N.Y. Environmental Conservation Law § 33-0103: Exemptions

§ 33-0103. Exemptions.

1. The provisions of subdivisions 1 through 5 inclusive of section

33-0303 and titles 5, 7, 11, 13 and 15 of this article shall not apply

to:

a. Any carrier while lawfully engaged in transporting a pesticide

within this state, if such carrier shall, upon request, permit the

commissioner or his designated agent to copy all records showing the

transactions in and movement of the articles;

b. The manufacturer or shipper of a pesticide for experimental use

only:

(1) By or under the supervision of an agency of this state or of the

federal government authorized by law to conduct research in the field of

pesticides which has a valid experimental permit issued by the

commissioner, or

(2) By others having a valid experimental permit issued by the

commissioner if the pesticide is not sold and if the container thereof

is plainly and conspicuously marked "For experimental use only--Not to

be sold," together with the manufacturer's name and address. However, if

such a written permit has been obtained from the commissioner,

pesticides may be sold for experimental purposes subject to such

restrictions and conditions as may be set forth in the permit.

2. No article shall be deemed in violation of this article when

intended solely for export to a foreign country, and when prepared or

packed according to the specifications or directions of the purchaser.

If not so exported, all of the provisions of this article shall apply.

3. Notwithstanding any other provision of this article, registration

is not required in the case of a pesticide shipped from one plant within

this state to another plant within this state operated by the same

person.