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S09094 Summary:

BILL NOS09094
 
SAME ASSAME AS A10074
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd §33-1301, En Con L
 
Prohibits the use of any pesticide product containing paraquat dichloride or any other chemical form of paraquat.
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S09094 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9094
 
                    IN SENATE
 
                                    February 3, 2026
                                       ___________
 
        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
          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.
    26    8.  Other studies suggest a possible link with exposure to paraquat to
    27  increased risk of non-Hodgkin lymphoma, renal  cancer,  thyroid  cancer,
    28  and childhood leukemia.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14468-02-6

        S. 9094                             2
 
     1    9.  In  2021,  as  part  of  a product registration review of paraquat
     2  required under the Federal Insecticide, Fungicide, and  Rodenticide  Act
     3  (FIFRA),  the  EPA  issued  an  interim decision approving the continued
     4  registration of paraquat for use in the United States, despite  multiple
     5  public   comments  objecting  to  approval  and  significant  scientific
     6  evidence regarding the potential health effects of paraquat exposure.
     7    10. Multiple parties subsequently petitioned for  judicial  review  of
     8  the  EPA's  interim  decision authorizing the continued registration and
     9  use of paraquat. In particular, the challenging  parties  contested  the
    10  EPA's  assessment  of  the  increased risk of Parkinson's disease due to
    11  exposure to paraquat from volatilization during use.
    12    11. In January 2025, after a motion from the EPA, a court placed  that
    13  case  in  abeyance so that the EPA may reconsider its initial conclusion
    14  concerning the potential for paraquat to  volatilize  and  to  determine
    15  whether paraquat continues to meet FIFRA's registration standard.
    16    12.  The  EPA's  reevaluation  of the risks of paraquat is expected to
    17  take years, and the EPA's  further  evaluation  does  not  prohibit  the
    18  continued use of paraquat during that review period.
    19    13.  Instead  of waiting for EPA action on whether or how to use para-
    20  quat, the state of New York should ban the use of paraquat in  order  to
    21  protect  New Yorkers from the known, significant health effects of expo-
    22  sure to paraquat.
    23    § 2. Section 33-1301 of the environmental conservation law is  amended
    24  by adding a new subdivision 14 to read as follows:
    25    14.  a.  It  shall  be  unlawful  for  any person to distribute, sell,
    26  purchase, or use for any purpose any pesticide product containing  para-
    27  quat dichloride or any other chemical form of paraquat.
    28    b.  As  used  in  this  section, "paraquat" means a pesticide with CAS
    29  number 4685-14-7 and any salt of that chemical, including methyl  violo-
    30  gen  (CAS  number  1910-42-5)  and paraquat bismethylsulfate (CAS number
    31  2074-50-2).
    32    § 3. This act shall take effect January 1, 2027.
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