Print Friendly HOUSE BILL NO. 99 – Chemigation/pesticide law, combined
HOUSE BILL NO. 99
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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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN 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-
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 ( 3 6 ) "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 ( 4 7 ) "Department" means the Idaho
16 department of agriculture.
17 ( 5 8 ) "Desiccant" means any substance or mixture
18 of substances intended for artificially accelerating the drying of plant tis-
20 ( 6 9 ) "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 ( 7 10 ) "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 ( 8 11 ) "Director" means the director of the
30 department of agriculture of the state of Idaho.
31 ( 9 12 ) "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 (1 0 3 ) "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 (1 1 4 ) "EPA" means the United States Environmen-
38 tal Protection Agency.
39 (1 2 5 ) "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 (1 3 6 ) "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
51 (1 4 8 ) "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 (1 5 9 ) "Land" means all land and water areas,
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 ( 16 20 ) "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 ( 17 21 ) "Person" means any individual, partner-
12 ship, association, fiduciary corporation, or any organized group of persons
13 whether incorporated or not.
14 ( 18 22 ) "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 ( 19 23 ) "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 (2 0 4 ) "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 (2 1 5 ) "Pesticide equipment" means any equipment,
32 machinery, or apparatus used in the actual application of pesticides including
33 aircraft and ground-spraying equipment.
34 (2 2 6 ) "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 (2 3 7 ) "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 (2 4 8 ) "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) applies pesticides or fertil-
52 izers chemicals through irrigation systems on land owned
53 or rented by him or his employer.
54 (2 5 9 ) "Professional applicator" means a person
55 who: (a) applies pesticides upon the land or property of another for compen-
1 sation, or applies pesticides or fertilizers chemicals
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 ( 26 30 ) "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 ( 27 31 ) "Restricted-use pesticide" means any pes-
11 ticide or pesticide use classified for restricted use by the administrator of
13 ( 28 32 ) "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 ( 29 33 ) "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 (3 0 4 ) "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
34 (3 1 5 ) "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 (3 2 6 ) "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
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 ( c d ) show proof of financial responsibility as
14 prescribed by rule; and
15 ( d e ) 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 ( e f ) if at any time a licensed professional
20 applicator fails to maintain the financial responsibility required by
21 paragraph ( c d ) of this subsection, his license
22 shall be automatically suspended until the department receives verifica-
23 tion that he is in compliance with paragraph ( c d
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 injecting pesticides or fertilizers
41 chemicals through irrigation systems; and
42 ( c d ) 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 , or pesticides 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.
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
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)( c d ) 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 due on or before September 1 of each
41 year as 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
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
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-
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:
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 ( 6 7 ) Make false, misleading or fraudulent
32 records, reports or application forms required by the provisions of this act.
33 ( 7 8 ) Apply pesticides in a faulty, careless, or
34 negligent manner.
35 ( 8 9 ) 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 ( 9 10 ) Distribute, sell or offer for sale any
39 pesticide or device which is misbranded.
40 (1 0 1 ) Formulate, distribute, sell or offer for
41 sale any pesticide which is adulterated.
42 (1 1 2 ) Distribute, sell or offer for sale any
43 pesticide except in the manufacturer's original unbroken container.
44 (1 2 3 ) 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 (1 3 4 ) Refuse or neglect to comply with any other
48 provisions of this act or rule, or any lawful order of the director.
49 (1 4 5 ) 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 (1 5 6 ) Make false or misleading statements during
1 or after an inspection concerning any infestation or infection of pests found
2 on land.
3 (1 6 7 ) Impersonate any federal, state, county or
4 city inspector or official.
5 (1 7 8 ) No person shall u U
6 se or supervise the use of any restricted-use pesticide, or any state
7 restricted-use pesticide without that person's first complying
8 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 a compe-
12 tent person 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
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
36 (a) The collection and examination of samples of pesticides or devices;
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
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
Name: Rodney Awe, Agrichemical Specialist
Agency: Idaho State Department of Agriculture
Statement of Purpose/Fiscal Impact H 99