT.
   11    2. "DESICCANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
   12  FOR ARTIFICIALLY ACCELERATING THE DRYING OF PLANT TISSUE.
   13    3.  "FUNGICIDE"  MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
   14  FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY FUNGI.
   15    4. "RODENTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
   16  FOR PREVENTING, DESTROYING, REPELLING,  OR  MITIGATING  RODENTS  OR  ANY
   17  OTHER  VERTEBRATE  ANIMALS  WHICH THE COMMISSIONER SHALL DECLARE TO BE A
   18  PEST.
   19    5. "DEFOLIANT" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
   20  FOR  CAUSING THE LEAVES OR FOLIAGE TO DROP FROM A PLANT, WITH OR WITHOUT
   21  CAUSING ABSCISSION.
   22    6. "HERBICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF  SUBSTANCES  INTENDED
   23  FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY WEED.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01982-01-3
       A. 5318                             2

    1    7. "INSECTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED
    2  FOR  PREVENTING,  DESTROYING, REPELLING, OR MITIGATING ANY INSECTS WHICH
    3  MAY BE PRESENT IN ANY ENVIRONMENT WHATSOEVER,  EXCEPT  THOSE  ON  OR  IN
    4  LIVING MAN.
    5    S  3.  Section  33-0103  of  the  environmental  conservation  law  is
    6  REPEALED.
    7    S 4. Sections  33-0303,  33-0304  and  33-0305  of  the  environmental
    8  conservation  law are REPEALED and section 33-0301 is amended to read as
    9  follows:
   10  S 33-0301. Declaration of policy and purposes.
   11    [The purpose of this article is to regulate the registration,  commer-
   12  cial  use,  purchase  and custom application of pesticides.] Pesticides,
   13  properly used for the control of insects, fungi, weeds,  and  nematodes,
   14  and  as  defoliants,  desiccants,  and  plant regulators and for related
   15  purposes, are valuable, important and necessary to the welfare,  health,
   16  economic  well-being  and  productive and industrial capabilities of the
   17  people of this state. However, such materials, if improperly  used,  may
   18  injure  health,  property  and  wildlife. [It is hereby declared to be a
   19  matter of legislative determination that the regulation of the registra-
   20  tion, commercial use, purchase and custom application of  pesticides  is
   21  needed  in  the  public  interest and that in the exercise of the police
   22  power all persons be required  to  register  or  obtain  permits  before
   23  engaging in such activities.]
   24    THE  REGULATION  OF  PESTICIDES,  DEFOLIANTS,  DESICCANTS, FUNGICIDES,
   25  HERBICIDES, INSECTICIDES, AND RODENTICIDES IN THE STATE SHALL CONFORM TO
   26  THE LAWS, STANDARDS, AND REGULATIONS OF THE UNITED STATES  ENVIRONMENTAL
   27  PROTECTION  AGENCY  AND  THE  STATE  SHALL  BE  BOUND  BY  DECISIONS AND
   28  APPROVALS ISSUED THEREBY.
   29    S 5. This act shall take effect on the one hundred twentieth day after
   30  it shall have become a law, provided, however, that effective immediate-
   31  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   32  necessary  for  the implementation of this act on its effective date are
   33  authorized and directed to be made and completed on or before such date.
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