Relates to repair of damaged pesticide containers

BILL NUMBER:S8128

Title of bill

An act to amend the environmental conservation law, in relation to repair of damaged pesticide containers; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

The purpose of this legislation is to reduce the amount of products such as fertilizer that contain pesticides that may become waste by allowing retailers and distributors to make minor repairs in accordance with US EPA policy.

Summary of specific provisions

Section one make technical changes to the structure of paragraph b of subdivision 1 of section 33-1301 of the Environmental Conservation Law.

The section also provides that pesticide containers that have incurred minor and accidental damage prior to sale may be repaired, in accordance with US EPA policy, and legally sold.

Section two contains the effective date.

Justification

The United States Environmental Protection Agency (U.S. EPA) released its "Pesticide Container Repair Interim Policy" in October 2009 to address the environmental concerns associated with the unnecessary disposal of consumer pesticide products, such as lawn fertilizer containing pesticides.

Specifically, according to the U.S. EPA, approximately five million pounds of consumer pesticide products may become waste each year in the United States due to damage to the containers before the pesticides can be sold by retailers.

According to the U.S. EPA, allowing retailers to repair minor damage to containers under proper conditions would allow the product to be used as intended, rather than disposed of, which is consistent with the U.S. Environmental Protection Agency's long-standing policies of waste minimization and pollution prevention.

This bill would bring New York State into conformity with the "Pesticide Container Repair Interim Policy" issued by the United States Environ- mental Protection Agency. In so doing, this legislation would allow merchants in the State of New York to implement a "minor repair program" for damaged pesticide containers and lawn fertilizers containing pesti- cides provided the company's plan is approved first by the U.S. EPA.

In order for a "minor repair program" to be approved, the proposal must demonstrate that the program maintains product integrity. The repaired containers must have had no appreciable loss of contents or change in

the net contents as indicated on the label, and the physical character- istics of the product must remain unchanged, with no dampening or hard- ening as a result of contact with water or other liquids. Further, the patch or repair itself must not adversely affect product integrity.

The patch or repair to the container must be of a construction, and applied, such that under normal conditions and use of the container the patch or repair remains affixed. The patch or repair must be made of a material with sufficient thickness, durability and strength to prevent leakage during the lite of the container. The patch or repair must not compromise the strength of the container in the area where it is applied. Further, the proposal must demonstrate how the program will ensure that the patch or repair is applied appropriately, such as the development of guidance and conducting training for the people who will be applying the patches or repairs.

This bill, if enacted, would decrease significantly the amount of gener- al use pesticides that are disposed of unnecessarily as hazardous waste in the State of New York.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall expire on March 1, 2012 when upon such date the provisions of this act shall be deemed repealed.