New York Assembly Bill A03066 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3066 2025-2026 Regular Sessions  IN ASSEMBLY 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: 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. 24 § 3. Section 33-1301 of the environmental conservation law is amended 25 by adding a new subdivision 14 to read as follows: 26 14. For any person to use any pesticide classified as a total release 27 fogging pesticide in multi-unit dwellings. 28 § 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