Bill Text: NY S03046 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits the importation, manufacture, sale, distribution and use of glue traps, glue boards, and other adhesive-based animal traps.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2025-01-23 - REFERRED TO CONSUMER PROTECTION [S03046 Detail]

Download: New_York-2025-S03046-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3046

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 23, 2025
                                       ___________

        Introduced  by  Sens. BRISPORT, HOYLMAN-SIGAL, MARTINEZ, SALAZAR -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Consumer Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          production, sale and use of adhesive-based animal traps

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  399-tt to read as follows:
     3    §  399-tt.  Adhesive-based  animal  traps;  prohibition.  1.  For  the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "Adhesive-based  animal  trap"  shall  mean  any  device  that  is
     7  designed  or is capable of being used to capture an animal the size of a
     8  rodent or larger, by means of an adhesive substance,  including  devices
     9  commonly known as glue traps, glue boards, and any similar trap.
    10    (b) "Distributor" shall mean any person who delivers to a person other
    11  than a purchaser, for the purpose of retail sale.
    12    (c)  "Exterminator"  shall  mean  a person or entity that is licensed,
    13  certified, permitted or otherwise authorized  under  the  laws  of  this
    14  state  to  provide  rodent and pest control services and any employee or
    15  agent thereof engaging in the provision of such services.
    16    (d) "Insect trap" shall mean any device that is  designed  to  capture
    17  insects by means of an adhesive substance.
    18    (e)  "Manufacturer" shall mean any person, firm, association, partner-
    19  ship, limited liability company, or corporation that produces, prepares,
    20  formulates, or compounds an adhesive-based animal  trap  as  defined  in
    21  this  subdivision. In the case of an adhesive-based animal trap imported
    22  into the United States, "manufacturer" shall mean the importer or  first
    23  domestic distributor of such product if the entity that manufactures the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00528-01-5
        S. 3046                             2

     1  product  or  whose  brand name is affixed to the product does not have a
     2  presence in the United States.
     3    (f)  "Person"  shall mean a natural person, firm, corporation, limited
     4  liability company, association, or an employee or  agent  of  a  natural
     5  person or an entity included in this definition.
     6    (g)  "Retailer"  shall  mean any person or entity who offers adhesive-
     7  based animal traps for sale for use or consumption by  persons  in  this
     8  state,  including  any  such  person or entity that sells adhesive-based
     9  animal traps through catalogs, mail, the telephone, the internet, or any
    10  electronic means.
    11    (h) "Sell" or "sale" shall mean  any  transfer  for  consideration  of
    12  title or the right to use, from a manufacturer, distributor, or retailer
    13  to  a  person,  including,  but  not  limited to, transactions conducted
    14  through retail sales outlets, catalogs, mail, the telephone, the  inter-
    15  net, or any electronic means.
    16    2. Beginning on the effective date of this section and thereafter:
    17    (a)  No  adhesive-based animal traps shall be shipped into this state.
    18  Such prohibition shall apply to all shipments of  adhesive-based  animal
    19  traps  into  New York state and includes importation or distribution for
    20  commercial purposes, for personal use, or otherwise, and irrespective of
    21  whether such adhesive-based animal traps were purchased within or  with-
    22  out the state.
    23    (b)  No  manufacturer, distributor, retailer, common carrier, or other
    24  person shall bring or carry into the  state  any  adhesive-based  animal
    25  trap, nor shall any manufacturer, distributor, retailer, common carrier,
    26  or  any other person accept for delivery, deliver or transport any adhe-
    27  sive-based animal trap to any distributor, retailer, or any other person
    28  located within this state.
    29    (c) Paragraphs (a) and (b) of this  subdivision  shall  apply  to  any
    30  adhesive-based animal trap, either in the original package or otherwise,
    31  whether  intended  for commercial or personal use, as well as otherwise,
    32  and  to  foreign,  interstate,  as  well  as  intrastate,  shipments  or
    33  carriage,  irrespective  of  whether such adhesive-based animal trap was
    34  purchased within or without the state.
    35    (d) No manufacturer or distributor shall  sell,  offer  for  sale,  or
    36  deliver to a retailer for subsequent sale an adhesive-based animal trap,
    37  nor  shall  any  retailer  or  exterminator  purchase, accept, obtain or
    38  otherwise acquire any such adhesive-based animal trap on  or  after  the
    39  effective date of this section.
    40    3.  Beginning  one  year  after the effective date of this section and
    41  thereafter:
    42    (a) No person or entity, or any agent or employee thereof, shall  sell
    43  or  offer  for  sale,  hold for sale or distribute to another person any
    44  adhesive-based animal  trap  as  defined  in  subdivision  one  of  this
    45  section, nor shall any person or entity, or any agent or employee there-
    46  of purchase, acquire, or possess any such adhesive-based animal trap for
    47  commercial or personal use.
    48    (b)  No  person or entity, or any agent or employee thereof shall set,
    49  place, or otherwise use any such adhesive-based animal  trap  or  permit
    50  another  person to set, place or use any such adhesive-based animal trap
    51  to capture or destroy a rat, mouse or other animal.
    52    (c) No person or entity, or any agent or employee thereof, shall  set,
    53  place, or otherwise use insect traps in an outdoor environment, in which
    54  such  devices  are  capable  of capturing birds or other similarly-sized
    55  animals.
    56    (d) Notwithstanding any contrary provision of this section:
        S. 3046                             3

     1    (i) Nothing in this section shall restrict the sale, distribution,  or
     2  use  of insect traps, except as provided in paragraph (c) of this subdi-
     3  vision.
     4    (ii)  A  retailer  having  in its possession any adhesive-based animal
     5  traps purchased or acquired by such retailer prior to the effective date
     6  of this section shall be authorized to sell such  adhesive-based  animal
     7  traps for one year after the effective date of this section; and
     8    (iii)  An  exterminator  having  in  its possession any adhesive-based
     9  animal traps purchased or acquired by such  exterminator  prior  to  the
    10  effective  date of this section shall be authorized to set or place such
    11  adhesive-based animal traps for one year after  the  effective  date  of
    12  this section.
    13    §  2.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.