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H0433...............................................by AGRICULTURAL AFFAIRS PESTICIDES - Amends existing law to provide for the sale of restricted use pesticides to an unlicensed person when the restricted use pesticide is to be applied by a licensed applicator. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Agric Aff 02/25 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 02/29 3rd rdg - PASSED - 65-0-5 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann NAYS -- None Absent and excused -- Ellsworth, Gould, Montgomery, Wood, Mr Speaker Floor Sponsor - Field(20) Title apvd - to Senate 03/01 Senate intro - 1st rdg - to Agric Aff 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Williams Title apvd - to House 03/29 To enrol 03/30 Rpt enrol - Sp signed - Pres signed 03/31 To Governor 04/03 Governor signed Session Law Chapter 142 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 433 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO PESTICIDES AND CHEMIGATION LAW; AMENDING SECTION 3 22-3406, IDAHO CODE, TO PROVIDE FOR THE SALE OF RESTRICTED USE PESTICIDES 4 TO AN UNLICENSED PERSON WHEN THE RESTRICTED USE PESTICIDE IS TO BE APPLIED 5 BY A LICENSED APPLICATOR; AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 22-3406, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 22-3406. PESTICIDE DEALERS. No person shall act as a pesticide dealer 10 without first obtaining a pesticide dealer's license issued by the department. 11 (1) Licensing: 12 (a) Application for a pesticide dealer's license shall be on a form pre- 13 scribed by the department and shall be accompanied by a fee as prescribed 14 by rule; and 15 (b) an applicant who sells restricted-use pesticides must pass the 16 department's examination in order to demonstrate his knowledge of how to 17 use and handle pesticides in areas relevant to the operation he intends to 18 undertake; and 19 (c) such application shall be due as prescribed by rule; and 20 (d) a license shall be required for each location, outlet, or warehouse 21 from which such pesticides are distributed; and 22 (e) for an applicant selling restricted-use pesticides an examination fee 23 will be charged as prescribed by rule and an additional examination fee of 24 five dollars ($5.00) shall be charged when an exam is requested at other 25 than a regularly scheduled examination date. 26 (2) Records and Reports: 27 (a) Restricted-use pesticides or devices: The director shall require a 28 pesticide dealer to keep accurate sale and distribution records of 29 restricted-use pesticides or devices as prescribed by rule; 30 (i) The director may also require a pesticide dealer to maintain 31 other records and furnish reports for restricted-use pesticides or 32 devices he determines necessary to implement the provisions of this 33 act; and 34 (ii) Records shall be maintained for three (3) years and be avail- 35 able for inspection and reproduction by the director at all reason- 36 able times; and 37 (iii) The dealer shall be required to post total sales of each 38 restricted-use pesticide by county and shall not include detailed 39 customer sales records or customer invoice records. This report shall 40 be furnished to the director no more than two (2) times per year as 41 prescribed by rule. 42 (b) General use pesticides: The director shall require a pesticide dealer 43 to keep accurate sale and distribution records as prescribed by rule of 2 1 general use pesticides except those exempted in subsection (4) of this 2 section. 3 (i) 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 (ii) The dealer shall be required to report total sales of each gen- 7 eral use pesticide by county and shall not include detailed customer 8 sales records or customer invoice records. This report shall be fur- 9 nished to the director no more than two (2) times per year as pre- 10 scribed by rule; and 11 (iii) The director may require dealers to furnish other reports of 12 these records in the case of emergency as provided by rule. 13 (3) Pesticide dealers shall sell restricted-use pesticides (RUP) only to 14 licensed professional and private applicators, and dealers; however, pesticide 15 dealers may sell an RUP to an unlicensed person provided the application of 16 the RUP is made by a licensed professional applicator or licensed private 17 applicator. 18 (4) Exemptions: 19 (a) A manufacturer's representative or wholesale distributor shall be 20 exempt from subsection (1) of this section provided such representative or 21 distributor does not have a warehouse in Idaho that pesticides are sold, 22 stored or distributed from; and 23 (b) federal, state and other governmental agencies are exempt from the 24 examination and licensing fees of this section; and 25 (c) the director may exempt a pesticide from the provisions of subsection 26 (1) or (2) of this section by rule if it is determined that licensing or 27 recordkeeping is not necessary for selling the pesticide. 28 (5) A user of a pesticide, without obtaining a pesticide dealer's 29 license, may for the exclusive purpose of keeping it from becoming a waste, 30 distribute a properly labeled pesticide to another user who is legally enti- 31 tled to use that pesticide. 32 SECTION 2. This act shall be in full force and effect on and after July 33 1, 2000.
STATEMENT OF PURPOSE RS09366 The Idaho Pesticides and Chemigation Law, Title 22, Chapter 34, Idaho Code, prohibits the sale of a restricted-use pesticide (RUP)to an unlicensed person. This legislation will allow the RUP to be sold to an unlicensed person as long as it is applied by a licensed applicator. FISCAL IMPACT There is no fiscal impact associated with this legislation. CONTACT Name: Rodney Awe Agency: Department of Agriculture Phone: 332-8615 Statement of Purpose/Fiscal Impact H 43