Provides for the use of least toxic pesticides and restricts the use of anti-microbial pesticides and biopesticides

15 Co-sponsors

• Eric Adams
• Neil D. Breslin
• Ruben Diaz
• Martin Malavé Dilan
• Thomas K. Duane
• Ruth Hassell-Thompson
• Liz Krueger
• Carl Kruger
• Hiram Monserrate
• Velmanette Montgomery
• George Onorato
• Suzi Oppenheimer
• John L. Sampson
• Toby Ann Stavisky
• Antoine M. Thompson

Title of bill

An act to amend the environmental conservation law, in relation to the use of certain highly toxic pesticides

Purpose

To ban the use of the most highly toxic chemical pesticides, except when necessary, to maintain safe drinking water supplies, for rodent control, or for public health or structural emergencies; or if using anti microbial or biopesticides or exempt materials as defined by the U.S. Environmental Protection Agency.

Summary of provisions

Section One. The legislature finds that it is in the public interest to ban the use of the most highly toxic chemical pesticides because their limited benefits do not justify their environmental and health costs. 2. Defines "anti-microbial pesticide", defines "biopesticide", defines "least-toxic pesticides" 3. Makes it unlawful to use the most highly toxic chemical pesticides; specifically those classified by U.S. EPA or the DEC Commissioner as: endocrine disrupters, immunotoxins, or chronic neurotoxins; disrupters of human reproduction and development; a restricted use pesticide because of certain environmental hazards; containing a hazardous inert ingredient; and containing the active ingredient 4-amino pyridine. Provides for the following exemptions: when necessary for maintaining safe drinking water supplies; anti microbial pesticides; biopesticides; least-toxic pesticides; pesticides classified as exempt materials by U.S. EPA; and pesticides used to respond to public health and structural emergencies.

Existing law

Current law prohibits the use of specifically named pesticides, not categories of pesticides.

Justification

The limited benefits derived from the use of highly toxic chemical pesticides are not great enough to warrant their widespread use, given their high health and environmental costs. The public health risks associated with the use of many highly toxic pesticides include:

cancer, nervous system damage, development and reproductive abnormalities, hormone disruption, and immune suppression. The environmental risks threaten the safety of groundwater and impair the ability of many plants and wildlife to survive. Inert ingredients can constitute as much as 99% or more of a pesticide product; but they are not identified on product labels and are by no means innocuous. In fact, many inert ingredients are highly toxic in their own right. Pesticide use is very widespread. According to the NYS DEC'S pesticide use and sales data, millions of pounds and millions of gallons of pesticides are applied by commercial pesticide applicators and sold to farmers each year. An unknown amount is used by the general public. We can significantly reduce the public health and environmental risks posed by such widespread use of pesticides by banning the most highly toxic ones. Currently government regulators routinely allow pesticides that are known to pose such serious health risks to be used. Banning the worst ones would be a major step in reversing this unwise course and would prevent unwarranted endangerment of public health and environmental quality.

Legislative history

2008 - Referred to Environmental Conservation 2007 - Referred to Environmental Conservation

Fiscal implications

None.

Effective date

This act shall take effect immediately, except that sections one, two and three of this act shall take effect on the one hundred twentieth day after it shall have become a law.