1999 Legislation
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SENATE BILL NO. 1238 – Chemigation law, chemical defined


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1238

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 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


 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-


 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-


 1    cated,  nor  as defined in this act, pests, including but not limited to, mam-
 2    mals, birds and aquatic life.

Statement of Purpose / Fiscal Impact

                    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