2000 Legislation
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HOUSE BILL NO. 433 – Pesticides, sale, unlicensed person


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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.

Name: Rodney Awe
Agency: Department of Agriculture
Phone: 332-8615

Statement of Purpose/Fiscal Impact                     H 43