New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A11301 Summary:

A11301 Actions:

A11301 Floor Votes:

A11301 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11301
 
                   IN ASSEMBLY
 
                                      May 25, 2010
                                       ___________
 
        Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          repair  of  damaged pesticide containers; and providing for the repeal
          of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Paragraph  b  of  subdivision 1 of section 33-1301 of the
     2  environmental conservation law, as amended by chapter 318 of the laws of
     3  1992, is amended to read as follows:
     4    b. Except as specified in regulation authorizing alternative pesticide
     5  containers, any pesticide unless it:
     6    (1) is in the registrant's or the  manufacturer's  unbroken  immediate
     7  container,  and  there  is affixed to such container, and to the outside
     8  container or wrapper of the retail package, if  there  be  one,  through
     9  which  the  required  information  on  the immediate container cannot be
    10  clearly read, a label bearing[:
    11    (1) The] (i) the name and address of the manufacturer, registrant,  or
    12  person for whom manufactured;

    13    [(2) The] (ii) the name, brand, or trade-mark under which said article
    14  is sold; and
    15    [(3)  The]  (iii)  the  net weight or measure of the content; subject,
    16  however, to such reasonable variations as the commissioner may permit;or
    17    (2) meets the requirements  of  subparagraph  one  of  this  paragraph
    18  except  that  the  container has been accidently damaged during handling
    19  prior to sale and the damage has been repaired by such person in accord-
    20  ance with his or her own specific "minor repair program" approved by the
    21  United States environmental protection agency pursuant  to  its  October
    22  ninth,  two  thousand  nine pesticide container repair interim policy. A
    23  copy of the approved program shall be forwarded to the department within

    24  thirty days of approval and shall be kept at the person's place of busi-
    25  ness and be available for department review upon request.
    26    § 2. This act shall take effect immediately and shall expire March  1,
    27  2012  when  upon  such  date  the provisions of this act shall be deemed
    28  repealed.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17290-03-0