Ren S1396 to be S1397, add S1396, Pub Health L; amd S33-0303, En Con L
Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.
STATE OF NEW YORK
________________________________________________________________________
5288--D
2013-2014 Regular Sessions
IN SENATE
May 15, 2013
___________
Introduced by Sens. CARLUCCI, HOYLMAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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 -- recommitted to the Committee on
Health in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law and the environmental conservation
law, in relation to prohibiting the use of pesticides at children's
overnight or summer day camp
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1396 of the public health law is renumbered section
2 1397 and a new section 1396 is added to read as follows:
3 § 1396. Pesticide alternatives. 1. For purposes of this section
4 "pesticide" shall have the same meaning as set forth in subdivision
5 thirty-five of section 33-0101 of the environmental conservation law,
6 provided however that it shall not include:
7 (a) the application of anti-microbial pesticides and anti-microbial
8 products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)
9 (2);
10 (b) the use of an aerosol product with a directed spray, in containers
11 of eighteen fluid ounces or less, when used to protect individuals from
12 an imminent threat from stinging and biting insects, including venomous
13 spiders, bees, wasps and hornets;
14 (c) the use of non-volatile insect or rodent bait in a tamper resist-
15 ant container;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08299-13-4
S. 5288--D 2
1 (d) the application of a pesticide classified by the United States
2 Environmental Protection Agency as an exempt material under 40 CFR Part
3 152.25;
4 (e) the use of boric acid and disodium octaborate tetrahydrate; or
5 (f) the use of horticultural soap and oils that do not contain
6 synthetic pesticides or synergists.
7 2. No camp defined in subdivisions one and two of section thirteen
8 hundred ninety-two of this article shall apply pesticide to any play-
9 grounds, turf, athletic or playing fields, other than those on public-
10 ly-owned or publicly-leased property in a city of more than one million,
11 except that an emergency application of a pesticide may be made as
12 determined by the county health department or for a county not having a
13 health department, such authority as the county legislature shall desig-
14 nate, the commissioner or his or her designee or the commissioner of
15 environmental conservation or his or her designee.
16 3. The commissioner shall have the power to exempt from this section
17 any camp defined in subdivisions one and two of section thirteen hundred
18 ninety-two of this article to the extent that it is not practicable to
19 use pesticide alternatives as defined in subdivision one of this
20 section.
21 § 2. Subdivision 7 of section 33-0303 of the environmental conserva-
22 tion law, as added by chapter 85 of the laws of 2010, is amended to read
23 as follows:
24 7. The commissioner, in consultation with the commissioner of educa-
25 tion and the commissioner of health, shall develop guidance on pesticide
26 alternatives to facilitate compliance with section four hundred nine-k
27 of the education law [and], three hundred ninety-g of the social
28 services law and thirteen hundred ninety-six of the public health law.
29 § 3. This act shall take effect on the one hundred eightieth day after
30 it shall have become a law. Effective immediately the department of
31 health and the department of environmental conservation may promulgate
32 any rule or regulation necessary for the timely implementation of this
33 act on its effective date.
