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H0168...............................................by AGRICULTURAL AFFAIRS PESTICIDE APPLICATORS - Amends existing law relating to licensure for pesticide and chemigation applicators to provide for an exemption from licensing requirements for certain persons providing limited pesticide applications to lawns or ornamental trees and shrubs. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Agric Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/19 3rd rdg - FAILED - 29-38-3 AYES -- Bell, Bieter, Black, Boe, Bolz, Bradford, Chase, Deal, Ellsworth, Field(13), Field(20), Gould, Henbest, Jones, Kellogg, Marley, Montgomery, Mortensen, Moss, Moyle, Pomeroy, Raybould, Robison, Sellman, Shepherd, Smylie, Stevenson, Trail, Young NAYS -- Barraclough, Barrett, Bedke, Campbell, Clark, Collins, Crow, Cuddy, Denney, Ellis, Eskridge, Gagner, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer, Pearce, Pischner, Roberts, Sali, Schaefer, Smith, Stone, Swan, Tilman, Wheeler, Wood, Mr. Speaker Absent and excused -- Bruneel, Callister, Ridinger Floor Sponsor -- Bolz Filed w/ Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 168 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PESTICIDE AND CHEMIGATION APPLICATORS; AMENDING SECTION 22-3404, 3 IDAHO CODE, TO PROVIDE FOR AN EXEMPTION FROM LICENSING REQUIREMENTS FOR 4 CERTAIN PERSONS PROVIDING LIMITED PESTICIDE APPLICATIONS TO LAWNS OR TO 5 ORNAMENTAL TREES AND SHRUBS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 22-3404, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-3404. PESTICIDE AND CHEMIGATION APPLICATORS -- CLASSIFICATION LICENS- 10 ING REQUIREMENTS. (1) The director may classify pesticide applicator licenses 11 issued under this act. Such classifications may include, but are not limited 12 to, professional and private applicators. Separate licensing requirements and 13 testing procedures may be utilized for each classification. 14 (2) Professional Applicators -- no person shall act as a professional 15 applicator without first obtaining a professional applicator's license issued 16 by the department. 17 (a) Application for a license shall be on a form prescribed by the 18 department and shall be accompanied by a fee as prescribed by rule; and 19 (b) on the application for a license to perform chemigation, the appli- 20 cant must certify that the equipment and system he plans to use for chemi- 21 gation meet department standards and that the owner and persons operating 22 the equipment have read the Idaho rules for chemigation and that the owner 23 intends to operate and maintain the chemigation system according to the 24 rules. On the application for licensure, the department may require other 25 information as it deems necessary; and 26 (c) an applicant must be at least eighteen (18) years of age and must 27 pass the department's examination in order to demonstrate his knowledge of 28 how to apply, use and handle pesticides or chemicals in areas relevant to 29 the operations he intends to undertake, or proper equipment and methods 30 for injecting chemicals through irrigation systems; and 31 (d) show proof of financial responsibility as prescribed by rule; and 32 (e) an examination fee will be charged as prescribed by rule and an addi- 33 tional examination fee of five dollars ($5.00) shall be charged when an 34 exam is requested at other than a regularly scheduled examination date; 35 and 36 (f) if at any time a licensed professional applicator fails to maintain 37 the financial responsibility required by paragraph (d) of this subsection, 38 his license shall be automatically suspended until the department receives 39 verification that he is in compliance with paragraph (d) of this subsec- 40 tion. 41 (3) Private Applicator -- no person shall act as a private applicator 42 without first obtaining a private applicator license issued by the department. 2 1 (a) Application for a license shall be on a form prescribed by the 2 department; and 3 (b) on the application for a license to perform chemigation, the appli- 4 cant must certify that the equipment and system he plans to use for chemi- 5 gation meet department standards and that the owner and persons operating 6 the equipment have read the Idaho rules for chemigation and that the 7 owner intends to operate and maintain the chemigation system according to 8 the rules. On the application for licensure, the department may require 9 other information as it deems necessary; and 10 (c) an applicant must be at least eighteen (18) years of age and must 11 pass the department's examination in order to demonstrate his knowledge of 12 how to apply, use and handle pesticides or chemicals in areas relevant to 13 the operations he intends to undertake or proper equipment and methods for 14 injecting chemicals through irrigation systems; and 15 (d) an applicant must pay a license fee as prescribed by rule. 16 (4) If the director finds an applicant qualified for a professional or 17 private applicator's license; and if an applicant applying for a license to 18 engage in the application of pesticides or chemicals has met all of the 19 requirements of any applicable federal or state laws, regulations and rules, 20 the director shall issue the license. The license or permit may restrict the 21 applicant to the use of a certain type or types of equipment, pesticides or 22 chemicals. If a license or permit is not issued as applied for, the department 23 shall inform the applicant in writing of the reasons therefor. 24 (5) The director may by rule require professional applicators to maintain 25 and furnish records forthwith pertaining to the application of pesticides and 26 other relevant information as he may deem necessary. 27 (6) Licenses issued to dealers, professional and private applicators 28 shall expire as designated by the director unless suspended or revoked as pro- 29 vided for in section 22-3409, Idaho Code. 30 (7) Exemptions: 31 (a) The following persons are exempt from subsections (2), (3) and (4) of 32 this section unless the person is applying chemicals through an irrigation 33 system: 34 1. Any person applying pesticides other than restricted-use pesti- 35 cides for himself or on an exchange of service basis, and who does 36 not publicly hold himself out as a professional applicator; and 37 2. any personusing hand-powered equipment to applyproviding pesti- 38 cides other than restricted-use pesticidesapplication to lawns, or 39 to ornamental trees and shrubsowned by such person, orasan inci-40dentalpart of his business of,taking care of yards for remunera-41tion, and is not holding himself out as a professional applicatoror 42 employment in, lawn care or facilities maintenance, provided that any 43 pesticide applied is used directly from the manufacturer's original 44 container, is used according to the label directions, and the pesti- 45 cide applied does not require any mixing with other materials before 46 or during loading into application equipment prior to application; 47 and 48 3. any industry, governmental, University of Idaho research person- 49 nel and extension research personnel who apply pesticides other than 50 restricted-use pesticides to experimental plots or to demonstrate the 51 use of pesticides; and 52 4. any veterinarian who applies pesticides as an integral part of 53 his business and does not publicly hold himself out as a professional 54 applicator. 55 (b) Federal, state, and other governmental agencies are exempt from the 3 1 licensing fees provision of subsections (2) and (3) of this section. 2 (c) Professional applicators who do not apply pesticides may receive an 3 exemption from the proof of financial responsibility required in subsec- 4 tion (2)(d) of this section, upon submitting a completed form prescribed 5 by the department.
STATEMENT OF PURPOSE RS 10801 The purpose of this legislation is to clarify the Pesticide Law in a manner that will make the application of pesticides in the urban setting safer. It will require those lawn care businesses that provide pest control through the use of hand operated pesticide applicators to be certified and licensed if they mix from a concentrate. Impregnated fertilizer products or granular pest control products are exempt from this provision. Pre- packaged products with the delivery system integrated into the pre-packaged product are also exempt. Benefits of this legislation include the following: (1) Increased competency of urban pesticide applicators (2) Increased safety for the public (3) Increased safety to the applicators (4) Regulation equality for all types of urban pesticide applications (5) Possible reduction of pesticide complaints from urban citizens FISCAL IMPACT The fiscal impact of this legislation would mean approximately $8400 being collected in license fees from prospective applicators. This amount is derived from an estimated 70 applicators being licensed over a two year period at $120 each. contact: Name: Rod Awe or Ben Miller, Idaho Department of Agriculture Phone: 332-8615 STATEMENT OF PURPOSE/FISCAL NOTE H 168