Amd §27-3005, En Con L (as proposed in S.4414-A & A.4943-A)
Relates to permitting the sale or distribution of expanded polystyrene containers that are designed or intended to be used for cold storage for certain tissues, temperature sensitive health and safety samples, cultures, and reagents, and microbial cultures.
STATE OF NEW YORK
________________________________________________________________________
773
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
permitting the sale or distribution of expanded polystyrene containers
that are designed or intended to be used for cold storage for certain
purposes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 27-3005 of the
2 environmental conservation law, as added by a chapter of the laws of
3 2024 amending the environmental conservation law relating to prohibiting
4 the sale or distribution of expanded polystyrene containers that are
5 designed or intended to be used for cold storage, as proposed in legis-
6 lative bills numbers S. 4414-A and A. 4943-A, is amended to read as
7 follows:
8 (c) Expanded polystyrene containers that are not wholly encapsulated
9 or encased within a more durable container and are [designed or intended
10 to be] used for cold storage for:
11 (i) [for] drugs[,] and medical devices[, and biological materials] as
12 defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301
13 et seq.); [or]
14 (ii) animal biologics, including vaccines, bacterins, antisera, diag-
15 nostic kits, and other products of biological origin, and other packag-
16 ing materials regulated by the United States department of agriculture
17 under the virus, serum, toxin act (21 U.S.C. 151-159), including
18 vaccines[.];
19 (iii) tissues as defined in section forty-three hundred sixty of the
20 public health law or biological products as defined in the federal
21 Public Health Service Act (42 U.S.C. Sec 262);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02914-01-5
S. 773 2
1 (iv) temperature-sensitive samples, cultures or specialized laboratory
2 reagents requiring cold storage during shipment, either delivered to or
3 received from:
4 (A) the department of agriculture and market's food laboratory pursu-
5 ant to its duties under the agriculture and markets law; or
6 (B) laboratories for testing to help ensure human health, animal
7 health, and/or food safety pursuant to statutory or regulatory require-
8 ments of, or standards established under, programs administered by the
9 department, the department of health, the department of agriculture and
10 markets, the United States department of agriculture and/or the United
11 States food and drug administration; or
12 (v) microbial cultures used for dairy, meat, or fermented beverage
13 manufacturing and requiring cold storage during shipment or delivery to
14 dairy or meat processing plants or breweries and wineries as defined in
15 section three of the alcoholic beverage control law.
16 § 2. Subparagraphs (iii), (iv) and (v) of paragraph (c) of subdivision
17 1 of section 27-3005 of the environmental conservation law, as added by
18 section one of this act, are amended to read as follows:
19 (iii) tissues as defined in section forty-three hundred sixty of the
20 public health law or biological products as defined in the federal
21 Public Health Service Act (42 U.S.C. Sec 262); or
22 (iv) temperature-sensitive samples, cultures or specialized laboratory
23 reagents requiring cold storage during shipment, either delivered to or
24 received from:
25 (A) the department of agriculture and market's food laboratory pursu-
26 ant to its duties under the agriculture and markets law; or
27 (B) laboratories for testing to help ensure human health, animal
28 health, and/or food safety pursuant to statutory or regulatory require-
29 ments of, or standards established under, programs administered by the
30 department, the department of health, the department of agriculture and
31 markets, the United States department of agriculture and/or the United
32 States food and drug administration[; or
33 (v) microbial cultures used for dairy, meat, or fermented beverage
34 manufacturing and requiring cold storage during shipment or delivery to
35 dairy or meat processing plants or breweries and wineries as defined in
36 section three of the alcoholic beverage control law].
37 § 3. Subparagraphs (ii), (iii) and (iv) of paragraph (c) of subdivi-
38 sion 1 of section 27-3005 of the environmental conservation law, subpar-
39 agraph (ii) as amended by section one of this act and subparagraphs
40 (iii) and (iv) as amended by section two of this act, are amended to
41 read as follows:
42 (ii) animal biologics, including vaccines, bacterins, antisera, diag-
43 nostic kits, and other products of biological origin, and other packag-
44 ing materials regulated by the United States department of agriculture
45 under the virus, serum, toxin act (21 U.S.C. 151-159), including
46 vaccines; or
47 (iii) tissues as defined in section forty-three hundred sixty of the
48 public health law or biological products as defined in the federal
49 Public Health Service Act (42 U.S.C. Sec 262)[; or
50 (iv) temperature-sensitive samples, cultures or specialized laboratory
51 reagents requiring cold storage during shipment, either delivered to or
52 received from:
53 (A) the department of agriculture and market's food laboratory pursu-
54 ant to its duties under the agriculture and markets law; or
55 (B) laboratories for testing to help ensure human health, animal
56 health, and/or food safety pursuant to statutory or regulatory require-
S. 773 3
1 ments of, or standards established under, programs administered by the
2 department, the department of health, the department of agriculture and
3 markets, the United States department of agriculture and/or the United
4 States food and drug administration].
5 § 4. This act shall take effect immediately; provided, however, that
6 section one of this act shall take effect on the same date and in the
7 same manner as a chapter of the laws of 2024 amending the environmental
8 conservation law relating to prohibiting the sale or distribution of
9 expanded polystyrene containers that are designed or intended to be used
10 for cold storage, as proposed in legislative bills numbers S. 4414-A and
11 A. 4943-A, takes effect; provided further, however, that section two of
12 this act shall take effect January 1, 2030; and provided further, howev-
13 er, that section three of this act shall take effect January 1, 2035.
