2023 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, 2024
* 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, 2024
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-T
Trichlorophenoxyacetic   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.
13.  a.  It shall be unlawful for any person to apply or treat outdoor
ornamental plants and turf, except for the  production  of  agricultural
commodities  or  structural commercial applications within one foot of a
building foundation perimeter to manage structural pests  provided  that
the application is not conducted on any blooming plant, with a pesticide
containing:
(1)  the  active ingredients imidacloprid, thiamethoxam or acetamiprid
on or after December thirty-first, two thousand twenty-six;
(2) the  active  ingredients  clothianidin  or  dinotefuran  effective
December thirty-first, two thousand twenty-four.
b.  (1)  The  provisions  of paragraph a of this subdivision shall not
apply where the department, by written order, determines that:
(i) a valid environmental emergency exists;
(ii) the pesticide would be effective in addressing the  environmental
emergency; and
(iii)  no  other,  less  harmful pesticide or pest management practice
would be effective in addressing the environmental emergency.
(2) Any such order  shall  include  the  basis  for  the  department's
determination  and  specify  the approved time period, geographic scope,
and purpose of the permitted use of  such  pesticide.  An  order  issued
pursuant  to  this section shall be valid for a period not to exceed one
year.
c. The provisions of this subdivision shall  not  apply  to  pesticide
applications by, or under the supervision of, a certified applicator for
treatment against invasive species affecting woody plants.
d.  For  the  purposes  of  this subdivision "environmental emergency"
means:  an occurrence of any pest which presents a significant  risk  of
harm  or injury to the environment, or significant harm, injury, or loss
to agricultural crops, including, but not  limited  to,  any  exotic  or
foreign pest.
e.  Applicators  using  a  pesticide containing the active ingredients
imidacloprid, thiamethoxam, acetamiprid,  clothianidin,  or  dinotefuran
pursuant  to paragraph b or c of this subdivision must take a department
approved neonicotinoid course annually and maintain  a  record  of  this
course for three years.