N.Y. Environmental Conservation Law § 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, 2028

* 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, 2028

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.