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S00773 Summary:

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S00773 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           773
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          permitting the sale or distribution of expanded polystyrene containers
          that  are designed or intended to be used for cold storage for certain
          purposes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (c) of subdivision 1 of section 27-3005 of the
     2  environmental conservation law, as added by a chapter  of  the  laws  of
     3  2024 amending the environmental conservation law relating to prohibiting
     4  the  sale  or  distribution  of expanded polystyrene containers that are
     5  designed or intended to be used for cold storage, as proposed in  legis-
     6  lative  bills  numbers  S.  4414-A  and A. 4943-A, is amended to read as
     7  follows:
     8    (c) Expanded  polystyrene containers that are not wholly  encapsulated
     9  or encased within a more durable container and are [designed or intended
    10  to be] used for cold storage for:
    11    (i)  [for] drugs[,] and medical devices[, and biological materials] as
    12  defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec.  301
    13  et seq.); [or]
    14    (ii) animal biologics, including vaccines, bacterins,  antisera, diag-
    15  nostic  kits, and other products of biological origin, and other packag-
    16  ing materials regulated by the United States department  of  agriculture
    17  under  the  virus,  serum,  toxin  act  (21  U.S.C.  151-159), including
    18  vaccines[.];
    19    (iii) tissues as defined in section forty-three hundred sixty  of  the
    20  public  health  law  or  biological  products  as defined in the federal
    21  Public Health Service Act (42 U.S.C. Sec 262);
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02914-01-5
        S. 773                              2
 
     1    (iv) temperature-sensitive samples, cultures or specialized laboratory
     2  reagents requiring cold storage during shipment, either delivered to  or
     3  received from:
     4    (A)  the department of agriculture and market's food laboratory pursu-
     5  ant to its duties under the agriculture and markets law; or
     6    (B) laboratories for testing  to  help  ensure  human  health,  animal
     7  health,  and/or food safety pursuant to statutory or regulatory require-
     8  ments of, or standards established under, programs administered  by  the
     9  department,  the department of health, the department of agriculture and
    10  markets, the United States department of agriculture and/or  the  United
    11  States food and drug administration; or
    12    (v)  microbial  cultures  used  for dairy, meat, or fermented beverage
    13  manufacturing and requiring cold storage during shipment or delivery  to
    14  dairy  or meat processing plants or breweries and wineries as defined in
    15  section three of the alcoholic beverage control law.
    16    § 2. Subparagraphs (iii), (iv) and (v) of paragraph (c) of subdivision
    17  1 of section 27-3005 of the environmental conservation law, as added  by
    18  section one of this act, are amended to read as follows:
    19    (iii)  tissues  as defined in section forty-three hundred sixty of the
    20  public health law or biological  products  as  defined  in  the  federal
    21  Public Health Service Act (42 U.S.C. Sec 262); or
    22    (iv) temperature-sensitive samples, cultures or specialized laboratory
    23  reagents  requiring cold storage during shipment, either delivered to or
    24  received from:
    25    (A) the department of agriculture and market's food laboratory  pursu-
    26  ant to its duties under the agriculture and markets law; or
    27    (B)    laboratories  for  testing  to help ensure human health, animal
    28  health, and/or food safety pursuant to statutory or regulatory  require-
    29  ments  of,  or standards established under, programs administered by the
    30  department, the department of health, the department of agriculture  and
    31  markets,  the  United States department of agriculture and/or the United
    32  States food and drug administration[; or
    33    (v) microbial cultures used for dairy,  meat,  or  fermented  beverage
    34  manufacturing  and requiring cold storage during shipment or delivery to
    35  dairy or meat processing plants or breweries and wineries as defined  in
    36  section three of the alcoholic beverage control law].
    37    §  3.  Subparagraphs (ii), (iii) and (iv) of paragraph (c) of subdivi-
    38  sion 1 of section 27-3005 of the environmental conservation law, subpar-
    39  agraph (ii) as amended by section one  of  this  act  and  subparagraphs
    40  (iii)  and  (iv)  as  amended by section two of this act, are amended to
    41  read as follows:
    42    (ii) animal biologics, including vaccines, bacterins,  antisera, diag-
    43  nostic kits, and other products of biological origin, and other  packag-
    44  ing  materials regulated by the United States department  of agriculture
    45  under the  virus,  serum,  toxin  act  (21  U.S.C.  151-159),  including
    46  vaccines; or
    47    (iii)  tissues  as defined in section forty-three hundred sixty of the
    48  public health law or biological  products  as  defined  in  the  federal
    49  Public Health Service Act (42 U.S.C. Sec 262)[; or
    50    (iv) temperature-sensitive samples, cultures or specialized laboratory
    51  reagents  requiring cold storage during shipment, either delivered to or
    52  received from:
    53    (A) the department of agriculture and market's food laboratory  pursu-
    54  ant to its duties under the agriculture and markets law; or
    55    (B)    laboratories  for  testing  to help ensure human health, animal
    56  health, and/or food safety pursuant to statutory or regulatory  require-
        S. 773                              3

     1  ments  of,  or standards established under, programs administered by the
     2  department, the department of health, the department of agriculture  and
     3  markets,  the  United States department of agriculture and/or the United
     4  States food and drug administration].
     5    §  4.  This act shall take effect immediately; provided, however, that
     6  section one of this act shall take effect on the same date  and  in  the
     7  same  manner as a chapter of the laws of 2024 amending the environmental
     8  conservation law relating to prohibiting the  sale  or  distribution  of
     9  expanded polystyrene containers that are designed or intended to be used
    10  for cold storage, as proposed in legislative bills numbers S. 4414-A and
    11  A.  4943-A, takes effect; provided further, however, that section two of
    12  this act shall take effect January 1, 2030; and provided further, howev-
    13  er, that section three of this act shall take effect January 1, 2035.

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