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S07532 Summary:

BILL NOS07532C
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSRKAVANAGH
 
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--C
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 22, 2025
                                       ___________
 
        Introduced  by Sens. HARCKHAM, KAVANAGH -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation -- recommitted to the Committee on Environmental  Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11733-09-6

        S. 7532--C                          2
 
     1  pets exposed to anticoagulants that poison control centers receive calls
     2  for each year.
     3    §  3. Section 33-1301 of the environmental conservation law is amended
     4  by adding a new subdivision 14 to read as follows:
     5    14. a.  Except as provided in paragraph  b  of  this  subdivision,  no
     6  person,  business,  or entity shall sell, offer for sale, distribute, or
     7  use any pesticide containing first-generation anticoagulant rodenticides
     8  (FGARs) or second-generation anticoagulant rodenticides  (SGARs)  within
     9  the state.  This prohibition applies to all forms of sale, including but
    10  not limited to retail establishments, agricultural suppliers, and online
    11  or  digital  marketplaces serving customers located in  the state unless
    12  such a purchaser or user has a valid purchase  permit  or  certification
    13  identification card pursuant to section 33-0903 of this article.
    14    b.   (1) The prohibitions set forth in paragraph a of this subdivision
    15  shall not apply where a public safety risk, a risk to  critical  infras-
    16  tructure,  or specific agricultural circumstances exist, as described in
    17  paragraph c of this subdivision.
    18    (2) The commissioner, in consultation with the commissioner of  health
    19  and  the commissioner of agriculture and markets, shall promulgate regu-
    20  lations to govern the exceptions pursuant to this  paragraph  and  para-
    21  graph  c of this subdivision. Such regulations shall require that alter-
    22  native pest control methods are exhausted prior to the use of  FGARs  or
    23  SGARs  and  shall prohibit any application within five hundred feet of a
    24  designated wildlife habitat area.
    25    c. The prohibitions in paragraph a of this subdivision shall not apply
    26  to the use of FGARs or SGARs by pesticide applicators certified pursuant
    27  to section 33-0905 of this article,  and  commercial  pesticide  techni-
    28  cians, or commercial pesticide apprentices acting under the instructions
    29  and  control  of  a  pesticide  applicator certified pursuant to section
    30  33-0905 of this article, who is  available  if  and  when  needed,  even
    31  though  such certified pesticide applicator is not physically present at
    32  the time and place the pesticide is applied for an  agricultural  activ-
    33  ity, defined in section three hundred one of the agriculture and markets
    34  law, when conducted in any of the following locations:
    35    (1)  Warehouses  used  for  the storage of foods intended for human or
    36  animal consumption;
    37    (2)  Agricultural  food,  beverage  and   condiment   processing   and
    38  production sites;
    39    (3) Agricultural production sites housing water storage and conveyance
    40  facilities; or
    41    (4)  Agricultural  production  sites  housing  rights-of-way and other
    42  transportation infrastructure.
    43    d. For the purposes of this subdivision the following terms shall have
    44  the following meanings:
    45    (1) "First-generation anticoagulant rodenticide" or "FGAR"  means  any
    46  pesticide product containing any of the following active ingredients:
    47    (i) Diphacinone.
    48    (ii) Warfarin.
    49    (iii) Chlorophacinone.
    50    (2)  "Second-generation anticoagulant rodenticide" or "SGAR" means any
    51  pesticide product containing any of the following active ingredients:
    52    (i) Brodifacoum.
    53    (ii) Bromadiolone.
    54    (iii) Difenacoum.
    55    (iv) Difethialone.

        S. 7532--C                          3

     1    (3) "Wildlife habitat area" means any park, conservation area, wetland
     2  buffer zone, nature preserve, or wildlife refuge.
     3    (4)  "Alternative  pest  control  methods"  means non-chemical control
     4  measures, including but not limited to habitat modification,  exclusion,
     5  and sanitation, as well as physical control measures such as snap traps,
     6  zap traps, live traps, repellants, owl boxes, and rodent birth control.
     7    §  4. This act shall take effect one year after it shall have become a
     8  law. Effective immediately, the addition, amendment and/or repeal of any
     9  rule or regulation necessary for the implementation of this act  on  its
    10  effective date are authorized to be made and completed on or before such
    11  effective date.
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