HOUSE BILL NO. 785
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H0785......................................................by STATE AFFAIRS
PESTICIDE SAFETY - Adds to existing law relating to pesticides and
chemigation to require the posting of pesticide safety information and
pesticide application notices for agricultural workers.
03/07 House intro - 1st rdg - to printing
03/08 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 785
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PESTICIDES AND CHEMIGATION; AMENDING CHAPTER 34, TITLE 22, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 22-3427, IDAHO CODE, TO REQUIRE THE
4 POSTING OF PESTICIDE SAFETY INFORMATION FOR AGRICULTURAL WORKERS; AND
5 AMENDING CHAPTER 34, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
6 TION 22-3428, IDAHO CODE, TO REQUIRE THE POSTING OF PESTICIDE APPLICATION
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 34, Title 22, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 22-3427, Idaho Code, and to read as follows:
12 22-3427. POSTED PESTICIDE SAFETY INFORMATION FOR WORKERS. (1) Require-
13 ment. When workers are on an agricultural establishment, the agricultural
14 employer shall display pesticide safety information in accordance with this
16 (2) Pesticide safety poster.
17 (a) A safety poster must be displayed that conveys, at a minimum, the
18 following basic pesticide safety concepts:
19 (i) Avoid getting on the skin or into the body any pesticides that
20 may be on plants and soil, in irrigation water, or drifting from
21 nearby applications;
22 (ii) Washing before eating, drinking, using chewing gum or tobacco,
23 or using the toilet;
24 (iii) Wearing work clothing that protects the body from pesticide
25 residues, such as long-sleeved shirts, long pants, shoes, socks and a
26 hat or scarf;
27 (iv) Washing and showering with soap and water, shampooing hair, and
28 putting on clean clothes after work;
29 (v) Washing work clothes separately from other clothes before wear-
30 ing them again;
31 (vi) Washing immediately in the nearest clean water if pesticides
32 are spilled or sprayed on the body and, as soon as possible,
33 showering, shampooing and changing into clean clothes; and
34 (vii) Following directions about keeping out of treated or restricted
36 (b) The pesticide safety poster shall be written in English and Spanish,
37 provided the employer may replace the Spanish portion of the poster with a
38 non-English language read by the largest group of workers who do not read
40 (3) Emergency medical care information.
41 (a) The name, address and telephone number of the nearest emergency medi-
42 cal care facility shall be on the pesticide safety poster or displayed
43 close to such poster.
1 (b) The poster shall be updated promptly to inform workers of any change
2 to the information on emergency medical care facilities.
3 (4) Location. The pesticide safety poster and emergency medical care
4 information shall be displayed at the location where drinking water is made
5 available for workers.
6 (5) Accessibility. Workers shall be informed of the location of the
7 information and shall be allowed access to read the information.
8 (6) Legibility. The information shall remain legible during the time it
9 is posted.
10 (7) Definition. For purposes of this section and section 22-3428, Idaho
11 Code, "agricultural employer" means the person who supervises farm laborers
13 (a) If the owner of the agricultural establishment hires and supervises
14 workers, such owner is the agricultural employer; and
15 (b) If the owner of the agricultural establishment contracts with a farm
16 labor contractor and that farm labor contractor hires and supervises the
17 workers for the owner, the contractor is the agricultural employer.
18 SECTION 2. That Chapter 34, Title 22, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 22-3428, Idaho Code, and to read as follows:
21 22-3428. POSTING APPLICATION NOTICES. (1) The operator of agricultural
22 property shall ensure that signs are posted around treated fields and green-
23 houses in the following circumstances:
24 (a) Whenever a pesticide with the signal word "DANGER" is applied unless
25 access to the treated field is controlled in a manner that ensures no
26 employee other than the handlers making the application will enter, work
27 in, remain in, or walk within one-quarter (1/4) mile during the applica-
28 tion and the restricted entry interval; and
29 (b) All greenhouse applications unless access is controlled in a manner
30 that ensures no employee other than the handlers making the application
31 will enter, work in, remain in, or pass through the greenhouse during the
32 application and the restricted entry interval.
33 (2) The warning sign required pursuant to subsection (1) of this section
35 (a) Have a background color that contrasts with red. The words "DANGER,"
36 "PELIGRO," "PESTICIDES" and "PESTICIDAS" shall be at the top of the sign,
37 and the words "KEEP OUT" and "NO ENTRE" shall be at the bottom of the
38 sign. Letters for all words must be clearly legible.
39 (b) Include a circle containing an upraised hand on the left and a stern
40 face on the right near the center of the sign. The inside of the circle
41 must be red, except that the hand and a large portion of the face must be
42 in a shade that contrasts with red. The length of the hand must be at
43 least twice the height of the smallest letters. The length of the face
44 must be only slightly smaller than the hand. Additional information such
45 as the names of the pesticides and the date of application may appear on
46 the warning sign, provided such information does not detract from the
47 appearance of the sign or change the meaning of the required information.
48 (c) Be at least fourteen (14) inches by sixteen (16) inches in size, and
49 the letters shall be at least one (1) inch in height unless a smaller sign
50 and smaller letters are necessary because the treated area is too small to
51 accommodate a sign of this size. If a smaller sign is used, it must meet
52 the proportions and other requirements described in this subsection (2).
53 (d) Include in the lower portion of the sign the following information,
1 which such letters and symbols, if any, shall be of a color that sharply
2 contrasts with the immediate background:
3 (i) The date of unrestricted entry;
4 (ii) The name of the operator of the property; and
5 (iii) The field identification, if any.
6 (e) The Spanish portion of the sign may be replaced with another non-
7 English language that is read by a majority of workers who do not read
9 (f) Any replacement signs must be in the same format and meet the same
10 size and other requirements as the original.
11 (3) The signs shall:
12 (a) Be posted before the pesticide application begins but shall not be
13 posted unless a pesticide application is scheduled within twenty-four (24)
15 (b) Remain posted and clearly legible throughout the application and the
16 restricted entry interval; and
17 (c) Be removed within three (3) days after the end of the restricted
18 entry interval and before agricultural worker entry is permitted.
19 (4) The signs shall be posted so that they are visible at all usual
20 points of entry to the treated area, including each road, footpath, walkway or
21 aisle that enters the treated field, and each border with any labor camp adja-
22 cent to the treated field. Usual points of entry are entrances that the
23 employer customarily directs workers to use. If there are no identified usual
24 points of entry to the treated field, signs shall be posted at the corners of
25 the treated field. When a treated field is adjacent to an unfenced public
26 right-of-way such as a road, trail or path, additional signs shall be posted
27 at each end of the treated field and at intervals not exceeding one-quarter
28 (1/4) mile along the treated field's border with the right-of-way.
29 (5) When a pesticide product with the signal word "DANGER" on the label
30 is being applied to a field through an irrigation system, signs shall be
31 posted in the manner specified in subsection (4) of this section. All letters
32 of such signs shall be at least two and one-half (2 1/2) inches tall and all
33 letters and symbols shall be of a color that sharply contrasts with their
34 immediate background. These signs shall contain the following:
35 (a) An octagon stop sign symbol at least eight (8) inches in diameter
36 containing the word "STOP" in English; and
37 (b) The words "KEEP OUT" and "NO ENTRE" above the symbol and the words
38 "PESTICIDES IN IRRIGATION WATER" and "PESTICIDAS EN AGUA de RIEGO" below
39 the symbol.
40 (6) When a fumigant is applied to a field, signs shall be posted in the
41 manner specified in subsection (4) of this section. These signs shall contain
42 the following information:
43 (a) The skull and crossbones symbol; and
44 (b) The following statements:
45 (i) "DANGER/PELIGRO";
46 (ii) "Area under fumigation, DO NOT ENTER/NO ENTRE";
47 (iii) "(Name of fumigant) Fumigant in use";
48 (iv) The date and time of the fumigation; and
49 (v) The name, address and telephone number of the applicator.
50 (7) Oral warnings. The agricultural employer shall provide oral warnings
51 to workers in a manner that the workers can understand. If a worker will be on
52 the premises during the application, the warning shall be given before the
53 application takes place; otherwise, the warning shall be given at the begin-
54 ning of the worker's first work period during which the application is taking
55 place or the restricted-entry interval for the pesticide is in effect. The
1 oral warning shall consist of:
2 (a) The location and description of the treated area;
3 (b) The time during which entry is restricted; and
4 (c) Instructions not to enter the treated area until the restricted-entry
5 interval has expired.
6 (8) Exceptions. This section does not apply when any pesticide is applied
7 on an agricultural establishment in the following circumstances:
8 (a) For mosquito abatement, Mediterranean fruit fly eradication, or simi-
9 lar wide-area public pest control programs sponsored by governmental enti-
11 (b) On livestock or other animals or in or about animal premises;
12 (c) On plants grown for other than commercial or research purposes, which
13 may include plants in habitations, home fruit and vegetable gardens, and
14 home greenhouses;
15 (d) On plants that are in ornamental gardens, parks, and public or pri-
16 vate lawns and grounds that are intended only for aesthetic purposes or
17 climate modification;
18 (e) By injection directly into agricultural plants, provided direct
19 injection does not include "hack and squirt," "frill and spray," chemiga-
20 tion, soil incorporation or soil injection;
21 (f) In a manner not directly related to the production of agricultural
22 plants including, but not limited to, structural pest control, control of
23 vegetation along rights-of-way and in other noncrop areas, and pasture and
24 rangeland use;
25 (g) For control of vertebrate pests;
26 (h) As attractants or repellents in traps;
27 (i) On the harvested portions of agricultural plants or on harvested tim-
28 ber; and
29 (j) For research uses of unregistered pesticides.
30 (9) The owner of an agricultural establishment is not required to provide
31 the notices required in this section to himself or members of his immediate
32 family who are performing tasks related to the production of agricultural
33 plants on their own agricultural establishment.
STATEMENT OF PURPOSE
Relating to pesticides and chemigation; amending Chapter 34, Title
22, Idaho Code, by the addition of a new Section, 22-3427, Idaho
Code, to require the posting of pesticide safety information for
agricultural workers; and amending Chapter 34, Title 22, Idaho Code
by the addition of a new Section 22-3428, Idaho Code, to require
the posting of pesticide application notices.
There will be no impact on the State General Fund.
Name: Representative Tom Trail
Representative Wendy Jaquet
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 785