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H0099...............................................by AGRICULTURAL AFFAIRS
CHEMIGATION - PESTICIDES - Repeals, amends and adds to existing law to
combine the chemigation law with the pesticide law; to provide definitions;
to provide for chemigation licensing; to provide that pesticide dealer
applications shall be due as prescribed by rule; to provide
responsibilities of chemical suppliers; to provide for the safe use of
chemicals; to provide for compliance with standards and requirements when
using irrigation systems for chemigation; to provide that the Department of
Agriculture shall compile a list of recognized chemigation systems; to
provide for a chemigation stop work order; to provide for inspection of
equipment, standards, and chemicals used for chemigation; to prohibit
certain acts related to chemigation; and to provide for the adoption of
rules governing chemigation.
01/22 House intro - 1st rdg - to printing
01/26 Rpt prt - to Agric Aff
02/05 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Tippets,
Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Bell, Reynolds, Taylor, Tilman, Williams
Floor Sponsor - Trail
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to Agric Aff
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 31-1-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs,
Whitworth
NAYS--Ingram
Absent and excused--Ipsen, Parry, Wheeler
Floor Sponsor - Burtenshaw
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed
03/15 To Governor
03/17 Governor signed
Session Law Chapter 69
Effective: 07/01/99
H0099|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 99 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO PESTICIDE LAW; REPEALING CHAPTER 14, TITLE 22, IDAHO 3 CODE; AMENDING THE CHAPTER HEADING FOR CHAPTER 34, TITLE 22, IDAHO CODE; 4 AMENDING SECTION 22-3401, IDAHO CODE, TO PROVIDE DEFINITIONS AND REFER- 5 ENCES TO CHEMICALS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6 22-3404, IDAHO CODE, TO PROVIDE FOR CHEMIGATION LICENSING; AMENDING SEC- 7 TION 22-3406, IDAHO CODE, TO PROVIDE THAT PESTICIDE DEALER APPLICATIONS 8 SHALL BE DUE AS PRESCRIBED BY RULE; AMENDING CHAPTER 34, TITLE 22, IDAHO 9 CODE, BY THE ADDITION OF A NEW SECTION 22-3406A, IDAHO CODE, TO PROVIDE 10 RESPONSIBILITIES OF CHEMICAL SUPPLIERS; AMENDING CHAPTER 34, TITLE 22, 11 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-3406B, IDAHO CODE, TO PRO- 12 VIDE FOR CHEMIGATION RESPONSIBILITIES; AMENDING SECTION 22-3407, IDAHO 13 CODE, TO PROVIDE FOR THE SAFE USE OF CHEMICALS; AMENDING CHAPTER 34, TITLE 14 22, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 22-3407A, IDAHO CODE, TO 15 PROVIDE FOR COMPLIANCE WITH STANDARDS AND REQUIREMENTS WHEN USING IRRIGA- 16 TION SYSTEMS FOR CHEMIGATION; AMENDING CHAPTER 34, TITLE 22, IDAHO CODE, 17 BY THE ADDITION OF A NEW SECTION 22-3407B, IDAHO CODE, TO PROVIDE THAT THE 18 DEPARTMENT SHALL COMPILE A LIST OF RECOGNIZED CHEMIGATION SYSTEMS; AMEND- 19 ING SECTION 22-3408, IDAHO CODE, TO PROVIDE FOR A CHEMIGATION STOP WORK 20 ORDER; AMENDING SECTION 22-3414, IDAHO CODE, TO PROVIDE FOR INSPECTION OF 21 CHEMIGATION EQUIPMENT, STANDARDS, AND CHEMICALS USED FOR CHEMIGATION; 22 AMENDING SECTION 22-3420, IDAHO CODE, TO PROHIBIT CERTAIN ACTS RELATED TO 23 CHEMIGATION; AND AMENDING SECTION 22-3421, IDAHO CODE, TO PROVIDE FOR THE 24 ADOPTION OF RULES GOVERNING CHEMIGATION AND TO MAKE TECHNICAL CORRECTIONS. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Chapter 14, Title 22, Idaho Code, be, and the same is 27 hereby repealed. 28 SECTION 2. That the Heading for Chapter 34, Title 22, Idaho Code, be, and 29 the same is hereby amended to read as follows: 30 PESTICIDES AND CHEMIGATION 31 SECTION 3. That Section 22-3401, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 22-3401. DEFINITIONS. When used in this act: 34 (1) "Adulterated" means a pesticide is adulterated for the purpose of 35 this act if the strength or purity of the pesticide is below the purported or 36 professed standard of quality as expressed in its labeling, or any substance 37 has been substituted wholly or in part for any ingredient of the pesticide, or 38 any valuable constituent thereof has been omitted wholly or in part. 39 (2) "Antipollution device" means any mechanical equipment used to 40 reduce hazard to the environment in cases of malfunction or shutdown of chemi- 2 1 gation equipment during chemigation and may include, but not be limited to, 2 interlock, irrigation line check valve, chemical line closure device, vacuum 3 relief device and automatic low-pressure drain. 4 (3) "Certified applicator" means a person who has qualified 5 as a professional applicator, or private applicator under the provisions of 6 this act and the rules promulgated by the director. 7 (4) "Chemical" means any fertilizer or pesticide. 8 (5) "Chemigation" means any process whereby chemicals are added to irri- 9 gation water applied to land, crops or plants through an irrigation system, 10 such as, but not limited to, agricultural, nursery, turf, lawn, golf course 11 and greenhouse sites. 12 (36 ) "Defoliant" means any substance or mixture 13 of substances intended for causing the foliage to drop from a plant, with or 14 without causing abscission. 15 (47 ) "Department" means the Idaho 16 department of agriculture. 17 (58 ) "Desiccant" means any substance or mixture 18 of substances intended for artificially accelerating the drying of plant tis- 19 sues. 20 (69 ) "Designated agent" means an employee or 21 agent of the state authorized by the director to perform various duties in 22 connection with enforcement of this act. 23 (710 ) "Device" means an instrument or contriv- 24 ance, other than a firearm, intended to trap, destroy, control, repel or miti- 25 gate any pest or any other form of plant or animal life, other than man and 26 other than bacteria, virus, or other microorganism on or in living man or 27 other living animals, but does not include equipment used for the application 28 of pesticides when sold separately therefrom. 29 (811 ) "Director" means the director of the 30 department of agriculture of the state of Idaho. 31 (912 ) "Distribute" means to offer for sale, hold 32 for sale, sell, barter, ship, deliver for shipment, or receive and, having so 33 received, deliver or offer to deliver, pesticides in this state. 34 (103 ) "Environment" includes water, air, land, 35 and all plants and man and other animals living therein, and the 36 interrelationships which exist among these. 37 (114 ) "EPA" means the United States Environmen- 38 tal Protection Agency. 39 (125 ) "Fertilizer" means any formulation or 40 product used as a plant nutrient which is intended to promote plant growth and 41 contains one (1) or more plant nutrients. 42 (136 ) "General use pesticide" means any pesti- 43 cide which is not a restricted-use pesticide. 44 (17) "Irrigation system" means any device or combination of devices 45 having a hose, pipe, or other conduit which connects directly to any source of 46 ground or surface water, through which water or a mixture of water and chemi- 47 cals is drawn and applied to land, crops or plants. The term does not include 48 any hand-held sprayer or other similar device which is constructed so that an 49 interruption in water flow automatically prevents any backflow into the water 50 source. 51 (148 ) "Label or labeling" means the written, 52 printed or graphic matter on or attached to the pesticide or device or any of 53 its containers or wrappers. It would also include all other written, printed 54 or graphic material that accompanies the pesticide or device at any time. 55 (159 ) "Land" means all land and water areas, 3 1 including airspace, and all plants, animals, structures, buildings, contriv- 2 ances, and machinery appurtenant thereto or situated thereon, fixed or mobile, 3 including any used for transportation. 4 (1620 ) "Misbranded" shall apply to (a) any pes- 5 ticide or device if its labeling bears any false or misleading statement, 6 design or graphic representation, and (b) any pesticide if such pesticide is 7 not labeled as required by section 22-3402, Idaho Code, and (c) any pesticide 8 if the labeling bears any reference to the registration provisions of section 9 22-3402, Idaho Code, unless such reference is required by rules promulgated by 10 the director. 11 (1721 ) "Person" means any individual, partner- 12 ship, association, fiduciary corporation, or any organized group of persons 13 whether incorporated or not. 14 (1822 ) "Pest" means (a) any insect, rodent, nem- 15 atode, fungus, weed, or (b) any other form of terrestrial or aquatic plant or 16 animal life or virus, bacteria, or other microorganism, except virus, bacte- 17 ria, or other microorganism on or in living man or other living animals, which 18 the director declares to be a pest. 19 (1923 ) "Pesticide" means but is not limited to 20 (a) any substance or mixture of substances intended to prevent, destroy, con- 21 trol, repel or mitigate any insect, rodent, nematode, snail, slug, fungus, 22 weed and any other form of plant or animal life or virus, except virus or fun- 23 gus on or in living man or other animal, which is normally considered to be a 24 pest or which the director may declare to be a pest, and (b) any substance or 25 mixture of substances intended to be used as a plant regulator, defoliant or 26 desiccant, and (c) any spray adjuvant. 27 (204 ) "Pesticide dealer" means a person who dis- 28 tributes any restricted-use pesticide or general use pesticide except those 29 exempted in section 22-3406, Idaho Code, or any pesticide whose uses or dis- 30 tribution are further restricted by the director by rule. 31 (215 ) "Pesticide equipment" means any equipment, 32 machinery, or apparatus used in the actual application of pesticides including 33 aircraft and ground-spraying equipment. 34 (226 ) "Pesticide industry representative" means 35 a person who is a pesticide manufacturer's representative, distributor's rep- 36 resentative, or any field representative of any company or organization that 37 deals in agricultural commodities, who uses or supervises the application of 38 restricted-use pesticides solely for the purpose of demonstrating the use of 39 the restricted-use pesticide. 40 (237 ) "Plant regulator" means any substance or 41 mixture of substances intended through physiological action, for accelerating 42 or retarding the rate of growth or rate of maturation, or for otherwise alter- 43 ing the behavior of plants or the produce thereof, but shall not include sub- 44 stances to the extent that they are intended as plant nutrients, trace ele- 45 ments, nutritional chemicals, plant inoculants and soil amendments. 46 (248 ) "Private applicator" means a person who: 47 (a) uses or supervises the use of restricted-use pesticides to produce agri- 48 cultural commodities or forest crops on land owned or rented by him or his 49 employer; or (b) applies restricted-use pesticides on the property of another 50 without compensation other than the trading of personal services between pro- 51 ducers of agricultural commodities; or (c) appliespesticides or fertil-52izerschemicals through irrigation systems on land owned 53 or rented by him or his employer. 54 (259 ) "Professional applicator" means a person 55 who: (a) applies pesticides upon the land or property of another for compen- 4 1 sation, or appliespesticides or fertilizerschemicals 2 through irrigation systems upon the land or property of another for 3 compensation; or (b) uses or supervises the use of restricted-use pesticides 4 and is not a private applicator; or (c) offers or supplies technical advice or 5 recommendations regarding the use of agricultural pesticides. 6 (2630 ) "Restricted area" means an area estab- 7 lished under the provisions of section 22-3419, Idaho Code, to prohibit or 8 restrict the application of pesticides in order to prevent injury to land, 9 people, animals, crops or the environment. 10 (2731 ) "Restricted-use pesticide" means any pes- 11 ticide or pesticide use classified for restricted use by the administrator of 12 EPA. 13 (2832 ) "Spray adjuvant" means any wetting agent, 14 spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating 15 agent, water modifier, or similar agent with or without toxic properties of 16 its own intended to be used with any other pesticide as an aid to the applica- 17 tion or to the effect thereof, and which is in a separate container from that 18 of the pesticide with which it is to be used. 19 (2933 ) "State restricted pesticide use" means 20 any pesticide use which, when used as directed in accordance with a widespread 21 and commonly recognized practice, may be further restricted when the director 22 determines, subsequent to a hearing, that additional restrictions are needed 23 for that use to prevent unreasonable adverse effects on the environment 24 including man, lands, beneficial insects, animals, crops and wildlife, other 25 than pests. 26 (304 ) "Under the direct supervision of a certi- 27 fied private applicator" means that, unless otherwise prescribed by its label- 28 ing, a pesticide shall be considered to be applied under the direct supervi- 29 sion of a certified private applicator if it is applied by a competent person 30 acting under the instructions and control of a certified private applicator 31 who is available if and when needed, even though the certified private appli- 32 cator is not physically present at the time and place the pesticide is 33 applied. 34 (315 ) "Unreasonable adverse effects on the envi- 35 ronment" means any unreasonable risk to man or the environment, taking into 36 account the economic, social, and environmental costs and benefits of the use 37 of any pesticide. 38 (326 ) "Wildlife" means all living things that 39 are neither human, domesticated, nor as defined in this act, pests, including 40 but not limited to, mammals, birds and aquatic life. 41 SECTION 4. That Section 22-3404, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 22-3404. PESTICIDE AND CHEMIGATION APPLICATORS -- CLASSIFI- 44 CATION LICENSING REQUIREMENTS. (1) The director may classify pesticide appli- 45 cator licenses issued under this act. Such classifications may include, but 46 are not limited to, professional and private applicators. Separate licensing 47 requirements and testing procedures may be utilized for each classification. 48 (2) Professional Applicators -- no person shall act as a professional 49 applicator without first obtaining a professional applicator's license issued 50 by the department. 51 (a) Application for a license shall be on a form prescribed by the 52 department and shall be accompanied by a fee as prescribed by rule; and 53 (b) on the application for a license to perform chemigation, the 5 1 applicant must certify that the equipment and system he plans to use for 2 chemigation meet department standards and that the owner and persons oper- 3 ating the equipment have read the Idaho rules for chemigation and that the 4 owner intends to operate and maintain the chemigation system according to 5 the rules. On the application for licensure, the department may require 6 other information as it deems necessary; and 7 (c) an applicant must be at least eighteen (18) years of age 8 and must pass the department's examination in order to demonstrate his 9 knowledge of how to apply, use and handle pesticides or chemicals 10 in areas relevant to the operations he intends to undertake , 11 or proper equipment and methods for injecting chemicals through irrigation 12 systems ; and 13 (cd ) show proof of financial responsibility as 14 prescribed by rule; and 15 (de ) an examination fee will be charged as pre- 16 scribed by rule and an additional examination fee of five dollars ($5.00) 17 shall be charged when an exam is requested at other than a regularly 18 scheduled examination date; and 19 (ef ) if at any time a licensed professional 20 applicator fails to maintain the financial responsibility required by 21 paragraph (cd ) of this subsection, his license 22 shall be automatically suspended until the department receives verifica- 23 tion that he is in compliance with paragraph (cd 24 ) of this subsection. 25 (3) Private Applicator -- no person shall act as a private applicator 26 without first obtaining a private applicator license issued by the department. 27 (a) Application for a license shall be on a form prescribed by the 28 department; and 29 (b) on the application for a license to perform chemigation, the 30 applicant must certify that the equipment and system he plans to use for 31 chemigation meet department standards and that the owner and persons oper- 32 ating the equipment have read the Idaho rules for chemigation and that the 33 owner intends to operate and maintain the chemigation system according to 34 the rules. On the application for licensure, the department may require 35 other information as it deems necessary; and 36 (c) an applicant must be at least eighteen (18) years of age 37 and must pass the department's examination in order to demonstrate his 38 knowledge of how to apply, use and handle pesticides or chemicals 39 in areas relevant to the operations he intends to undertake or 40 proper equipment and methods for injectingpesticides or fertilizers41chemicals through irrigation systems; and 42 (cd ) an applicant must pay a license fee as 43 prescribed by rule. 44 (4) If the director finds an applicant qualified for a professional or 45 private applicator's license; and if an applicant applying for a license to 46 engage in the application of pesticides or chemicals has met all 47 of the requirements of any applicable federal or state laws, regulations and 48 rules, the director shall issue the license. The license or permit may 49 restrict the applicant to the use of a certain type or types of equipment 50 ,orpesticides or chemicals . If a license or 51 permit is not issued as applied for, the department shall inform the applicant 52 in writing of the reasons therefor. 53 (5) The director may by rule require professional applicators to maintain 54 and furnish records forthwith pertaining to the application of pesticides and 55 other relevant information as he may deem necessary. 6 1 (6) Licenses issued to dealers, professional and private 2 applicators shall expire as designated by the director unless suspended or 3 revoked as provided for in section 22-3409, Idaho Code. 4 (7) Exemptions: 5 (a) The following persons are exempt from subsections (2), (3) and (4) of 6 this section: 7 1. Any person applying pesticides other than restricted-use pesti- 8 cides for himself or on an exchange of service basis, and who does 9 not publicly hold himself out as a professional applicator; and 10 2. any person using hand-powered equipment to apply pesticides other 11 than restricted-use pesticides to lawns, or to ornamental trees and 12 shrubs owned by such person, or as an incidental part of his business 13 of taking care of yards for remuneration, and is not holding himself 14 out as a professional applicator; and 15 3. any industry, governmental, University of Idaho research person- 16 nel and extension research personnel who apply pesticides other than 17 restricted-use pesticides to experimental plots or to demonstrate the 18 use of pesticides; and 19 4. any veterinarian who applies pesticides as an integral part of 20 his business and does not publicly hold himself out as a professional 21 applicator. 22 (b) Federal, state, and other governmental agencies are exempt from the 23 licensing fees provision of subsections (2) and (3) of this section. 24 (c) Professional applicators who do not apply pesticides may receive an 25 exemption from the proof of financial responsibility required in subsec- 26 tion (2)(cd ) of this section, upon submitting a 27 completed form prescribed by the department. 28 SECTION 5. That Section 22-3406, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 22-3406. PESTICIDE DEALERS. No person shall act as a pesticide dealer 31 without first obtaining a pesticide dealer's license issued by the department. 32 (1) Licensing: 33 (a) Application for a pesticide dealer's license shall be on a form pre- 34 scribed by the department and shall be accompanied by a fee as prescribed 35 by rule; and 36 (b) an applicant who sells restricted-use pesticides must pass the 37 department's examination in order to demonstrate his knowledge of how to 38 use and handle pesticides in areas relevant to the operation he intends to 39 undertake; and 40 (c) such application shall be dueon or before September 1 of each41yearas prescribed by rule ; and 42 (d) a license shall be required for each location, outlet, or warehouse 43 from which such pesticides are distributed; and 44 (e) for an applicant selling restricted-use pesticides an examination fee 45 will be charged as prescribed by rule and an additional examination fee of 46 five dollars ($5.00) shall be charged when an exam is requested at other 47 than a regularly scheduled examination date. 48 (2) Records and Reports: 49 (a) Restricted-use pesticides or devices: The director shall require a 50 pesticide dealer to keep accurate sale and distribution records of 51 restricted-use pesticides or devices as prescribed by rule; 52 (i) The director may also require a pesticide dealer to maintain 53 other records and furnish reports for restricted-use pesticides or 7 1 devices he determines necessary to implement the provisions of this 2 act; and 3 (ii) Records shall be maintained for three (3) years and be avail- 4 able for inspection and reproduction by the director at all reason- 5 able times; and 6 (iii) The dealer shall be required to post total sales of each 7 restricted-use pesticide by county and shall not include detailed 8 customer sales records or customer invoice records. This report shall 9 be furnished to the director no more than two (2) times per year as 10 prescribed by rule. 11 (b) General use pesticides: The director shall require a pesticide dealer 12 to keep accurate sale and distribution records as prescribed by rule of 13 general use pesticides except those exempted in subsection (4) of this 14 section. 15 (i) Records shall be maintained for three (3) years and be avail- 16 able for inspection and reproduction by the director at all reason- 17 able times; and 18 (ii) The dealer shall be required to report total sales of each gen- 19 eral use pesticide by county and shall not include detailed customer 20 sales records or customer invoice records. This report shall be fur- 21 nished to the director no more than two (2) times per year as pre- 22 scribed by rule; and 23 (iii) The director may require dealers to furnish other reports of 24 these records in the case of emergency as provided by rule. 25 (3) Pesticide dealers shall sell restricted-use pesticides only to 26 licensed professional and private applicators, and dealers. 27 (4) Exemptions: 28 (a) A manufacturer's representative or wholesale distributor shall be 29 exempt from subsection (1) of this section provided such representative 30 or distributor does not have a warehouse in Idaho that pesticides are 31 sold, stored or distributed from; and 32 (b) federal, state and other governmental agencies are exempt from the 33 examination and licensing fees of this section; and 34 (c) the director may exempt a pesticide from the provisions of subsection 35 (1) or (2) of this section by rule if it is determined that licensing or 36 recordkeeping is not necessary for selling the pesticide. 37 (5) A user of a pesticide, without obtaining a pesticide dealer's 38 license, may for the exclusive purpose of keeping it from becoming a waste, 39 distribute a properly labeled pesticide to another user who is legally enti- 40 tled to use that pesticide. 41 SECTION 6. That Chapter 34, Title 22, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION , to be 43 known and designated as Section 22-3406A, Idaho Code, and to read as follows: 44 22-3406A. RESPONSIBILITIES OF CHEMICAL SUPPLIERS. Any person who supplies 45 or sells at retail a chemical and who knows or has reason to know that the 46 chemical will be applied by chemigation shall sell chemicals only to licensed 47 professional or private applicators with a chemigation category. 48 SECTION 7. That Chapter 34, Title 22, Idaho Code, be, and the same is 49 hereby amended by the addition thereto of a NEW SECTION , to be 50 known and designated as Section 22-3406B, Idaho Code, and to read as follows: 51 22-3406B. CHEMIGATOR RESPONSIBILITIES. The chemigator shall be responsi- 8 1 ble for assuring that the irrigation system and chemigation equipment func- 2 tions properly. 3 SECTION 8. That Section 22-3407, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 22-3407. REQUALIFICATION. The director may renew any applicant's license 6 or permit issued under the provisions of this act provided the applicant has 7 met the requirements imposed by the director to ensure that the applicant con- 8 tinues to meet the requirements of changing technology and to assure the 9 proper and safe use of pesticides or chemicals . 10 SECTION 9. That Chapter 34, Title 22, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION , to be 12 known and designated as Section 22-3407A, Idaho Code, and to read as follows: 13 22-3407A. USE OF IRRIGATION SYSTEM FOR CHEMIGATION -- COMPLIANCE WITH 14 STANDARDS AND REQUIREMENTS. Any person who utilizes an irrigation system for 15 chemigation shall comply with any standards and requirements which are estab- 16 lished pursuant to section 22-3421, Idaho Code, and shall be certified and 17 licensed as provided in this chapter. 18 SECTION 10. 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 20 known and designated as Section 22-3407B, Idaho Code, and to read as follows: 21 22-3407B. DEPARTMENT TO COMPILE LIST. The department shall compile a list 22 of the types of chemigation systems or portions thereof which may be used by 23 persons to apply chemicals through an irrigation system in accordance with the 24 rules promulgated under section 22-3421, Idaho Code. This list shall be made 25 public and constitutes state recognition of a chemigation system. 26 SECTION 11. That Section 22-3408, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 22-3408. STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK 29 ORDER . (1) The department may issue and enforce a written 30 stop sale, use or removal order to the owner or custodian of any pesticide or 31 device to hold such pesticide or device at a designated place when the depart- 32 ment finds such pesticide or device being distributed in violation of any of 33 the provisions of this act or rules, or is likely to cause unreasonable 34 adverse effects on the environment. The director shall release the pesticide 35 or device by written order when the owner or custodian has complied with all 36 of the provisions of this act and rules. 37 (2) The department may issue and enforce a written or printed chem- 38 igation stop work order to any person engaged in, conducting or carrying on 39 chemigation when the department finds the chemigation is in violation of the 40 provisions of this chapter or any rules promulgated pursuant to this chapter. 41 (3) The chemigation stop work order shall be in effect until the provi- 42 sions of this chapter or rules promulgated pursuant to this chapter have been 43 complied with. 44 SECTION 12. That Section 22-3414, Idaho Code, be, and the same is hereby 45 amended to read as follows: 9 1 22-3414. INSPECTION. (1) For the purpose of carrying out the provisions 2 of this act the director may enter on any public or private premises at rea- 3 sonable times in order to have access for the purpose of observing the use and 4 application of pesticides, inspecting records that are required to be main- 5 tained by this act, chemigation equipment and standards, chemical use 6 for chemigation, spraying equipment, storage facilities, disposal 7 areas, investigating complaints of injury, inspection and sampling of land and 8 sampling pesticides being distributed, offered for sale, applied or to be 9 applied. The department shall conduct, or make provision to conduct, at 10 least two hundred fifty (250) annual chemigation system inspections to assure 11 the effectiveness of the chemigation system from keeping chemicals out of sur- 12 face and ground water. 13 (2) Should the director be denied access to any land where such access 14 was sought for the purposes set forth in this act, he may apply to any court 15 of competent jurisdiction for a search warrant authorizing access to such land 16 for said purposes. The court may, upon such application, issue the search war- 17 rant for the purposes requested. 18 SECTION 13. That Section 22-3420, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 22-3420. PROHIBITED ACTS. No person shall: 21 (1) Use a pesticide in a manner inconsistent with its labeling except as 22 provided for by rule. 23 (2) Make pesticide recommendations in a manner inconsistent with its 24 labeling except as provided for by rule. 25 (3) Make false or misleading claims through any media relating to the 26 effect of pesticides or application methods to be utilized. 27 (4) Operate a faulty or unsafe pesticide spray apparatus, aircraft, or 28 other application device or equipment. 29 (5) Operate a faulty or unsafe chemigation system. 30 (6) Apply ineffective or improper pesticides. 31 (67 ) Make false, misleading or fraudulent 32 records, reports or application forms required by the provisions of this act. 33 (78 ) Apply pesticides in a faulty, careless, or 34 negligent manner. 35 (89 ) Refuse or neglect to keep and maintain 36 records required by the provisions of this act, or to make reports when and as 37 often as required. 38 (910 ) Distribute, sell or offer for sale any 39 pesticide or device which is misbranded. 40 (101 ) Formulate, distribute, sell or offer for 41 sale any pesticide which is adulterated. 42 (112 ) Distribute, sell or offer for sale any 43 pesticide except in the manufacturer's original unbroken container. 44 (123 ) Refuse or neglect to comply with any limi- 45 tations or restrictions placed on a license or permit issued under the provi- 46 sions of this act. 47 (134 ) Refuse or neglect to comply with any other 48 provisions of this act or rule, or any lawful order of the director. 49 (145 ) Aid or abet a licensed or an unlicensed 50 person to evade the provisions of this act, conspire with such licensed or an 51 unlicensed person to evade the provisions of this act, or allow one's license 52 or permit to be used by another person. 53 (156 ) Make false or misleading statements during 10 1 or after an inspection concerning any infestation or infection of pests found 2 on land. 3 (167 ) Impersonate any federal, state, county or 4 city inspector or official. 5 (178 )No person shall uU 6 se or supervise the use of any restricted-use pesticide, or any state 7 restricted-use pesticide withoutthat person's first complying8 having complied with the licensing requirements pursuant to this 9 act, and such other restrictions as had been determined by the director as 10 necessary to prevent unreasonable adverse effects on the environment, includ- 11 ing injury to the applicator, persons, or land, provided, that acompe-12tentperson who is not a certified applicator but an employee of a 13 licensed private applicator may use a restricted-use pesticide or a state 14 restricted-use pesticide under the direct supervision of the licensed private 15 applicator unless otherwise prescribed by the labeling of the pesticide. 16 (19) Use or supervise the use of a chemical in a chemigation system 17 without having complied with the licensing requirements pursuant to this act 18 and rules, and such other restrictions as have been determined by the direc- 19 tor. A person who is not a certified applicator but an employee of a licensed 20 private applicator may use chemicals under the direct supervision of a 21 licensed private applicator unless otherwise prescribed by the labeling of the 22 chemical. 23 (20) Chemigate without installing the proper chemigation equipment to 24 protect against surface or ground water contamination. 25 (21) Fail to abide by the conditions of a stop sale, use or removal 26 order, or chemigation stop work order. 27 (22) Offer for sale, hold for sale, sell, barter, ship, deliver for ship- 28 ment, or receive and, having so received, deliver or offer to deliver, chemi- 29 cals for chemigation to an unlicensed person. 30 SECTION 14. That Section 22-3421, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 22-3421. ADOPTION AND SCOPE OF RULES. (1) The director is authorized to 33 adopt appropriate rules for carrying out the purpose and provisions of this 34 act including , but not limited to , rules providing 35 for: 36 (a) The collection and examination of samples of pesticides or devices; 37 and 38 (b) the safe handling, transportation, storage, display, distribution and 39 disposal of pesticides and their containers; and 40 (c) procedures in making pesticide recommendations; and 41 (d) procedures for obtaining permits; and 42 (e) regulating the labeling of devices; and 43 (f) procedures to take possession and dispose of canceled, suspended, or 44 otherwise unusable pesticides held by persons. For the purpose of this 45 section, the department may become a hazardous waste generator, and may 46 set fees to partially offset an agricultural chemical waste disposal 47 program's cost ; and 48 (g) antipollution devices, chemigation equipment requirements, per- 49 formance standards and installation requirements; and 50 (h) listing of the sites where chemigation will be conducted by the 51 applicator . 52 (2) Such rules shall be promulgated in accordance with chapter 52, title 53 67, Idaho Code.
STATEMENT OF PITRPOSE
RS08397C1
The purpose of this legislation is to combine the Chemigation
law, title 22, chapter 14, Idaho Code, into the Pesticide law,
title 22, chapter 34, Idaho Code. Currently, the two laws are
duplicative and contain inconsistent penalty provisions.
Title 22, chapter 14, Idaho Code, the Chemigation law is being
combined with title 22, chapter 34, Idaho Code, the Pesticides
law; therefore, it is necessary to repeal the current
Chemigation law.
FISCAL IMPACT
None.
CONTACT
Name: Rodney Awe, Agrichemical Specialist
Agency: Idaho State Department of Agriculture
Phone: 332-8605
Statement of Purpose/Fiscal Impact H 99