S T A T E O F N E W Y O R K
________________________________________________________________________
4596
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL,
ABINANTI, OTIS, GLICK, BARRETT -- Multi-Sponsored by -- M. of A. FAHY,
GOTTFRIED, HEVESI, J. RIVERA, SOLAGES, STECK, THIELE -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
compilation of data on pesticides
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 33-1201 of the environmental
conservation law, as added by chapter 279 of the laws of 1996, is
amended to read as follows:
2. The commissioner shall prepare an annual report summarizing pesti-
cide sales, quantity of pesticides used, category of applicator and
region of application. PESTICIDE DATA SHALL BE COMPILED AND REPORTED BY
BOTH PRODUCT NAME AND BY ACTIVE INGREDIENT. The commissioner shall not
provide the name, address, or any other information which would other-
wise identify a commercial or private applicator, or any person who
sells or offers for sale restricted use or general use pesticides to a
private applicator, or any person who received the services of a commer-
cial applicator. In accordance with article six of the public officers
law, proprietary information contained within such record, including
price charged per product, shall not be disclosed. The report shall be
submitted to the governor, the temporary president of the senate and the
speaker of the assembly, and shall be made available to all interested
parties. The first report shall be submitted on July first, nineteen
hundred ninety-eight and on [July first] NOVEMBER THIRTIETH annually
thereafter.
§ 2. Paragraph a of subdivision 1 of section 33-1203 of the environ-
mental conservation law, as added by chapter 279 of the laws of 1996, is
amended to read as follows:
a. The commissioner shall, upon written request of an interested
party, in printed OR ELECTRONIC form [or on a diskette in computerized
data base format] , AS REQUESTED BY SUCH PARTY provide the information
on pesticides submitted to the department pursuant to sections 33-1205
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08606-02-1
A. 4596 2
and 33-1207 of this title. Such information shall be provided by county
or counties, or five-digit zip code or codes as selected by the inter-
ested party making the written request. PESTICIDE DATA SHALL BE
PROVIDED BY BOTH PRODUCT NAME AND ACTIVE INGREDIENT. The commissioner
shall not provide the name, address, or any other information which
would otherwise identify a commercial or private applicator, or any
person who sells or offers for sale restricted use or general use pesti-
cides to a private applicator, or any person who received the services
of a commercial applicator. In accordance with article six of the public
officers law, proprietary information contained within such record,
including price charged per product, shall not be disclosed. The
provisions of this paragraph shall not apply to the provision of pesti-
cide data to the commissioner of health, the health research science
board and researchers pursuant to title one-B of article twenty-four of
the public health law.
§ 3. The second undesignated paragraph of subdivision 1 of section
33-1205 of the environmental conservation law, as added by chapter 279
of the laws of 1996, is amended to read as follows:
Such records shall be maintained for a period of not less than three
years. All commercial applicators shall file, at least annually, a
report or reports containing such information with the department [on
computer diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED
BY THE DEPARTMENT CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON
SCANNABLE FORMS DEVELOPED BY THE DEPARTMENT on or before February first
for the prior calendar year. All commercial applicators shall also
maintain corresponding records of the dosage rates, methods of applica-
tion and target organisms for each pesticide application. These records
shall be maintained on an annual basis and retained for a period of not
less than three years and shall be available for inspection upon request
by the department.
§ 4. The closing paragraph of paragraph a of subdivision 2 of section
33-1205 of the environmental conservation law, as amended by chapter 260
of the laws of 1997, is amended to read as follows:
Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report or reports
containing such information with the department [on computer diskette or
in printed form] IN AN ELECTRONIC FORMAT DEVELOPED BY THE DEPARTMENT
CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE FORMS DEVEL-
OPED BY THE DEPARTMENT on or before February first for the prior calen-
dar year. The department shall not use the reports filed pursuant to
this paragraph for enforcement purposes.
§ 5. Subdivision 2 of section 33-1207 of the environmental conserva-
tion law, as added by chapter 279 of the laws of 1996, is amended to
read as follows:
2. Such records shall be maintained for a period of not less than
three years. All manufacturers and importers shall file an annual
report containing such information with the department [on computer
diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED BY THE
DEPARTMENT CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE
FORMS DEVELOPED BY THE DEPARTMENT on or before February first for the
prior calendar year.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.