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S1238......................................................by STATE AFFAIRS
CHEMIGATION - Amends existing chemigation law to further define "chemical."
02/25 Senate intro - 1st rdg - to printing
02/26 Rpt prt - to Agric Aff
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 27-0-8
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
Parry, Thorne
Floor Sponsor - Sandy
Title apvd - to House
03/05 House intro - 1st rdg - to Agric Aff
S1238|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1238 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CHEMIGATION; AMENDING SECTION 22-3401, IDAHO CODE, AS AMENDED BY 3 HOUSE BILL 99, ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-FIFTH 4 IDAHO LEGISLATURE, TO FURTHER DEFINE THE TERM "CHEMICAL." 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 22-3401, Idaho Code, as amended by House Bill 99, 7 enacted by the First Regular Session of the Fifty-fifth Idaho Legislature, be, 8 and the same is hereby amended to read as follows: 9 22-3401. DEFINITIONS. When used in this act: 10 (1) "Adulterated" means a pesticide is adulterated for the purpose of 11 this act if the strength or purity of the pesticide is below the purported or 12 professed standard of quality as expressed in its labeling, or any substance 13 has been substituted wholly or in part for any ingredient of the pesticide, or 14 any valuable constituent thereof has been omitted wholly or in part. 15 (2) "Antipollution device" means any mechanical equipment used to reduce 16 hazard to the environment in cases of malfunction or shutdown of chemigation 17 equipment during chemigation and may include, but not be limited to, inter- 18 lock, irrigation line check valve, chemical line closure device, vacuum relief 19 device and automatic low-pressure drain. 20 (3) "Certified applicator" means a person who has qualified as a profes- 21 sional applicator, or private applicator under the provisions of this act and 22 the rules promulgated by the director. 23 (4) "Chemical" means any fertilizer , other chemicals, animal 24 wastes, food processing byproducts or pesticide. 25 (5) "Chemigation" means any process whereby chemicals are added to irri- 26 gation water applied to land, crops or plants through an irrigation system, 27 such as, but not limited to, agricultural, nursery, turf, lawn, golf course 28 and greenhouse sites. 29 (6) "Defoliant" means any substance or mixture of substances intended for 30 causing the foliage to drop from a plant, with or without causing abscission. 31 (7) "Department" means the Idaho department of agriculture. 32 (8) "Desiccant" means any substance or mixture of substances intended for 33 artificially accelerating the drying of plant tissues. 34 (9) "Designated agent" means an employee or agent of the state authorized 35 by the director to perform various duties in connection with enforcement of 36 this act. 37 (10) "Device" means an instrument or contrivance, other than a firearm, 38 intended to trap, destroy, control, repel or mitigate any pest or any other 39 form of plant or animal life, other than man and other than bacteria, virus, 40 or other microorganism on or in living man or other living animals, but does 41 not include equipment used for the application of pesticides when sold sepa- 42 rately therefrom. 43 (11) "Director" means the director of the department of agriculture of the 2 1 state of Idaho. 2 (12) "Distribute" means to offer for sale, hold for sale, sell, barter, 3 ship, deliver for shipment, or receive and, having so received, deliver or 4 offer to deliver, pesticides in this state. 5 (13) "Environment" includes water, air, land, and all plants and man and 6 other animals living therein, and the interrelationships which exist among 7 these. 8 (14) "EPA" means the United States Environmental Protection Agency. 9 (15) "Fertilizer" means any formulation or product used as a plant nutri- 10 ent which is intended to promote plant growth and contains one (1) or more 11 plant nutrients. 12 (16) "General use pesticide" means any pesticide which is not a 13 restricted-use pesticide. 14 (17) "Irrigation system" means any device or combination of devices having 15 a hose, pipe, or other conduit which connects directly to any source of ground 16 or surface water, through which water or a mixture of water and chemicals is 17 drawn and applied to land, crops or plants. The term does not include any 18 hand-held sprayer or other similar device which is constructed so that an 19 interruption in water flow automatically prevents any backflow into the water 20 source. 21 (18) "Label or labeling" means the written, printed or graphic matter on 22 or attached to the pesticide or device or any of its containers or wrappers. 23 It would also include all other written, printed or graphic material that 24 accompanies the pesticide or device at any time. 25 (19) "Land" means all land and water areas, including airspace, and all 26 plants, animals, structures, buildings, contrivances, and machinery appurte- 27 nant thereto or situated thereon, fixed or mobile, including any used for 28 transportation. 29 (20) "Misbranded" shall apply to (a) any pesticide or device if its label- 30 ing bears any false or misleading statement, design or graphic representation, 31 and (b) any pesticide if such pesticide is not labeled as required by section 32 22-3402, Idaho Code, and (c) any pesticide if the labeling bears any reference 33 to the registration provisions of section 22-3402, Idaho Code, unless such 34 reference is required by rules promulgated by the director. 35 (21) "Person" means any individual, partnership, association, fiduciary 36 corporation, or any organized group of persons whether incorporated or not. 37 (22) "Pest" means (a) any insect, rodent, nematode, fungus, weed, or (b) 38 any other form of terrestrial or aquatic plant or animal life or virus, bacte- 39 ria, or other microorganism, except virus, bacteria, or other microorganism on 40 or in living man or other living animals, which the director declares to be a 41 pest. 42 (23) "Pesticide" means but is not limited to (a) any substance or mixture 43 of substances intended to prevent, destroy, control, repel or mitigate any 44 insect, rodent, nematode, snail, slug, fungus, weed and any other form of 45 plant or animal life or virus, except virus or fungus on or in living man or 46 other animal, which is normally considered to be a pest or which the director 47 may declare to be a pest, and (b) any substance or mixture of substances 48 intended to be used as a plant regulator, defoliant or desiccant, and (c) any 49 spray adjuvant. 50 (24) "Pesticide dealer" means a person who distributes any restricted-use 51 pesticide or general use pesticide except those exempted in section 22-3406, 52 Idaho Code, or any pesticide whose uses or distribution are further restricted 53 by the director by rule. 54 (25) "Pesticide equipment" means any equipment, machinery, or apparatus 55 used in the actual application of pesticides including aircraft and ground- 3 1 spraying equipment. 2 (26) "Pesticide industry representative" means a person who is a pesticide 3 manufacturer's representative, distributor's representative, or any field rep- 4 resentative of any company or organization that deals in agricultural commodi- 5 ties, who uses or supervises the application of restricted-use pesticides 6 solely for the purpose of demonstrating the use of the restricted-use pesti- 7 cide. 8 (27) "Plant regulator" means any substance or mixture of substances 9 intended through physiological action, for accelerating or retarding the rate 10 of growth or rate of maturation, or for otherwise altering the behavior of 11 plants or the produce thereof, but shall not include substances to the extent 12 that they are intended as plant nutrients, trace elements, nutritional chemi- 13 cals, plant inoculants and soil amendments. 14 (28) "Private applicator" means a person who: (a) uses or supervises the 15 use of restricted-use pesticides to produce agricultural commodities or forest 16 crops on land owned or rented by him or his employer; or (b) applies 17 restricted-use pesticides on the property of another without compensation 18 other than the trading of personal services between producers of agricultural 19 commodities; or (c) applies chemicals through irrigation systems on land owned 20 or rented by him or his employer. 21 (29) "Professional applicator" means a person who: (a) applies pesticides 22 upon the land or property of another for compensation, or applies chemicals 23 through irrigation systems upon the land or property of another for compensa- 24 tion; or (b) uses or supervises the use of restricted-use pesticides and is 25 not a private applicator; or (c) offers or supplies technical advice or recom- 26 mendations regarding the use of agricultural pesticides. 27 (30) "Restricted area" means an area established under the provisions of 28 section 22-3419, Idaho Code, to prohibit or restrict the application of pesti- 29 cides in order to prevent injury to land, people, animals, crops or the envi- 30 ronment. 31 (31) "Restricted-use pesticide" means any pesticide or pesticide use clas- 32 sified for restricted use by the administrator of EPA. 33 (32) "Spray adjuvant" means any wetting agent, spreading agent, deposit 34 builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or 35 similar agent with or without toxic properties of its own intended to be used 36 with any other pesticide as an aid to the application or to the effect 37 thereof, and which is in a separate container from that of the pesticide with 38 which it is to be used. 39 (33) "State restricted pesticide use" means any pesticide use which, when 40 used as directed in accordance with a widespread and commonly recognized prac- 41 tice, may be further restricted when the director determines, subsequent to a 42 hearing, that additional restrictions are needed for that use to prevent 43 unreasonable adverse effects on the environment including man, lands, benefi- 44 cial insects, animals, crops and wildlife, other than pests. 45 (34) "Under the direct supervision of a certified private applicator" 46 means that, unless otherwise prescribed by its labeling, a pesticide shall be 47 considered to be applied under the direct supervision of a certified private 48 applicator if it is applied by a competent person acting under the instruc- 49 tions and control of a certified private applicator who is available if and 50 when needed, even though the certified private applicator is not physically 51 present at the time and place the pesticide is applied. 52 (35) "Unreasonable adverse effects on the environment" means any unreason- 53 able risk to man or the environment, taking into account the economic, social, 54 and environmental costs and benefits of the use of any pesticide. 55 (36) "Wildlife" means all living things that are neither human, domesti- 4 1 cated, nor as defined in this act, pests, including but not limited to, mam- 2 mals, birds and aquatic life.
STATEMENT OF PURPOSE
RS 09142C1
The purpose of this legislation is to include chemicals and
animal waste and food processing byproducts in Idaho's
Chemigation Statute.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Senator John Sandy
office - 332-1305
STATEMENT OF PURPOSE/ FISCAL NOTE
S1238