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1997 PRL Annual Report - Appendix A

Chapter 279, Laws of 1996 as Amended

The Pesticide Reporting Law (PRL) was enacted on July 8, 1996. The law includes amendments to the Environmental Conservation Law (ECL), Public Health Law, Tax Law, and State Finance Law. Title 12 of the law covers PESTICIDE SALES AND USE DATA BASE AND RECORD KEEPING AND REPORTING requirements. Title 12 became effective on January 1, 1997.

On June 20, 1997, an amendment was adopted to the last sentence of ECL 33-1205.2 (a) to read as follows: Every person who sells or offers for sale restricted use pesticides to private applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. The department shall not use the [information obtained] REPORTS FILED pursuant to this [title] PARAGRAPH for enforcement purposes.

On July 18, 1997, amendments were made to the Public Health Law added by the PRL, in relation to establishing a prostate and testicular cancer detection and education advisory council. In addition, a new Title 1C was added to the Public Health Law. The State Finance Law was amended by adding a new section, in relation to creating a prostate and testicular cancer research and education fund.

AMENDMENTS TO ARTICLE 33 OF THE ENVIRONMENTAL CONSERVATION LAW

§33-0714- Water quality monitoring for pesticides.
§33-1201- Pesticide sales and use computer data base.
§33-1203- Access to pesticide information.
§33-1205- Record keeping and reporting.
§33-1207- Record keeping and reporting by importers and manufacturers.

AMENDMENTS TO ARTICLE 24 OF THE PUBLIC HEALTH LAW

§2410- Health research science board.
§2411- Powers and duties of the board.
§2412- Agency implementation
§2413- Biennial report.
§2415- Prostate and Testicular Cancer Detection and Education Advisory Council; Establishment.
§2416- Advisory council.
§2417- Annual report.

AMENDMENTS TO THE TAX LAW

§209-D - Gift for breast cancer research and education.
§627 - Gift for breast cancer research and education.

AMENDMENTS TO THE STATE FINANCE LAW

§97-yy- Breast Cancer research and education fund.
§97-ccc Prostate and testicular cancer research and education fund.

TITLE 7--REGISTRATION OF PESTICIDES

§33-0714. Water quality monitoring for pesticides

The department, in coordination with the United States Geological Survey, National Water Quality Assessment Program, the New York State Water Resources Institute, and other parties, shall conduct a water quality monitoring program to provide an adequate understanding of the health and environmental impacts of pesticide use in the state. The department shall utilize this program, as it deems necessary, in: making pesticide registration decisions; reviewing suspensions and cancellations of pesticide registrations in the state; and assessing the status, trends, and health impacts of any pesticide contamination of ground and surface waters on Long Island and throughout the state.

TITLE 12--PESTICIDE SALES AND USE DATA BASE AND RECORD KEEPING AND REPORTING

§33-1201. Pesticide sales and use computer data base

1. a. The department shall develop a pesticide sales and use computer data base in conjunction with Cornell University. The data base shall be maintained at the department.

b. Such data base shall consist of all information compiled from reports submitted to the department pursuant to sections 33-1205 and 33-1207 of this title. Such reports shall be entered into and maintained on a computerized data base and shall be updated annually. Information obtained for and contained in the data base shall be accessible by interested parties only to the extent permitted pursuant to the provisions of subdivision two of this section and paragraph a of subdivision 1 of section 33-1203 of this title.

2. The commissioner shall prepare an annual report summarizing pesticide sales, quantity of pesticides used, category of applicator and region of application. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed. The report shall be submitted to the governor, the temporary president of the senate and the speaker of the assembly, and shall be made available to all interested parties. The first report shall be submitted on July first, nineteen hundred ninety-eight and on July first annually thereafter.

§33-1203. Access to pesticide information

1. a. The commissioner shall, upon written request of an interested party, in printed form or on a diskette in computerized data base format, provide the information on pesticides submitted to the department pursuant to sections 33-1205 and 33-1207 of this title. Such information shall be provided by county or counties, or five-digit zip code or codes as selected by the interested party making the written request. The commissioner shall not provide the name, address, or any other information which would otherwise identify a commercial or private applicator, or any person who sells or offers for sale restricted use or general use pesticides to a private applicator, or any person who received the services of a commercial applicator. In accordance with article six of the public officers law, proprietary information contained within such record, including price charged per product, shall not be disclosed. The provisions of this paragraph shall not apply to the provision of pesticide data to the commissioner of health, the health research science board and researchers pursuant to title one-B of article twenty-four of the public health law.

b. The department shall, upon request from the New York State Department of Health, compile pesticide application information by nine-digit zip code and provide the information to the commissioner of health for researchers entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law provided, however, if the nine-digit zip code cannot be determined, the information shall be compiled by town or city.

2. The fees for copies of information shall not exceed twenty-five cents per photocopy not in excess of nine inches by fourteen inches, or the actual cost of reproducing any information.

§33-1205. Record keeping and reporting

1. All commercial applicators shall maintain pesticide use records for each pesticide application containing the following:

  1. EPA registration number;
  2. product name;
  3. quantity of each pesticide used;
  4. date applied;
  5. location of application by address (including five-digit zip code).

Such records shall be maintained for a period of not less than three years. All commercial applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. All commercial applicators shall also maintain corresponding records of the dosage rates, methods of application and target organisms for each pesticide application. These records shall be maintained on an annual basis and retained for a period of not less than three years and shall be available for inspection upon request by the department.

2. a. Every person who sells or offers for sale restricted use pesticides to private applicators shall issue a record to the private applicator of each sale of a restricted use pesticide or a general use pesticide used in agricultural crop production to such applicator. Such record of each sale shall include the following:

  1. EPA registration number;
  2. product name of the pesticide purchased;
  3. quantity of the pesticide purchased;
  4. date purchased;
  5. location of intended application by address (including five-digit zip code) or if address is unavailable by town or city (including five-digit zip code) if the location of intended application differs from the billing address that appears on the record.

Every person who sells or offers for sale restricted use pesticides to private applicators shall file, at least annually, a report or reports containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year. The department shall not use the reports filed pursuant to this paragraph for enforcement purposes.

b. All private applicators shall maintain, at a minimum, records of the restricted pesticides purchased, crop treated by such, method of application, and date of application or applications. This information shall be maintained on an annual basis and retained for a minimum of three years, and shall be available for inspection upon request by the department.

c. A private applicator shall, upon request, within six months, provide site-specific information relating to pesticide applications to any researcher entitled to receive information pursuant to paragraph (d) of subdivision one of section twenty-four hundred eleven of the public health law, provided, however, such request shall not be granted during planting and harvesting unless at a time and in a manner that is mutually convenient.

§33-1207. Record keeping and reporting by importers and manufacturers

1. Each person manufacturing or compounding a registered restricted use pesticide in this state, or importing or causing a registered restricted use pesticide to be imported into this state for use, distribution, or storage, shall maintain records of all sales within the state during the preceding year of each restricted use pesticide product which he or she has imported, manufactured or compounded. The record of each restricted use pesticide product shall include:

  1. EPA registration number;
  2. b. container size; and
  3. c. number of containers sold to New York purchasers.

2. Such records shall be maintained for a period of not less than three years. All manufacturers and importers shall file an annual report containing such information with the department on computer diskette or in printed form on or before February first for the prior calendar year.

PUBLIC HEALTH LAW

ARTICLE 24--CONTROL OF MALIGNANT DISEASES
TITLE 1-B--HEALTH RESEARCH SCIENCE BOARD

§2410. Health research science board

1. There is hereby established in the department the health research science board. The board shall be a body of eleven scientists each of whom shall have either an M.D., D.O., Ph.D., or Dr.P.H. in one of the following fields: biochemistry, biology, biostatistics, chemistry, epidemiology, genetics, immunology, medicine, microbiology, molecular biology, nutrition, oncology, reproductive endocrinology, or toxicology and must currently be engaged in treating patients or conducting health research. The members shall be appointed in the following manner: two shall be appointed by the temporary president of the senate and one by the minority leader of the senate; two shall be appointed by the speaker of the assembly and one by the minority leader of the assembly; five shall be appointed by the governor. In addition, the governor shall appoint three non-voting ex officio members to the board, one of whom shall be the commissioner of the department, or his or her designee, one of whom shall be the commissioner of the department of environmental conservation, or his or her designee, and one of whom shall be the director of the Cornell University Institute for Comparative and Environmental Toxicology, or his or her designee; and the board shall appoint two non-voting ex officio members, one of whom shall be a person who has or has survived breast cancer and one of whom shall be a person who has or has survived prostate or testicular cancer. The governor shall designate the chair of the board. The governor, temporary president of the senate, minority leader of the senate, speaker of the assembly, and minority leader of the assembly may solicit recommendations from the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, and the National Academy of Sciences for appointments to the board.

2. All members shall serve for terms of three years and may be reappointed, such terms to commence July first and expire June thirtieth; provided, however, that of the eleven members first appointed, three such members, one appointed by the governor, one appointed by the temporary president of the senate and one appointed by the speaker of the assembly, shall be appointed for terms of one year, and three such members, one appointed by the governor, one appointed by the temporary president of the senate, and one appointed by the speaker of the assembly shall be appointed for a term of two years.

The board shall convene on or before September first, nineteen hundred ninety-seven.

3. Any member, after notice and an opportunity to be heard, may be removed by the governor for neglect of duty or malfeasance in office. Any member who fails to attend three consecutive meetings of the board, unless excused by formal vote of the board, shall be deemed to have vacated his or her position.

4. Any vacancy in the board shall be filled for the unexpired term in the same manner as the original appointment.

5. A majority of the voting members of the board shall constitute a quorum for the transaction of any business or the exercise of any power or function of the board.

6. Members of the board shall not receive compensation for their services as members, but shall be allowed their actual and necessary expenses incurred in the performance of their duties.

§2411. Powers and duties of the board

1. The board shall:

  1. Survey state agencies, boards, programs and other state governmental entities to assess what, if any, relevant data has been or is being collected which may be of use to researchers engaged in breast, prostate or testicular cancer research;
  2. Consistent with the survey conducted pursuant to paragraph (a) of this subdivision, compile a list of data collected by state agencies which may be of assistance to researchers engaged in breast, prostate or testicular cancer research as established in section twenty-four hundred twelve of this title;
  3. Consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, the National Academy of Sciences and other organizations or entities which may be involved in cancer research to solicit both information regarding breast, prostate and testicular cancer research projects that are currently being conducted and recommendations for future research projects;
  4. Review requests made to the commissioner for access to information pursuant to paragraph b of subdivision one of section 33-1203 and paragraph c of subdivision two of section 33-1205 of the environmental conservation law for use in human health related research projects. Such data shall only be provided to researchers engaged in human health related research. The request made by such researchers shall include a copy of the research proposal or the research protocol approved by their institution and copies of their institution's Institutional Review Board (IRB) or equivalent review board approval of such proposal or protocol. In the case of research conducted outside the auspices of an institution by a researcher previously published in a peer-reviewed scientific journal, the board shall request copies of the research proposal and shall deny access to the site-specific and nine-digit zip code pesticide data if the board determines that such proposal does not follow accepted scientific practice for the design of a research project. The board shall establish guidelines to restrict the dissemination by researchers of the name, address or other information that would otherwise identify a commercial applicator or private applicator or any person who receives the services of a commercial applicator;
  5. Solicit, receive, and review applications from public and private agencies and organizations and qualified research institutions for grants from the breast cancer research and education fund, created pursuant to section ninety-seven-yy of the state finance law, to conduct research or educational programs which focus on the causes, prevention, screening, treatment and cure of breast cancer and may include, but are not limited to basic, behavioral, clinical, demographic, environmental, epidemiologic and psycho social research. The board shall make recommendations to the commissioner, and the commissioner shall, in his or her discretion, grant approval of applications for grants from those applications recommended by the board. The board shall consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, the National Academy of Sciences, breast cancer advocacy groups, and other organizations or entities which may be involved in breast cancer research to solicit both information regarding breast cancer research projects that are currently being conducted and recommendations for future research projects. As used in this section, "qualified research institution" may include academic medical institutions, state or local government agencies, public or private organizations within this state, and any other institution approved by the department, which is conducting a breast cancer research project or educational program. If a board member submits an application for a grant from the breast cancer research and education fund, he or she shall be prohibited from reviewing and making a recommendation on the application;
  6. Consider, based on evolving scientific evidence, whether a correlation exists between pesticide use and pesticide exposure. As part of such consideration the board shall make recommendations as to methodologies which may be utilized to establish such correlation;
  7. After two years of implementation of pesticide reporting pursuant to section 33-1205 of the environmental conservation law, the board shall compare the percentage of agricultural crop production general use pesticides being reported to the total amount of such pesticides being used in this state as estimated by Cornell University, Cornell Cooperative Extension, the department of environmental conservation, and the Environmental Protection Agency;
  8. Meet at least six times in the first year, at the request of the chair and at any other time as the chair deems necessary. The board shall meet at least four times a year thereafter. Provided, however, that at least one such meeting a year shall be a public hearing, at which the general public may question and present information and comments to the board with respect to the operation of the health research science board, the breast cancer research and education fund, the prostate and testicular cancer research and education fund and pesticide reporting established pursuant to sections 33-1205 and 33-1207 of the environmental conservation law. At such hearing, the commissioner of the department of environmental conservation or his or her designee shall make a report to the board with respect to the efficiency and utility of pesticide reporting established pursuant to sections 33-1205 and 33-1207 of the environmental conservation law.

2. The commissioner shall request that the department of environmental conservation compile information pursuant to paragraph b of subdivision one of section 33-1203 of the environmental conservation law as necessary to fulfill board approved requests, pursuant to paragraph (d) of subdivision one of this section.

3. The commissioner shall provide the board with such staff assistance and support services as are necessary for the board to perform the functions required of it under this section.

§2412. Agency implementation

All state agencies, including, but not limited to, the departments of agriculture and markets, environmental conservation, and health, shall review their programs and operations (pursuant to guidelines established by the board) to determine whether they currently collect data which may be of use to researchers engaged in breast, prostate or testicular cancer research. Any agency collecting such data shall forward a description of the data to the health research science board.

§2413. Biennial report

The commissioner shall submit a report on or before January first commencing in nineteen hundred ninety-nine, and biennially thereafter, to the governor, the temporary president of the senate and the speaker of the assembly concerning the operation of the health research science board. Such report shall include recommendations from the health research science board including, but not limited to, the types of data that would be useful for breast, prostate or testicular cancer researchers and whether private citizen use of residential pesticides should be added to the reporting requirements. The report shall also include a summary of research requests granted or denied. In addition, such report shall include an evaluation by the commissioner, the commissioner of the department of environmental conservation and the health research science board of the basis, efficiency and scientific utility of the information derived from pesticide reporting pursuant to sections 33-1205 and 33-1207 of the environmental conservation law and recommend whether such system should be modified or continued. The report shall include a summary of the comments and recommendations presented by the public at the board's public hearings.

§2415. Prostate and testicular cancer detection and education advisory council; establishment.

There is hereby created within the department the prostate and testicular cancer detection and education advisory council. This council is established to promote screening and detection of prostate and testicular cancer among unserved or underserved populations, to educate the public regarding prostate and testicular cancer and the benefits of early detection, and to provide counseling and referral services. For purposes of this section, "unserved or under-served populations" shall mean persons having inadequate access and financial resources to obtain prostate and testicular cancer screening and detection services, including persons who lack health insurance or whose health insurance coverage is inadequate.

§2416. Advisory council

1. There is hereby established in the department the prostate and testicular cancer detection and education advisory council to be composed of thirteen members who shall be appointed in the following manner: two shall be appointed by the temporary president of the senate and one by the minority leader of the senate; two shall be appointed by the speaker of the assembly and one by the minority leader of the assembly; seven shall be appointed by the governor. The governor shall designate the chair of the advisory council. The members of the council shall be representative of the public, persons with prostate or testicular cancer, local health departments, health care providers, and recognized experts in the provision of health services to men, cancer research, or environmental health.

The members of the council shall serve for a term of two years to commence on July first. Replacements or reappointments thereafter shall be made at the expiration of the term of each member, by the appointing official who originally appointed such member. Vacancies shall be filled by appointment in like manner for unexpired terms.

2. The advisory council shall be responsible for advising the commissioner with respect to the implementation of this title, including, but not limited to:

  1. promotion of early detection of prostate and testicular cancer, including:
    1. testicular self-examination instruction and discussion of its importance as a lifelong personal health activity;
    2. dissemination of information regarding the incidence of prostate and testicular cancer, the risk factors associated with prostate and testicular cancer and the benefits of early detection and treatment; and
    3. clinical examination;
  2. promotion of counseling and information on treatment options and referral for appropriate medical treatment;
  3. dissemination of information to unserved and underserved populations, to the general public and to health care professionals concerning prostate and testicular cancer, the benefits of early detection and treatment, and the availability of prostate and testicular cancer screening services;
  4. identification of local prostate and testicular cancer screening services;
  5. dissemination of information regarding counseling and referral services to individuals diagnosed with prostate or testicular cancer; and
  6. an evaluation component to assist in determining if the program accomplishes its stated objectives.

3. The advisory council shall perform an evaluation of early detection and treatment of prostate and testicular cancer within the state and shall submit to the legislature and the governor a report detailing its findings and recommendations concerning the state`s response to the incidence of prostate and testicular cancer. Such report shall be submitted no later than January first, nineteen hundred ninety-nine. The department shall provide such information and assistance as the advisory council shall require in order to complete its report.

4. The advisory council shall meet at least three times a year, at the request of the chair.

5. The members of the council shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in performance of their duties.

§2417 Annual report

The commissioner shall submit on or before december first, an annual report to the governor and the legislature concerning the operation of the prostate and testicular cancer detection and education advisory council. Such report shall include any recommendations for additional action to respond to the high incidence of prostate and testicular cancer in this state.

TAX LAW

§209-D. Gift for breast cancer research and education.

Effective for any tax year commencing on or after January first, nineteen hundred ninety-six, a taxpayer in any taxable year may elect to contribute to the support of the breast cancer research and education fund. Such contribution shall be in any whole dollar amount and shall not reduce the amount of the state tax owed by such taxpayer. The commissioner shall include space on the corporate income tax return to enable a taxpayer to make such contribution. Notwithstanding any other provision of law, all revenues collected pursuant to this section shall be credited to the breast cancer research and education fund and shall be used only for those purposes enumerated in section ninety-seven-yy of the state finance law.

§627. Gift for breast cancer research and education

Effective for any tax year commencing on or after January first, nineteen hundred ninety-six, an individual in any taxable year may elect to contribute to the breast cancer research and education fund. Such contribution shall be in any whole dollar amount and shall not reduce the amount of state tax owed by such individual. The commissioner shall include space on the personal income tax return to enable a taxpayer to make such contribution. Notwithstanding any other provision of law all revenues collected pursuant to this section shall be credited to the breast cancer research and education fund and used only for those purposes enumerated in section ninety-seven-yy of the state finance law.

STATE FINANCE LAW

§ 97-yy. Breast cancer research and education fund.

1. There is hereby established in the joint custody of the commissioner of taxation and finance and the comptroller, a special fund to be known as the "breast cancer research and education fund".

2. Such fund shall consist of all revenues received by the department of taxation and finance, pursuant to the provisions of section two hundred nine-D and section six hundred twenty-seven of the tax law and all other moneys appropriated, credited, or transferred thereto from any other fund or source pursuant to law. Nothing contained herein shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law.

3. Monies of the fund shall be expended only for breast cancer research and educational projects. As used in this section, "breast cancer research and education projects" means scientific research or educational projects which, pursuant to section two thousand four hundred eleven of the public health law, are approved by the department of health, upon the recommendation of the health research science board.

4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the commissioner of health.

5. To the extent practicable, the commissioner of health shall ensure that all monies received during a fiscal year are expended prior to the end of the fiscal year.

§ 97-ccc. Prostate and testicular cancer research and education fund.

1. There is hereby established in the joint custody of the commissioner of taxation and finance and the comptroller, a special fund to be known as the "prostate and testicular cancer research and education fund".

2. Such fund shall consist of all revenues received pursuant to an appropriation by the legislature and all other moneys appropriated, credited, or transferred thereto from any other fund or source pursuant to law. Nothing contained herein shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law.

3. Monies of the fund shall be expended only for prostate and testicular cancer research and educational projects. As used in this section, "prostate and testicular cancer research and education projects" means scientific research or educational projects which are approved by the department of health and shall include but not be limited to:

  1. establishment of a public education and outreach campaign to publicize prostate and testicular cancer detection and education services, including the extent of coverage for such services by health insurance, the medical assistance program and other public and private programs;
  2. compilation of data concerning the prostate and testicular cancer detection and education program and dissemination of the data to the public;
  3. development of professional education programs including the benefits of early detection of prostate and testicular cancer and the recommended frequency of the test and examination therefor; and
  4. to further the goals and duties of the prostate and testicular cancer detection and education advisory council established in section twenty-four hundred fifteen of the public health law.

4. Monies shall be payable from the fund on the audit and warrant of the comptroller on vouchers approved and certified by the commissioner of health.

5. To the extent practicable, the commissioner of health shall ensure that all monies received during a fiscal year are expended prior to the end of that fiscal year.


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