Add Art 37 Title 11 §37-1101, amd §§33-1301 & 71-3703, En Con L; amd §3, Chap of 2023 (as proposed in
S.1856-A & A.7640)
Provides for the regulation of certain coated and treated seeds; requires the department of environmental conservation and the department of agriculture and markets to review the latest scientific information concerning certain pesticide active ingredients.
STATE OF NEW YORK
________________________________________________________________________
8031
IN SENATE
January 5, 2024
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to regu-
lation of certain coated or treated seeds; to amend a chapter of the
laws of 2023 amending the environmental conservation law relating to
enacting the birds and bees protection act, as proposed in legislative
bills numbers S. 1856-A and A. 7640, in relation to a study to identi-
fy practicable and feasible alternatives to certain pesticides
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 37 of the environmental conservation law is amended
2 by adding a new title 11 to read as follows:
3 TITLE 11
4 REGULATION OF COATED OR TREATED SEEDS
5 Section 37-1101. Unlawful acts.
6 § 37-1101. Unlawful acts.
7 1. Beginning January first, two thousand twenty-nine, it shall be
8 unlawful for any person to sell, offer for sale or use, or distribute
9 within the state any corn, soybean or wheat seeds coated or treated with
10 pesticides, as defined in subdivision thirty-five of section 33-0101 of
11 this chapter, with the active ingredients clothianidin, imidacloprid,
12 thiamethoxam, or any other neonicotinoid as determined by the department
13 in regulation unless a valid waiver is issued by the department to the
14 user pursuant to subdivision two of this section.
15 2. The commissioner in consultation with the commissioner of agricul-
16 ture and markets may issue a waiver to allow the use of such seeds for
17 the production of agricultural commodities.
18 (a) No such waiver shall be valid for more than two years.
19 (b) Such waiver shall be granted only if at a minimum the following
20 conditions are met:
21 (i) the farm owner must complete an integrated pest management train-
22 ing;
23 (ii) a pest risk assessment and a pest risk assessment report must be
24 completed;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02118-08-4
S. 8031 2
1 (iii) any such seeds may only be planted on the farm property or prop-
2 erties identified in the pest risk assessment report; and
3 (iv) the farm owner must maintain current records of such pest risk
4 assessment report and records of when treated seeds are planted, both of
5 which shall be subject to review upon request by the department.
6 (c) The commissioner in consultation with the commissioner of agricul-
7 ture and markets shall promulgate any appropriate regulations prior to
8 undertaking this waiver process.
9 (d) The department shall annually report to the legislature on the
10 number of waivers granted.
11 § 2. Subdivision 13 of section 33-1301 of the environmental conserva-
12 tion law, as added by a chapter of the laws of 2023 amending the envi-
13 ronmental conservation law relating to enacting the birds and bees
14 protection act, as proposed in legislative bills numbers S. 1856-A and
15 A. 7640, is amended to read as follows:
16 13. a. [Beginning January first, two thousand twenty-seven, for any
17 person to sell, offer for sale or use, or distribute within the state
18 any corn, soybean or wheat seeds coated or treated with pesticides with
19 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
20 furan, or acetamiprid; provided, however, that the commissioner may, by
21 written order, temporarily suspend the provisions of this paragraph at
22 any time based on the commissioner's determination, after consulting
23 with the commissioner of agriculture and markets, that there is an
24 insufficient amount of commercially available seed to adequately supply
25 the agriculture market that has not been treated with pesticides with
26 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
27 furan or acetamiprid or the purchase of seed that complies with the
28 requirements of this paragraph would result in undue financial hardship
29 to agricultural producers. The commissioner, in consultation with the
30 commissioner of agriculture and markets, shall publish such written
31 order on or before October first next succeeding the date upon which it
32 shall become law and reevaluate any such determination on an annual
33 basis. By October first of each year, the commissioner shall publish a
34 written directive a s to whether there shall be such temporary suspen-
35 sion for the forthcoming year. Any such temporary suspension shall spec-
36 ify the type of seed included and shall apply for one calendar year.
37 b. (1) No person shall] It shall be unlawful for any person to apply
38 or treat outdoor ornamental plants and turf, except for the production
39 of agricultural commodities or structural commercial applications within
40 one foot of a building foundation perimeter to manage structural pests
41 provided that the application is not conducted on any blooming plant,
42 with a pesticide containing:
43 [(i)] (1) the active ingredients imidacloprid, thiamethoxam or aceta-
44 miprid on or after [July first] December thirty-first, two thousand
45 [twenty-five] twenty-six;
46 [(ii)] (2) the active ingredients clothianidin or dinotefuran effec-
47 tive [immediately] December thirty-first, two thousand twenty-four.
48 [(2) a.] b. (1) The provisions of [this] paragraph a of this subdivi-
49 sion shall not apply where the [commissioner] department, by written
50 order, determines that:
51 (i) a valid environmental emergency exists;
52 (ii) the pesticide would be effective in addressing the environmental
53 emergency; and
54 (iii) no other, less harmful pesticide or pest management practice
55 would be effective in addressing the environmental emergency.
S. 8031 3
1 [b.] (2) Any such order shall include the basis for the [commission-
2 er's] department's determination and specify the approved time period,
3 geographic scope, and purpose of the permitted use of such pesticide.
4 An order issued pursuant to this section shall be valid for a period not
5 to exceed one year.
6 [(3)] c. The provisions of this [paragraph] subdivision shall not
7 apply to pesticide applications by, or under the supervision of, a
8 certified applicator for treatment against invasive species [in] affect-
9 ing woody plants.
10 [c.] d. For the purposes of this subdivision "environmental emergency"
11 means: an occurrence of any pest which presents a significant risk of
12 harm or injury to the environment, or significant harm, injury, or loss
13 to agricultural crops, including, but not limited to, any exotic or
14 foreign pest [which may need preventative quarantine measures to avert
15 or prevent that risk, as determined by the department in consultation
16 with the department of agriculture and markets].
17 e. Applicators using a pesticide containing the active ingredients
18 imidacloprid, thiamethoxam, acetamiprid, clothianidin, or dinotefuran
19 pursuant to paragraph b or c of this subdivision must take a department
20 approved neonicotinoid course annually and maintain a record of this
21 course for three years.
22 § 3. Section 71-3703 of the environmental conservation law is amended
23 by adding a new subdivision 7 to read as follows:
24 7. Any person who violates any of the provisions of, or who fails to
25 perform any duty imposed by section 37-1101 of this chapter or any rule
26 or regulation promulgated pursuant hereto, shall be liable for a civil
27 penalty not to exceed one thousand dollars for each day during which
28 such violation continues, and in addition thereto, such person may be
29 enjoined from continuing such violation. Such person shall for a second
30 violation be liable to the people of the state for a civil penalty not
31 to exceed two thousand five hundred dollars for each day during which
32 such violation continues.
33 § 4. Section 3 of a chapter of the laws of 2023 amending the environ-
34 mental conservation law relating to enacting the birds and bees
35 protection act, as proposed in legislative bills numbers S. 1856-A and
36 A. 7640, is amended to read as follows:
37 § 3. The department of environmental conservation[, in consultation
38 with] and the department of agriculture and markets[,] in consultation
39 with New York state's land grant university[, and state university of
40 New York college of environmental science and forestry] shall conduct a
41 study to identify practicable and feasible alternatives to the use of
42 pesticides containing the active ingredients clothianidin, imidacloprid,
43 thiamethoxam, dinotefuran or acetamiprid. The results of the study
44 shall be submitted to the governor, the temporary president of the
45 senate and the speaker of the assembly on or before January 1, 2026 and
46 shall be posted on the department's public website.
47 § 5. This act shall take effect on the same date and in the same
48 manner as a chapter of the laws of 2023 amending the environmental
49 conservation law relating to enacting the birds and bees protection act,
50 as proposed in legislative bills numbers S. 1856-A and A. 7640, takes
51 effect.
