NY Env Conserv L § 33-1301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 33 - Pesticides Title 13 - Unlawful Acts 33-1301 - Unlawful Acts.

§ 33-1301. Unlawful acts.   It shall be unlawful:   1.  For  any  person to distribute, sell, offer for sale or use within this state or deliver for  transportation  or  transport  in  intrastate commerce  or  between points within this state through any point outside this state any of the following:   a. Any pesticide  which  has  not  been  registered  pursuant  to  the provisions  of  this  article or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with  its  registration,  or  if  the composition  of  a pesticide differs from its composition as represented in connection with its registration; provided that in the discretion  of the  commissioner a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.   * b.  Except  as  specified  in  regulation  authorizing   alternative pesticide containers, any pesticide unless it:  (1)  is  in  the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and  to  the  outside container  or  wrapper  of  the retail package, if there be one, through which the required information on  the  immediate  container  cannot  be clearly  read,  a  label  bearing  (i)  the  name  and  address  of  the manufacturer, registrant, or person for whom manufactured;  (ii) the name, brand, or trade-mark under which said article is  sold; and  (iii)  the  net weight or measure of the content; subject, however, to such reasonable variations as the commissioner may permit; or  (2) meets the requirements  of  subparagraph  one  of  this  paragraph except  that  the  container has been accidently damaged during handling prior to sale and the  damage  has  been  repaired  by  such  person  in accordance  with his or her own specific "minor repair program" approved by the United States environmental protection  agency  pursuant  to  its October  ninth,  two  thousand  nine  pesticide container repair interim policy. A copy of  the  approved  program  shall  be  forwarded  to  the department  within  thirty  days  of  approval  and shall be kept at the person's place of business and be available for department  review  upon request.   * NB Effective until July 1, 2022   * b.   Except  as  specified  in  regulation  authorizing  alternative pesticide containers, any pesticide unless it is in the registrant's  or the manufacturer's unbroken immediate container, and there is affixed to such  container,  and  to the outside container or wrapper of the retail package, if there be one, through which the required information on  the immediate container cannot be clearly read, a label bearing:  (1)  The  name  and address of the manufacturer, registrant, or person for whom manufactured;  (2) The name, brand, or trade-mark under which said article  is  sold; and  (3)  The  net  weight  or measure of the content; subject, however, to such reasonable variations as the commissioner may permit.   * NB Effective July 1, 2022   c. Any  pesticide  which  contains  any  substance  or  substances  in quantities  highly  toxic  to  man,  determined  as  provided in section 33-0303, unless the label shall bear, in addition to  any  other  matter required by this article:  (1) The skull and crossbones;  (2)  The  word  "poison"  prominently,  in  red,  on  a  background of distinctly contrasting color; and  (3) A statement of an antidote for the pesticide.   d.  The pesticide commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate,  magnesium  arsenate,  zinc  arsenate,  zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless  they  have  been distinctly colored or discolored as provided by regulations issued in accordance with this article, or any  other  white powder  pesticide  which  the  commissioner,  after investigation of and after public hearing on the necessity for such action for the protection of  the  public  health  and  the  feasibility  of  such  coloration  or discoloration, shall, by regulation, require to be distinctly colored or discolored;  unless it has been so colored or discolored; provided, that the commissioner may exempt any pesticide  to  the  extent  that  it  is intended  for  a particular use or uses from the coloring or discoloring required or authorized by  this  section  if  he  determines  that  such coloring  or  discoloring  for such use or uses is not necessary for the protection of the public health.   e. Any pesticide which is adulterated or misbranded.   2. For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this article or  regulations promulgated hereunder, or to add any substance to, or take any substance from,  a  pesticide  in  a  manner  that  may defeat the purpose of this article.   3. For any person to use for his own advantage  or  to  reveal,  other than  to  the commissioner or proper officials or employees of the state or to the courts of  this  state  in  response  to  a  subpoena,  or  to physicians,  or  in  emergencies  to  pharmacists  and  other  qualified persons, for use  in  the  preparation  of  antidotes,  any  information relative to formulas of products acquired by authority of this article.   4.  For  any  person  to  store or dispose of any pesticide, or of any container which holds or has held a pesticide, except in compliance with the rules and regulations of the commissioner.   5. For any person to distribute, sell, offer for  sale,  purchase  for the  purpose  of  re-sale,  or  possess  for  the purpose of re-sale any restricted use pesticide without  a  commercial  permit  issued  by  the commissioner.   6.  For  a  commercial permit holder to sell restricted use pesticides except to the holder of a non-cancelled purchase permit or to the holder of a commercial permit or a certified applicator.   7. For any person to purchase or possess, except for  the  purpose  of re-sale,  or  use any restricted use pesticide without a purchase permit issued by the commissioner or without being a certified applicator.   8. For any person to engage in application  of  pesticides  without  a pesticide    applicator   certificate   registration   issued   by   the commissioner, except while working under the  direct  supervision  of  a certified applicator.   8-a.  For any person or business to engage in the business of applying pesticides unless the business is registered by the commissioner.   9. For any  person  to  use  2,4-D  (2,4-Dichlorophenoxyacetic  acid), 2,4-5-TTrichlorophenoxyacetic   acid)   or   MCP   (2   Methyl,   4 Chlorophenoxyacetic acid) within or in proximity to an affected area, in violation of an order of the  commissioner  prohibiting  or  restricting such use.   10.  For  any  person  to remove or dispose of a seized or quarantined pesticide by sale or otherwise without the commissioner's permission.   11. In cities with a population of one million or more,  it  shall  be unlawful   to   use  any  pesticide  containing  the  active  ingredient 4-aminopyridine, including but not limited to Avitrol.    * 12. For any state department, agency, public benefit corporation  or any   pesticide   applicator   employed   thereby  as  a  contractor  or subcontractor to apply glyphosate on state property, provided  that  the application  of  glyphosate  on state property is permitted only for (a) direct   application  in  circumstances  when  there  is  no  actual  or significant threat  of  direct  human  exposure  and  no  effective  and practicable  alternative,  and  (b)  for the following uses, pursuant to regulations promulgated by the department:  (i) to maintain critical infrastructure;  (ii) to manage roadside vegetation to ensure public safety;  (iii)  habitat  management  for  the  control  of   invasive   species identified  pursuant to title seventeen of article nine of this chapter, pests of significant public health importance, noxious weeds  designated by  the  department as injurious to ecosystem health, and the protection of critical native plant species; and  (iv) for research purposes to  develop  sustainable  alternatives  for agricultural and environmental usages, as well as research regarding the environmental motility of glyphosate.   The  department  shall  post  information  on  its  website  regarding glyphosate  usage  pursuant  to  this  section,  including  amount   and location, by April first of each year.   * NB Effective December 31, 2021