Bill Text: NY S03790 | 2025-2026 | General Assembly | Introduced

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Bill Title: Restricts the use of total release fogging pesticides unless 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 the purchaser is licensed in an equivalent manner in a jurisdiction with reciprocity with the state of New York, as determined by the department; restricts the use of total release fogging pesticides in multi-unit dwellings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-01-30 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03790 Detail]

Download: New_York-2025-S03790-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3790

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 30, 2025
                                       ___________

        Introduced  by  Sens.  MYRIE,  HOYLMAN-SIGAL,  KRUEGER -- read twice and
          ordered printed, and when printed to be committed 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:

     1    Section  1.  Legislative  findings.  The legislature hereby finds that
     2  total release pesticide foggers, otherwise known as "bug bombs," present
     3  a dangerous health risk to communities.  They fill an area with insecti-
     4  cide by releasing the complete pressurized contents of cans in a  widely
     5  distributed  fine  mist. Adverse health effects to total release foggers
     6  are frequent and exposures to insecticidal foggers are  more  likely  to
     7  result in adverse health outcomes, such as pesticide poisoning and asth-
     8  ma, than exposures to other pesticide products.  Restricting the sale of
     9  pesticide  foggers  to  consumers will reduce their use by ensuring only
    10  personnel trained to understand and follow the restrictions  will  apply
    11  them.  Furthermore,  eliminating  their use in multi-unit buildings will
    12  protect the health and well-being of residents of those  buildings  from
    13  dangerous effects of these products.
    14    §  2.  Subdivision 1 of section 33-1301 of the environmental conserva-
    15  tion law is amended by adding a new paragraph f to read as follows:
    16    f. Any pesticide classified as  a  total  release  fogging  pesticide,
    17  unless:
    18    (1)  the  purchaser  is  licensed  as a certified commercial pesticide
    19  applicator, certified residential  pesticide  applicator,  or  certified
    20  commercial pesticide technician in the state of New York; or
    21    (2)  the  purchaser is licensed in an equivalent manner in a jurisdic-
    22  tion with reciprocity with the state of New York, as determined  by  the
    23  department.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06345-01-5
        S. 3790                             2

     1    §  3. Section 33-1301 of the environmental conservation law is amended
     2  by adding a new subdivision 14 to read as follows:
     3    14.  For any person to use any pesticide classified as a total release
     4  fogging pesticide in multi-unit dwellings.
     5    § 4. This act shall take effect immediately.