BILL NUMBER: S2002

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
expanding the definition of "pesticide" to include seeds that have been
coated or treated with an insecticide

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 35 of section 33-0101 of the
environmental conservation law, as added by chapter 685 of the laws of
1978 and renumbered by chapter 612 of the laws of 1983 to add "any seeds
for planting that have been coated or treated with an insecticide" to
the definition of "pesticide."

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

              

The process of seed coating entails covering seeds with insecticide in
an effort to repel pests as the plant grows. The pesticide grows with
the plant in its tissue. The most common types of seed coatings are
neonicotinoids, a class of chemicals that scientists have identified as
a likely cause of widespread pollinator decline. The seed coating proc-
ess began in the early 2000s, as neonicotinoids were first becoming
popular. It has become a widely used process used by farmers across the
country.

Unfortunately, environmentalists and scientists warn that the seed coat-
ing process is overused and dangerous to pollinator stability and human
and environmental health.

According to a study by the University of Pennsylvania, in 2011 neonico-
tinoid seed coating was utilized on 34-44% of the nation's soybeans and
79-100% of corn seed. According to The Center for Food Safety, these
figures conservatively amount for over 100 million acres of cropland, or
about 57% of the total for these crops - covering an area roughly the
size of California.

Many scientists warn that neonicotinoids are highly toxic to bees.  When
the coated seeds are planted tractors cause a dust cloud to appear,
spreading some of the pesticide into the air which settles on the field
or nearby plants. Bees fly through the dust and the chemical sticks to
them, or they forage on wildflowers that are now coated with the chemi-
cal. This can lead to Colony Collapse Disorder, a problem that results
in fewer bees, reduced crop pollination, and inevitably threatens the
livelihood of farmers.

The chemicals have also been found in water sources. In 2015, the U.S.
Geological Survey surveyed streams across the country and found neonico-
tinoids in more than half of its samples, and in April 2017 researchers
at the University of Iowa for the first time found neonicotinoids in
treated tap water. This should pose serious concerns as the full impacts
of this chemical on human and animal health are not yet known, though
preliminary studies on this matter are alarming.


The New York State Department of Environmental Conservation (DEC) has
jurisdiction to regulate Environmental Protection Agency
(EPA)-registered pesticides. However, the EPA excludes pesticide appli-
cation. by seed coating from its definition of pesticide application. As
such, state raw is interpreted to mirror federal policy and excludes the
ability to regulate pesticides used in the seed coating process. This
results in a loophole in pesticide management and a potentially disas-
trous impact on the environment and pollinator health.

For example, in 2005 DEC rejected the Bayer Company's application to
register a pesticide in the neonicotinoid class known as Poncho 600 in
New York, which is used on corn, sorghum, canola, and rapeseed.  DEC
stated in its rejection letter: "Based on the high toxicity of clothian-
idin

Poncho 600's active ingredient and the potential long-term chronic
effects to honey bees, environmental persistence, possible role as an
endocrine disrupter, chronic toxic risk to non-endangered and endangered
small birds, and acute/chronic toxicity to non-endangered and endangered
mammals, Poncho 600 should not be accepted for registration in New
York." It added that the pesticide "appears to have a significant poten-
tial to cause a negative groundwater impact just from use of treated
seed." As a result, Poncho 600 "may not be sold, offered for sale,
distributed, or used in New York State."

DEC acknowledged in its letter that there is no regulatory prohibition
on shipping previously treated seeds into the state, though its concerns
about the pesticide persist even if seeds are treated in other states.
Consequently, this interstate sale of seeds coated with Poncho 600
continues to be very common and the pesticide's widespread use continues
in New York.

The European Union placed a temporary ban on neonicotinoids for use as
seed coating in 2013 due to concerns over pollinator decline, and since
then has not experienced any decline in overall crop production. Ontar-
io, Canada has established a goal of reducing neonicotinoid-treated corn
and soybean seed by 80k from 2015 to 2017, stating the need to take a
precautionary approach. As these locations have shown, effective alter-
natives to neonicotinoids exist, such as Integrated Pest Management
(IPM) strategies.

This bill would address this regulatory loophole by giving DEC the
explicit authority to regulate seed coating, allowing the state to
further restrict the use of pesticides it already deems dangerous to the
environment, drinking water, bees, and human health.

 
PRIOR LEGISLATIVE HISTORY:

S.6341 of 2017-2018 (Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.