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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
H0433
|||| 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