§ 33-1301 — Unlawful acts

New York § 33-1301

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 13: Unlawful Acts
• Art. 33: Pesticides

Text

§ 33-1301. Unlawful acts.\n It shall be unlawful:\n 1. For any person to distribute, sell, offer for sale or use within\nthis state or deliver for transportation or transport in intrastate\ncommerce or between points within this state through any point outside\nthis state any of the following:\n a. Any pesticide which has not been registered pursuant to the\nprovisions of this article or any pesticide if any of the claims made\nfor it or any of the directions for its use differ in substance from the\nrepresentations made in connection with its registration, or if the\ncomposition of a pesticide differs from its composition as represented\nin connection with its registration; provided that in the discretion of\nthe commissioner a change in the labeling or formula of a pesticide may\nbe made within a registration period without requiring reregistration of\nthe product.\n * b. Except as specified in regulation authorizing alternative\npesticide containers, any pesticide unless it:\n (1) is in the registrant's or the manufacturer's unbroken immediate\ncontainer, and there is affixed to such container, and to the outside\ncontainer or wrapper of the retail package, if there be one, through\nwhich the required information on the immediate container cannot be\nclearly read, a label bearing (i) the name and address of the\nmanufacturer, registrant, or person for whom manufactured;\n (ii) the name, brand, or trade-mark under which said article is sold;\nand\n (iii) the net weight or measure of the content; subject, however, to\nsuch reasonable variations as the commissioner may permit; or\n (2) meets the requirements of subparagraph one of this paragraph\nexcept that the container has been accidently damaged during handling\nprior to sale and the damage has been repaired by such person in\naccordance with his or her own specific "minor repair program" approved\nby the United States environmental protection agency pursuant to its\nOctober ninth, two thousand nine pesticide container repair interim\npolicy. A copy of the approved program shall be forwarded to the\ndepartment within thirty days of approval and shall be kept at the\nperson's place of business and be available for department review upon\nrequest.\n * NB Effective until July 1, 2026\n * b. Except as specified in regulation authorizing alternative\npesticide containers, any pesticide unless it is in the registrant's or\nthe manufacturer's unbroken immediate container, and there is affixed to\nsuch container, and to the outside container or wrapper of the retail\npackage, if there be one, through which the required information on the\nimmediate container cannot be clearly read, a label bearing:\n (1) The name and address of the manufacturer, registrant, or person\nfor whom manufactured;\n (2) The name, brand, or trade-mark under which said article is sold;\nand\n (3) The net weight or measure of the content; subject, however, to\nsuch reasonable variations as the commissioner may permit.\n * NB Effective July 1, 2026\n c. Any pesticide which contains any substance or substances in\nquantities highly toxic to man, determined as provided in section\n33-0303, unless the label shall bear, in addition to any other matter\nrequired by this article:\n (1) The skull and crossbones;\n (2) The word "poison" prominently, in red, on a background of\ndistinctly contrasting color; and\n (3) A statement of an antidote for the pesticide.\n d. The pesticide commonly known as standard lead arsenate, basic lead\narsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc\narsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate,\nunless they have been distinctly colored or discolored as provided by\nregulations issued in accordance with this article, or any other white\npowder pesticide which the commissioner, after investigation of and\nafter public hearing on the necessity for such action for the protection\nof the public health and the feasibility of such coloration or\ndiscoloration, shall, by regulation, require to be distinctly colored or\ndiscolored; unless it has been so colored or discolored; provided, that\nthe commissioner may exempt any pesticide to the extent that it is\nintended for a particular use or uses from the coloring or discoloring\nrequired or authorized by this section if he determines that such\ncoloring or discoloring for such use or uses is not necessary for the\nprotection of the public health.\n e. Any pesticide which is adulterated or misbranded.\n 2. For any person to detach, alter, deface, or destroy, in whole or in\npart, any label or labeling provided for in this article or regulations\npromulgated hereunder, or to add any substance to, or take any substance\nfrom, a pesticide in a manner that may defeat the purpose of this\narticle.\n 3. For any person to use for his own advantage or to reveal, other\nthan to the commissioner or proper officials or employees of the state\nor to the courts of this state in response to a subpoena, or to\nphysicians, or in emergencies to pharmacists and other qualified\npersons, for use in the preparation of antidotes, any information\nrelative to formulas of products acquired by authority of this article.\n 4. For any person to store or dispose of any pesticide, or of any\ncontainer which holds or has held a pesticide, except in compliance with\nthe rules and regulations of the commissioner.\n 5. For any person to distribute, sell, offer for sale, purchase for\nthe purpose of re-sale, or possess for the purpose of re-sale any\nrestricted use pesticide without a commercial permit issued by the\ncommissioner.\n 6. For a commercial permit holder to sell restricted use pesticides\nexcept to the holder of a non-cancelled purchase permit or to the holder\nof a commercial permit or a certified applicator.\n 7. For any person to purchase or possess, except for the purpose of\nre-sale, or use any restricted use pesticide without a purchase permit\nissued by the commissioner or without being a certified applicator.\n 8. For any person to engage in application of pesticides without a\npesticide applicator certificate registration issued by the\ncommissioner, except while working under the direct supervision of a\ncertified applicator.\n 8-a. For any person or business to engage in the business of applying\npesticides unless the business is registered by the commissioner.\n 9. For any person to use 2,4-D (2,4-Dichlorophenoxyacetic acid),\n2,4-5-T (Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4\nChlorophenoxyacetic acid) within or in proximity to an affected area, in\nviolation of an order of the commissioner prohibiting or restricting\nsuch use.\n 10. For any person to remove or dispose of a seized or quarantined\npesticide by sale or otherwise without the commissioner's permission.\n 11. In cities with a population of one million or more, it shall be\nunlawful to use any pesticide containing the active ingredient\n4-aminopyridine, including but not limited to Avitrol.\n 12. For any state department, agency, public benefit corporation or\nany pesticide applicator employed thereby as a contractor or\nsubcontractor to apply glyphosate on state property, provided that the\napplication of glyphosate on state property is permitted only for (a)\ndirect application in circumstances when there is no actual or\nsignificant threat of direct human exposure and no effective and\npracticable alternative, and (b) for the following uses, pursuant to\nregulations promulgated by the department:\n (i) to maintain critical infrastructure;\n (ii) to manage roadside vegetation to ensure public safety;\n (iii) habitat management for the control of invasive species\nidentified pursuant to title seventeen of article nine of this chapter,\npests of significant public health importance, noxious weeds designated\nby the department as injurious to ecosystem health, and the protection\nof critical native plant species; and\n (iv) for research purposes to develop sustainable alternatives for\nagricultural and environmental usages, as well as research regarding the\nenvironmental motility of glyphosate.\n The department shall post information on its website regarding\nglyphosate usage pursuant to this section, including amount and\nlocation, by April first of each year.\n 13. a. It shall be unlawful for any person to apply or treat outdoor\nornamental plants and turf, except for the production of agricultural\ncommodities or structural commercial applications within one foot of a\nbuilding foundation perimeter to manage structural pests provided that\nthe application is not conducted on any blooming plant, with a pesticide\ncontaining:\n (1) the active ingredients imidacloprid, thiamethoxam or acetamiprid\non or after December thirty-first, two thousand twenty-six;\n (2) the active ingredients clothianidin or dinotefuran effective\nDecember thirty-first, two thousand twenty-four.\n b. (1) The provisions of paragraph a of this subdivision shall not\napply where the department, by written order, determines that:\n (i) a valid environmental emergency exists;\n (ii) the pesticide would be effective in addressing the environmental\nemergency; and\n (iii) no other, less harmful pesticide or pest management practice\nwould be effective in addressing the environmental emergency.\n (2) Any such order shall include the basis for the department's\ndetermination and specify the approved time period, geographic scope,\nand purpose of the permitted use of such pesticide. An order issued\npursuant to this section shall be valid for a period not to exceed one\nyear.\n c. The provisions of this subdivision shall not apply to pesticide\napplications by, or under the supervision of, a certified applicator for\ntreatment against invasive species affecting woody plants.\n d. For the purposes of this subdivision "environmental emergency"\nmeans: an occurrence of any pest which presents a significant risk of\nharm or injury to the environment, or significant harm, injury, or loss\nto agricultural crops, including, but not limited to, any exotic or\nforeign pest.\n e. Applicators using a pesticide containing the active ingredients\nimidacloprid, thiamethoxam, acetamiprid, clothianidin, or dinotefuran\npursuant to paragraph b or c of this subdivision must take a department\napproved neonicotinoid course annually and maintain a record of this\ncourse for three years.\n