public policy

New York

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Current Legislative/Regulatory Issues

New York Less Than The Label Rate Bill Dies

Currently, in New York it is illegal to use less than the label rate (LTLR). Section 2 (ee) of FIFRA allows the use of pesticides in a manner inconsistent with its labeling (such as applying at less than label rates). But states may further restrict the use of pesticides by enacting state requirements that do not contradict the federal labeling. In New York, commercial applicators need to obtain Department of Environmental Conservation (DEC) approval for applying at less than label rates. NY S 1626 failed and would’ve brought New York in line with the other 49 States. NPMA, NYPMA, and SPAR Gil Bloom are making the passage of this bill a priority in 2017.

NY S 158—Phase-out state use of pesticides

Aims to rely on non-chemical pest control strategies. It would end pesticide applications on state-owned lands (public housing, state universities, prisons, etc.) even for contractors or sub-contractors (i.e. private sector structural pest control applicators). Notable exemptions include: 1. rodent bait stations 2. If the pest situation possesses an immediate threat to human health, an applicator my apply for a one-time single use permit to use a pesticide 3. A single use permit may also be permitted if there are no viable alternatives to a pesticide.    

NY S 7445—Prohibiting the nonemergency application of a pesticide or lawn care pesticide within any municipal/State park lands or historic preservation site

A 72 hour notice must be provided to the public on the premise and on the Office of State Parks/Historic Preservation’s website.  Notable exemptions include: tamper resistant bait stations.

NY S 7391—Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides

A bill was recently introduced that would prevent the application of three insecticides under certain circumstances. Of the three insecticides only sumithrin is in our use patterns. As proposed in the bill, the circumstances where we could not use sumithrin include:

-(a) within one hundred feet of any school, day care center or park; or

-(b) on other property when children are commuting to and from school and engaged in outdoor activity.

NY A 8191 and 9956—Prohibits mandatory arbitration agreements

We recently defeated a bill of this nature in Tennessee. One of many bills aiming to curb or prohibit arbitration agreements in NY. Will continue to monitor all of them. 

State Policy Affairs Representative (S.P.A.R.), Gil Bloom

The NPMA State Policy Affairs Representative is the key liaison responsible for coordinating issues between associations. To contact your state SPAR click on their email below.