S T A T E O F N E W Y O R K
________________________________________________________________________
8733
I N A S S E M B L Y
January 11, 2022
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the environmental conservation
law, in relation to pesticide use prohibited at certain children's
camps
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1396 of the public health law, as added by a chap-
ter of the laws of 2021 amending the public health law and the environ-
mental conservation law relating to prohibiting the use of pesticides at
children's overnight or summer day camp, as proposed in legislative
bills numbers S. 4478-A and A. 528-A, is amended to read as follows:
§ 1396. Pesticide [alternatives] APPLICATIONS. 1. For purposes of
this section "pesticide" shall have the same meaning as set forth in
subdivision thirty-five of section 33-0101 of the environmental conser-
vation law, provided however that [it shall not include] THE FOLLOWING
PESTICIDE APPLICATION SHALL BE EXEMPT:
(a) the application of anti-microbial pesticides [and anti-microbial
products] as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)
(2);
(b) the use of an aerosol product with a directed spray, in containers
of eighteen fluid ounces or less, when used to protect individuals from
an imminent threat from stinging and biting insects, including venomous
spiders, bees, wasps and hornets;
(c) the use of non-volatile insect or rodent bait in a tamper resist-
ant container;
(d) the application of a pesticide classified by the United States
Environmental Protection Agency as an exempt material under 40 CFR Part
152.25;
(e) the use of boric acid and disodium octaborate tetrahydrate; or
(f) the use of horticultural soap and oils that do not contain
synthetic pesticides or synergists.
2. No [camp defined in subdivisions one and two of section thirteen
hundred ninety-two of this article, or children's non-regulated camp
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01974-06-2
A. 8733 2
defined in section three hundred ninety-eight-f of the general business
law,] PERSON shall apply pesticide to any [playgrounds] PLAYGROUND, TURF
OR athletic or playing [fields] FIELD AT ANY CAMP AS DEFINED PURSUANT TO
SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS
ARTICLE, OR CHILDREN'S NON-REGULATED CAMP AS DEFINED PURSUANT TO SECTION
THREE HUNDRED NINETY-EIGHT-F OF THE GENERAL BUSINESS LAW, other than
those on publicly-owned or publicly-leased property in a city of more
than one million, except that: (a) an emergency application of a pesti-
cide may be made by a camp defined in subdivisions one and two of
section thirteen hundred ninety-two of this article as determined by the
county health department or for a county served by a district office of
the department of health, such authority as the county legislature shall
designate, the commissioner or his or her designee; and (b) an emergency
application of a pesticide may be made by a children's non-regulated
camp defined in section three hundred ninety-eight-f of the general
business law as determined by the commissioner or his or her designee.
[If a response to a request for an emergency application of pesticide is
not received by a camp within twenty-four hours, such camp may contract
with a pesticide applicator certified under section 33-0905 of the envi-
ronmental conservation law for a single application of pesticide,
provided that the camp submit documentation of the emergency pesticide
application to the county health department or the commissioner imme-
diately thereafter. Such documentation shall include an explanation of
the emergency, the date on which the camp requested approval for an
emergency application of pesticide, the date and time the pesticide was
applied, the pesticide or pesticides applied, and the name of the certi-
fied pesticide applicator who applied the pesticide.
3. The commissioner shall have the power to exempt from this section
any camp defined in subdivisions one and two of section thirteen hundred
ninety-two of this article to the extent that it is not practicable to
use pesticide alternatives as defined in subdivision one of this
section.]
§ 2. Subdivision 7 of section 33-0303 of the environmental conserva-
tion law, as amended by a chapter of the laws of 2021 amending the
public health law and the environmental conservation law relating to
prohibiting the use of pesticides at children's overnight or summer day
camp, as proposed in legislative bills numbers S. 4478-A and A. 528-A,
is amended to read as follows:
7. The commissioner, in consultation with the commissioner of educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives to facilitate compliance with section four hundred nine-k
of the education law[,] AND three hundred ninety-g of the social
services law [and thirteen hundred ninety-six of the public health law].
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the public health law
and the environmental conservation law relating to prohibiting the use
of pesticides at children's overnight or summer day camp, as proposed in
legislative bills numbers S. 4478-A and A. 528-A, takes effect.