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S07532 Summary:

BILL NOS07532
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd §33-1301, En Con L
 
Enacts the restriction of anticoagulant pesticide transactions for online and retail stores act to prohibit any person from selling, offering for sale or use, or distributing within the state, any second-generation anticoagulant rodenticide; prohibits the use of either a first-generation anticoagulant rodenticide or a second-generation anticoagulant rodenticide within five hundred feet of a wildlife habitat area.
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S07532 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7532
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "restriction of anticoagulant pesticide transactions for online  and
     3  retail stores act" or "RAPTORS act".
     4    §  2.  Legislative  intent.  The legislature hereby finds and declares
     5  that it is the policy of this state to ensure that aquatic, terrestrial,
     6  and avian wildlife species remain a fully functional  component  of  the
     7  ecosystems  they  inhabit and move through in New York. It is the intent
     8  of this act to facilitate this goal by prohibiting  the  general  public
     9  from  purchasing and utilizing the world's deadliest rodenticides, noto-
    10  riously deployed via helicopter to "restore  the  ecosystem"  of  entire
    11  rat-infested islands and often killing scores of raptors and other birds
    12  in the process.
    13    This legislation also comes in the wake of Flaco's passing. Flaco, the
    14  Eurasian  eagle-owl  whose  escape from the Central Park Zoo and life on
    15  the loose captivated New York, had been exposed at the time of his death
    16  to four of the seven pesticides this bill restricts.    The  legislature
    17  takes  this  action  to protect all non-target species, not only raptors
    18  such as eagles, hawks, and owls, but also the thousands of children  and
    19  pets exposed to anticoagulants that poison control centers receive calls
    20  for each year.
    21    §  3. Section 33-1301 of the environmental conservation law is amended
    22  by adding a new subdivision 14 to read as follows:
    23    14. a. For any person within the state to sell, offer for sale or use,
    24  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
 
     1  restricted  SGAR  or FGAR, in any concentration, unless such a purchaser
     2  or user has a valid purchase permit or certification identification card
     3  pursuant to section 33-0903 of this article or the user is a  commercial
     4  pesticide technician or commercial pesticide apprentice.
     5    b.  For  any person, including but not limited to, certified pesticide
     6  applicators, commercial pesticide technicians, or  commercial  pesticide
     7  apprentices, and government officials, to use a pesticide containing any
     8  restricted  SGAR  or FGAR in, or within five hundred feet of, a wildlife
     9  habitat area. The commissioner, in consultation with the commissioner of
    10  agriculture and markets, may promulgate rules and regulations to  permit
    11  the use of pesticides containing SGARs or FGARs by pesticide applicators
    12  certified  pursuant  to  section 33-0905 of this article, and commercial
    13  pesticide technicians, or commercial pesticide apprentices acting  under
    14  the  instructions and control of a pesticide applicator certified pursu-
    15  ant to section 33-0905 of this article, who is  available  if  and  when
    16  needed,  even  though  such  certified pesticide applicator is not phys-
    17  ically present at the time and place the  pesticide  is  applied,  where
    18  such  use  is  not  reasonably expected to result in significant adverse
    19  effects to non-target wildlife.
    20    c. For the purposes of this subdivision the following terms shall have
    21  the following meanings:
    22    (1) "First-generation anticoagulant rodenticide" or "FGAR"  means  any
    23  pesticide product containing any of the following active ingredients:
    24    (i) Diphacinone.
    25    (ii) Warfarin.
    26    (iii) Chlorophacinone.
    27    (2)  "Second-generation anticoagulant rodenticide" or "SGAR" means any
    28  pesticide product containing any of the following active ingredients:
    29    (i) Brodifacoum.
    30    (ii) Bromadiolone.
    31    (iii) Difenacoum.
    32    (iv) Difethialone.
    33    (3) "Wildlife habitat area" means any park, wetland,  wetland  buffer,
    34  nature  reserve or preserve, or wildlife refuge managed by a state agen-
    35  cy, regional government, or quasi-government agency,  or  by  a  special
    36  district.
    37    (4)  "Significant  adverse effect" means a direct or indirect activity
    38  that negatively affects the health or viability of a wildlife population
    39  or that damages or threatens wildlife habitats.
    40    § 4. This act shall take effect on the ninetieth day  after  it  shall
    41  have become a law. Effective immediately, the addition, amendment and/or
    42  repeal  of  any  rule  or regulation necessary for the implementation of
    43  this act on its effective date are authorized to be made  and  completed
    44  on or before such effective date.
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