Establishes requirements for the display of pesticides offered for sale in retail food selling establishments and requirements for non-food selling establishments; authorizes local governments to regulate pesticide display and storage authorized by this section more restrictively than the commissioner of environmental conservation.
STATE OF NEW YORK
________________________________________________________________________
5637
2015-2016 Regular Sessions
IN ASSEMBLY
March 3, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, SCHIMEL -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
display and storage of pesticides offered for retail sale
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 33-0902 to read as follows:
3 § 33-0902. Display and storage of pesticides offered for retail sale.
4 1. Requirements for display and storage of general use pesticides
5 offered for sale in retail food selling establishments. a. All general
6 use pesticide products which are offered for sale and sold in retail
7 food selling establishments shall be:
8 (1) displayed in a manner that clearly identifies the products as
9 pesticides;
10 (2) isolated from food products in a manner that prevents contam-
11 ination from pesticide product spills, leaks or air emissions; and
12 (3) stored in locked areas which:
13 (i) are structurally separated from office and general work areas and
14 posted with pesticide storage warning signs;
15 (ii) have adequate vapor venting capability;
16 (iii) are capable of containing spills of the total volume stored;
17 (iv) have appropriate fire, spill and first aid containment equipment;
18 (v) have emergency water supplies; and
19 (vi) segregated by pesticidal function, flammability and combustibili-
20 ty, in manufacturer's original container with clear labeling.
21 b. Restricted use pesticides shall not be sold in retail food selling
22 establishments.
23 c. All persons having access to the storage area for general use
24 pesticides shall be trained in appropriate safety and emergency proce-
25 dures for the pesticides stored.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09019-01-5
A. 5637 2
1 d. All sellers of pesticides in retail food selling establishments
2 shall annually notify the local fire department of the types, quantities
3 and location of pesticides stored, provide the local fire departments,
4 rescue squads and local hospitals with their emergency response plan and
5 maintain a current inventory of the pesticides in storage.
6 e. Local governments may regulate general use pesticide display and
7 storage in retail food selling establishments, as authorized by this
8 section, more restrictively than the commissioner.
9 2. Requirements for display and storage of pesticides offered for sale
10 in non-food selling establishments. a. Retail establishments which offer
11 for sale and sell general use pesticide products but do not sell food,
12 shall meet all requirements contained in subdivision one of this
13 section, except that restricted use pesticides may be offered for sale
14 and sold if the business has a valid commercial permit issued by the
15 commissioner.
16 b. Retail establishments offering for sale or selling restricted use
17 pesticides shall meet the storage requirements in subdivision one of
18 this section, and in addition, shall meet the following requirements:
19 (1) restricted use pesticides on display shall be kept physically
20 separated from general use products and clearly marked as restricted use
21 pesticides; and
22 (2) at the discretion of the local fire or health department,
23 restricted use pesticides may be required to be stored separately
24 according to their combustibility, flammability or ignitability in a
25 separate building or separated from the remainder of the building by
26 fire-resistant walls and doors or their equivalent, in appropriate
27 container pile volumes, aisle spacing and distances from property bound-
28 aries.
29 c. Local governments may regulate general and restricted use pesticide
30 display and storage in retail establishments which do not sell food, as
31 authorized by this section, more restrictively than the commissioner.
32 However, the commissioner shall retain authority to regulate the sale of
33 restricted use pesticides by commercial permit, pursuant to section
34 33-0901 of this title.
35 § 2. This act shall take effect on the ninetieth day after it shall
36 have become a law.
