BILL NUMBER:S5471

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale and distribution of glyphosate and products
containing glyphosate

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the sale and distribution of
glyphosate and products containing glyphosate in the state of New
York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 37-0115 to the environmental
conservation law to prohibit the sale, distribution, or use of
glyphosate or any products containing glyphosate by any person, firm,
partnership, association, LLC, or corporation within New York state,
and authorizes the department of environmental conservation to
promulgate rules and regulations necessary to carry implement the
provisions of the act.

Section 2 of the bill provides the effective date.

              

JUSTIFICATION:

Glyphosate is the most widely used herbicide in the world and is found
in over 750 different products. It is primarily used in agriculture
for crops such as corn and soybeans but is also sprayed in forests, on
roads and in gardens to prevent the growth of weeds. Glyphosate is the
main ingredient in the popular Monsanto weed-killer "Roundup," which
is currently sold in stores throughout New York State.  In March 2015,
it was deemed "probably carcinogenic to humans" by the World Health
Organization's International Agency for Research on Cancer. IARC's
analysis drew on studies conducted in the United States, Canada and
Sweden since 2001 and was based on epidemiological, animal and in
vitro studies.

Glyphosate has been detected in the blood and urine of agricultural
workers, indicating it can be absorbed through the body, and has also
been shown to damage DNA and chromosomes in human cells, which can
lead to cancer. Furthermore, a number of studies have found glyphosate
induces a positive trend of tumors in mice and rats.  Glyphosate is
also said to be responsible for the precipitous demise of the
population of Danaus plexippus, or the Monarch butterfly.  Earlier
this year, the Natural Resources Defense Council filed suit against
the Environmental Protection Agency in U.S. District Court in New York
claiming the agency has failed to heed warnings about the dangers to
monarchs posed by glyphosate.

The lawsuit states that a key reason for the decline of monarchs is
the application of glyphosate to farm fields, resulting in the
destruction of the milkweed habitat that migrating monarchs rely on.
The monarch population was tallied at 1 billion in 1997 and this


winter was down to 56.5 million butterflies, the second-lowest number
ever measured.

Given the mounting evidence to link exposure to glyphosate with
cancer, and the detrimental effect of glyphosate on the monarch
butterfly population, New York state should cease the sale and use of
this harmful chemical and turn to a safer alternative to manage weed
populations.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized and
directed to be made and completed on or before such effective date.