S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3066
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, LEVENBERG -- read once and referred to
   the Committee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   restricting the use of total release fogging pesticides
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The legislature hereby finds that
 total release pesticide foggers, otherwise known as "bug bombs," present
 a dangerous health risk to communities.  They fill an area with insecti-
 cide by releasing the complete pressurized contents of cans in a  widely
 distributed  fine  mist. Adverse health effects to total release foggers
 are frequent and exposures to insecticidal foggers are  more  likely  to
 result in adverse health outcomes, such as pesticide poisoning and asth-
 ma, than exposures to other pesticide products.  Restricting the sale of
 pesticide  foggers  to  consumers will reduce their use by ensuring only
 personnel trained to understand and follow the restrictions  will  apply
 them.  Furthermore,  eliminating  their use in multi-unit buildings will
 protect the health and well-being of residents of those  buildings  from
 dangerous effects of these products.
   §  2.  Subdivision 1 of section 33-1301 of the environmental conserva-
 tion law is amended by adding a new paragraph f to read as follows:
   F. ANY PESTICIDE CLASSIFIED AS  A  TOTAL  RELEASE  FOGGING  PESTICIDE,
 UNLESS:
   (1)  THE  PURCHASER  IS  LICENSED  AS A CERTIFIED COMMERCIAL PESTICIDE
 APPLICATOR, CERTIFIED RESIDENTIAL  PESTICIDE  APPLICATOR,  OR  CERTIFIED
 COMMERCIAL PESTICIDE TECHNICIAN IN THE STATE OF NEW YORK; OR
   (2)  THE  PURCHASER IS LICENSED IN AN EQUIVALENT MANNER IN A JURISDIC-
 TION WITH RECIPROCITY WITH THE STATE OF NEW YORK, AS DETERMINED  BY  THE
 DEPARTMENT.
   §  3. Section 33-1301 of the environmental conservation law is amended
 by adding a new subdivision 14 to read as follows:
   14. FOR ANY PERSON TO USE ANY PESTICIDE CLASSIFIED AS A TOTAL  RELEASE
 FOGGING PESTICIDE IN MULTI-UNIT DWELLINGS.
   § 4. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06345-01-5