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A10074 Summary:

BILL NOA10074A
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSRSteck, Kelles, Hevesi, Clark, Levenberg, Bronson, Schiavoni, Raga, Stirpe, Rajkumar, Carroll R
 
MLTSPNSR
 
Amd §33-1301, En Con L
 
Prohibits the distribution, sale, offer for sale, and use of any pesticide product containing paraquat dichloride or any other chemical form of paraquat.
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A10074 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10074--A
 
                   IN ASSEMBLY
 
                                    January 30, 2026
                                       ___________
 
        Introduced  by  M. of A. ROSENTHAL, STECK, KELLES, HEVESI, CLARK, LEVEN-
          BERG, BRONSON, SCHIAVONI, RAGA, STIRPE, RAJKUMAR, R. CARROLL  --  read
          once  and  referred  to the Committee on Environmental Conservation --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the use of the pesticide paraquat
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. 1. Paraquat or paraquat dichloride is
     2  a  synthetic,  nonselective  contact  herbicide  that is a member of the
     3  bipyridylium chemical family and  that  kills  all  vegetation  that  it
     4  touches.
     5    2.  Paraquat was first registered in the United States in 1964, and in
     6  1978, the U.S. Environmental  Protection  Agency  (EPA)  classified  all
     7  paraquat  products  as  restricted  use pesticides because of paraquat's
     8  high acute toxicity and potential for poisoning.
     9    3. Paraquat has been classified as a restricted use pesticide, and  24
    10  currently  registered  pesticide products approved for use in the United
    11  States contain paraquat.
    12    4. The Pesticide Action Network's 2024  Consolidated  List  of  Banned
    13  Pesticides  identifies  72  countries  as  banning  the use of paraquat,
    14  including Brazil, China, Iraq, the United Kingdom, Malaysia, Peru, Saudi
    15  Arabia, South Korea, Thailand, Turkey, Vietnam, and Zimbabwe.
    16    5. The European Union banned paraquat in 2007 after a court determined
    17  that the relevant regulatory body had failed to apply proper  procedures
    18  for  evaluation  of  the  herbicide and that the regulatory body was not
    19  properly thorough in its assessments of paraquat's effects on human  and
    20  animal health.
    21    6. As of January 9, 2026, there were no products registered for use in
    22  Canada that contain paraquat.
    23    7.  Multiple studies have demonstrated that paraquat exposure substan-
    24  tially increases the risk of Parkinson's disease in those exposed to the
    25  herbicide.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14468-03-6

        A. 10074--A                         2
 
     1    8. Other studies suggest a possible link with exposure to paraquat  to
     2  increased  risk  of  non-Hodgkin lymphoma, renal cancer, thyroid cancer,
     3  and childhood leukemia.
     4    9.  In  2021,  as  part  of  a product registration review of paraquat
     5  required under the Federal Insecticide, Fungicide, and  Rodenticide  Act
     6  (FIFRA),  the  EPA  issued  an  interim decision approving the continued
     7  registration of paraquat for use in the United States, despite  multiple
     8  public   comments  objecting  to  approval  and  significant  scientific
     9  evidence regarding the potential health effects of paraquat exposure.
    10    10. Multiple parties subsequently petitioned for  judicial  review  of
    11  the  EPA's  interim  decision authorizing the continued registration and
    12  use of paraquat. In particular, the challenging  parties  contested  the
    13  EPA's  assessment  of  the  increased risk of Parkinson's disease due to
    14  exposure to paraquat from volatilization during use.
    15    11. In January 2025, after a motion from the EPA, a court placed  that
    16  case  in  abeyance so that the EPA may reconsider its initial conclusion
    17  concerning the potential for paraquat to  volatilize  and  to  determine
    18  whether paraquat continues to meet FIFRA's registration standard.
    19    12.  The  EPA's  reevaluation  of the risks of paraquat is expected to
    20  take years, and the EPA's  further  evaluation  does  not  prohibit  the
    21  continued use of paraquat during that review period.
    22    13.  Instead  of waiting for EPA action on whether or how to use para-
    23  quat, the state of New York should ban the use of paraquat in  order  to
    24  protect  New Yorkers from the known, significant health effects of expo-
    25  sure to paraquat.
    26    § 2. Section 33-1301 of the environmental conservation law is  amended
    27  by adding a new subdivision 14 to read as follows:
    28    14. a. Beginning January first, two thousand twenty-eight, it shall be
    29  unlawful  for  any person to distribute, sell, offer for sale or use any
    30  pesticide containing the active ingredient paraquat  dichloride  or  any
    31  other chemical form of paraquat.
    32    b.  As  used  in  this  section, "paraquat" means a pesticide with CAS
    33  number 4685-14-7 and any salt of that chemical, including methyl  violo-
    34  gen  (CAS  number  1910-42-5)  and paraquat bismethylsulfate (CAS number
    35  2074-50-2).
    36    § 3. This act shall take effect immediately.
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