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S07532 Summary:

BILL NOS07532A
 
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--A
 
                               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
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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, which,
    10  when misapplied or improperly used,  can  cause  significant  unintended
    11  harm to non-target wildlife and the ecosystem.
    12    This legislation also comes in the wake of Flaco's passing. Flaco, the
    13  Eurasian  eagle-owl  whose  escape from the Central Park Zoo and life on
    14  the loose captivated New York, had been exposed at the time of his death
    15  to four of the seven pesticides this bill restricts.    The  legislature
    16  takes  this  action  to protect all non-target species, not only raptors
    17  such as eagles, hawks, and owls, but also the thousands of children  and
    18  pets exposed to anticoagulants that poison control centers receive calls
    19  for each year.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11733-03-6

        S. 7532--A                          2
 
     1    §  3. Section 33-1301 of the environmental conservation law is amended
     2  by adding a new subdivision 14 to read as follows:
     3    14. a. For any person within the state to sell, offer for sale or use,
     4  distribute,  use,  or  deploy  any pesticide or rodenticide containing a
     5  restricted SGAR or FGAR, in any concentration, unless such  a  purchaser
     6  or user has a valid purchase permit or certification identification card
     7  pursuant  to section 33-0903 of this article or the user is a commercial
     8  pesticide technician or commercial pesticide apprentice.
     9    b. For any person, including but not limited to,  certified  pesticide
    10  applicators,  commercial  pesticide technicians, or commercial pesticide
    11  apprentices, and government officials, to use a pesticide containing any
    12  restricted SGAR or FGAR in, or within five hundred feet of,  a  wildlife
    13  habitat area. The commissioner, in consultation with the commissioner of
    14  agriculture  and markets, may promulgate rules and regulations to permit
    15  the use of pesticides containing SGARs or FGARs by pesticide applicators
    16  certified pursuant to section 33-0905 of this  article,  and  commercial
    17  pesticide  technicians, or commercial pesticide apprentices acting under
    18  the instructions and control of a pesticide applicator certified  pursu-
    19  ant  to  section  33-0905  of this article, who is available if and when
    20  needed, even though such certified pesticide  applicator  is  not  phys-
    21  ically  present  at  the  time and place the pesticide is applied, where
    22  such use is not reasonably expected to  result  in  significant  adverse
    23  effects to non-target wildlife.
    24    c. For the purposes of this subdivision the following terms shall have
    25  the following meanings:
    26    (1)  "First-generation  anticoagulant rodenticide" or "FGAR" means any
    27  pesticide product containing any of the following active ingredients:
    28    (i) Diphacinone.
    29    (ii) Warfarin.
    30    (iii) Chlorophacinone.
    31    (2) "Second-generation anticoagulant rodenticide" or "SGAR" means  any
    32  pesticide product containing any of the following active ingredients:
    33    (i) Brodifacoum.
    34    (ii) Bromadiolone.
    35    (iii) Difenacoum.
    36    (iv) Difethialone.
    37    (3)  "Wildlife  habitat area" means any park, wetland, wetland buffer,
    38  nature reserve or preserve, or wildlife refuge managed by a state  agen-
    39  cy,  regional  government,  or  quasi-government agency, or by a special
    40  district.
    41    (4) "Significant adverse effect" means a direct or  indirect  activity
    42  that negatively affects the health or viability of a wildlife population
    43  or that damages or threatens wildlife habitats.
    44    §  4.  This  act shall take effect on the ninetieth day after it shall
    45  have become a law. Effective immediately, the addition, amendment and/or
    46  repeal of any rule or regulation necessary  for  the  implementation  of
    47  this  act  on its effective date are authorized to be made and completed
    48  on or before such effective date.
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