NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A54
SPONSOR: Epstein TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
production, sale and use of adhesive-based animal traps
SUMMARY OF PROVISIONS:
Section one amends the general business law by adding a new section
399-tt, regarding the prohibition of adhesive-based rodent traps.
Section two sets forth the effective date.
JUSTIFICATION:
Many New Yorkers use glue traps as a method of pest control. Glue traps
do not instantly kill the rodent; rather, they slowly die over the
course of ' several days due to starvation, dehydration, and exhaustion.
The glue used is also extremely toxic, and burns the animals' skin,
eyes, and mucous membranes. They will often rip off their own skin and
fur, cause self-inflicted injuries, and chew their own limbs off trying
to escape.
In addition to being unnecessarily cruel, glue traps are also less
effective than other methods of rodent capture, like snap trapping. A
study conducted by the University of Nebraska found that snap traps
captured a total of fifty-four mice per ninety-six traps for a total
capture rate of 56.2%, whereas glue traps captured only four mice, for a
total capture rate of just 8.3%. This is partially because glue traps
are often exposed to dust, humidity, and temperature changes, rendering
the adhesive ineffective.
The CDC recommends against the use of glue traps, since rodents who are
caught in them are likely to urinate, defecate, or bleed which may
contain germs that expose humans to diseases. Additionally, because glue
traps are indiscriminate, other animals like birds and house pets are
often accidentally caught in them. Mice and rats are highly intelligent,
social animals, who experience pain and distress. The use of glue traps
is one of the most inhumane methods of capturing rodents. The sale,
production, and use of glue traps should be banned entirely in New York
State.
PRIOR LEGISLATIVE HISTORY:
23-24 A04785A/S 6314-A died in economic development / DIED IN CONSUMER
PROTECTION 2021-22: S9533
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
54
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. EPSTEIN, GALLAGHER, LEVENBERG, ROSENTHAL, MAMDA-
NI, BORES, SIMON -- read once and referred to the Committee on Econom-
ic Development
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
A. 54 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:
A. 54 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.
