Prohibits the sale and distribution of glyphosate and products containing glyphosate

BILL NUMBER:S5471

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the sale and distribution of glyphosate and products containing glyphosate

Purpose or general idea of bill

The purpose of this bill is to prohibit the sale and distribution of glyphosate and products containing glyphosate in the state of New York.

Summary of specific provisions

Section 1 of the bill adds a new section 37-0115 to the environmental conservation law to prohibit the sale, distribution, or use of glyphosate or any products containing glyphosate by any person, firm, partnership, association, LLC, or corporation within New York state, and authorizes the department of environmental conservation to promulgate rules and regulations necessary to carry implement the provisions of the act.

Section 2 of the bill provides the effective date.

Justification

Glyphosate is the most widely used herbicide in the world and is found in over 750 different products. It is primarily used in agriculture for crops such as corn and soybeans but is also sprayed in forests, on roads and in gardens to prevent the growth of weeds. Glyphosate is the main ingredient in the popular Monsanto weed-killer "Roundup," which is currently sold in stores throughout New York State. In March 2015, it was deemed "probably carcinogenic to humans" by the World Health Organization's International Agency for Research on Cancer. IARC's analysis drew on studies conducted in the United States, Canada and Sweden since 2001 and was based on epidemiological, animal and in vitro studies.

Glyphosate has been detected in the blood and urine of agricultural workers, indicating it can be absorbed through the body, and has also been shown to damage DNA and chromosomes in human cells, which can lead to cancer. Furthermore, a number of studies have found glyphosate induces a positive trend of tumors in mice and rats. Glyphosate is also said to be responsible for the precipitous demise of the population of Danaus plexippus, or the Monarch butterfly. Earlier this year, the Natural Resources Defense Council filed suit against the Environmental Protection Agency in U.S. District Court in New York claiming the agency has failed to heed warnings about the dangers to monarchs posed by glyphosate.

The lawsuit states that a key reason for the decline of monarchs is the application of glyphosate to farm fields, resulting in the destruction of the milkweed habitat that migrating monarchs rely on. The monarch population was tallied at 1 billion in 1997 and this

winter was down to 56.5 million butterflies, the second-lowest number ever measured.

Given the mounting evidence to link exposure to glyphosate with cancer, and the detrimental effect of glyphosate on the monarch butterfly population, New York state should cease the sale and use of this harmful chemical and turn to a safer alternative to manage weed populations.

Prior legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect one year after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.