S 3046: Prohibits the use of adhesive-based rodent traps in state-owned or state-leased buildings.

  
  STATE OF NEW YORK ________________________________________________________________________ 3046 2025-2026 Regular Sessions  IN SENATE January 23, 2025 ___________ Introduced by Sens. BRISPORT, HOYLMAN-SIGAL, MARTINEZ, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting the production, sale and use of adhesive-based animal traps The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 399-tt to read as follows: 3 § 399-tt. Adhesive-based animal traps; prohibition. 1. For the 4 purposes of this section, the following terms shall have the following 5 meanings: 6 (a) "Adhesive-based animal trap" shall mean any device that is 7 designed or is capable of being used to capture an animal the size of a 8 rodent or larger, by means of an adhesive substance, including devices 9 commonly known as glue traps, glue boards, and any similar trap. 10 (b) "Distributor" shall mean any person who delivers to a person other 11 than a purchaser, for the purpose of retail sale. 12 (c) "Exterminator" shall mean a person or entity that is licensed, 13 certified, permitted or otherwise authorized under the laws of this 14 state to provide rodent and pest control services and any employee or 15 agent thereof engaging in the provision of such services. 16 (d) "Insect trap" shall mean any device that is designed to capture 17 insects by means of an adhesive substance. 18 (e) "Manufacturer" shall mean any person, firm, association, partner- 19 ship, limited liability company, or corporation that produces, prepares, 20 formulates, or compounds an adhesive-based animal trap as defined in 21 this subdivision. In the case of an adhesive-based animal trap imported 22 into the United States, "manufacturer" shall mean the importer or first 23 domestic distributor of such product if the entity that manufactures the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00528-01-5 
 S. 3046 2 1 product or whose brand name is affixed to the product does not have a 2 presence in the United States. 3 (f) "Person" shall mean a natural person, firm, corporation, limited 4 liability company, association, or an employee or agent of a natural 5 person or an entity included in this definition. 6 (g) "Retailer" shall mean any person or entity who offers adhesive- 7 based animal traps for sale for use or consumption by persons in this 8 state, including any such person or entity that sells adhesive-based 9 animal traps through catalogs, mail, the telephone, the internet, or any 10 electronic means. 11 (h) "Sell" or "sale" shall mean any transfer for consideration of 12 title or the right to use, from a manufacturer, distributor, or retailer 13 to a person, including, but not limited to, transactions conducted 14 through retail sales outlets, catalogs, mail, the telephone, the inter- 15 net, or any electronic means. 16 2. Beginning on the effective date of this section and thereafter: 17 (a) No adhesive-based animal traps shall be shipped into this state. 18 Such prohibition shall apply to all shipments of adhesive-based animal 19 traps into New York state and includes importation or distribution for 20 commercial purposes, for personal use, or otherwise, and irrespective of 21 whether such adhesive-based animal traps were purchased within or with- 22 out the state. 23 (b) No manufacturer, distributor, retailer, common carrier, or other 24 person shall bring or carry into the state any adhesive-based animal 25 trap, nor shall any manufacturer, distributor, retailer, common carrier, 26 or any other person accept for delivery, deliver or transport any adhe- 27 sive-based animal trap to any distributor, retailer, or any other person 28 located within this state. 29 (c) Paragraphs (a) and (b) of this subdivision shall apply to any 30 adhesive-based animal trap, either in the original package or otherwise, 31 whether intended for commercial or personal use, as well as otherwise, 32 and to foreign, interstate, as well as intrastate, shipments or 33 carriage, irrespective of whether such adhesive-based animal trap was 34 purchased within or without the state. 35 (d) No manufacturer or distributor shall sell, offer for sale, or 36 deliver to a retailer for subsequent sale an adhesive-based animal trap, 37 nor shall any retailer or exterminator purchase, accept, obtain or 38 otherwise acquire any such adhesive-based animal trap on or after the 39 effective date of this section. 40 3. Beginning one year after the effective date of this section and 41 thereafter: 42 (a) No person or entity, or any agent or employee thereof, shall sell 43 or offer for sale, hold for sale or distribute to another person any 44 adhesive-based animal trap as defined in subdivision one of this 45 section, nor shall any person or entity, or any agent or employee there- 46 of purchase, acquire, or possess any such adhesive-based animal trap for 47 commercial or personal use. 48 (b) No person or entity, or any agent or employee thereof shall set, 49 place, or otherwise use any such adhesive-based animal trap or permit 50 another person to set, place or use any such adhesive-based animal trap 51 to capture or destroy a rat, mouse or other animal. 52 (c) No person or entity, or any agent or employee thereof, shall set, 53 place, or otherwise use insect traps in an outdoor environment, in which 54 such devices are capable of capturing birds or other similarly-sized 55 animals. 56 (d) Notwithstanding any contrary provision of this section: 
 S. 3046 3 1 (i) Nothing in this section shall restrict the sale, distribution, or 2 use of insect traps, except as provided in paragraph (c) of this subdi- 3 vision. 4 (ii) A retailer having in its possession any adhesive-based animal 5 traps purchased or acquired by such retailer prior to the effective date 6 of this section shall be authorized to sell such adhesive-based animal 7 traps for one year after the effective date of this section; and 8 (iii) An exterminator having in its possession any adhesive-based 9 animal traps purchased or acquired by such exterminator prior to the 10 effective date of this section shall be authorized to set or place such 11 adhesive-based animal traps for one year after the effective date of 12 this section. 13 § 2. This act shall take effect on the ninetieth day after it shall 14 have become a law.