Amends chapter 274 of the laws of 2010, relating to repair of damaged pesticide containers, in relation to the effectiveness thereof

BILL NUMBER:S6401A

Title of bill

An act to amend chapter 274 of the laws of 2010, amending the environmental conservation law relating to repair of damaged pesticide containers, in relation to the effectiveness thereof

Purpose

To extend for two years the provision for repair of damaged pesticide containers.

Summary of specific provisions

Section 1 extends the provision until March 2, 2014.

Section 2 is 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 Environmental 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 pesticides 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 characteristics of the product must remain unchanged, with no dampening or hardening 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 general 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 be deemed to have been in full force and effect on and after March 1, 2012.