NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7739
SPONSOR: Hanna TITLE OF BILL: 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
PURPOSE OF BILL: The purpose of this article is to regulate the regis-
tration, commercial use, purchase and custom application of pesticides
JUSTIFICATION:; Section 1 of this bill repeals titles 5, 7, 9, 9-A,
10, 11, 12, 13, and 15 of article 33 of the environmental conservation
law. Added to the law is the definition of pesticide as "any substance
or mixture or substances intended for preventing, destroying, repelling,
or mitigating any pest; and any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant."
LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect on the 120th day after it
shall have become a law
STATE OF NEW YORK
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7739
2011-2012 Regular Sessions
IN ASSEMBLY
May 16, 2011
___________
Introduced by M. of A. HANNA -- read once and referred to the Committee
on Environmental Conservation
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2 the environmental conservation law are REPEALED.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 § 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 Section 33-0101 of the environmental conservation law is REPEALED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 § 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.
LBD10030-02-1
A. 7739 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 § 3. Section 33-0103 of the environmental conservation law is
6 REPEALED.
7 § 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 § 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 § 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.
