2001 Legislation
Print Friendly

HOUSE BILL NO. 70 – Pesticide dealers license, reqmts


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0070...............................................by AGRICULTURAL AFFAIRS
PESTICIDE DEALERS - Amends existing law to require that an applicant for a
pesticide dealer's license who sells restricted-use pesticides must obtain
a professional applicator license in addition to meeting other existing
01/19    House intro - 1st rdg - to printing
01/22    Rpt prt - to Agric Aff
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 57-11-2
      AYES -- Barraclough, Bedke, Bieter, Black, Boe, Bolz, Bradford,
      Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis,
      Ellsworth, Eskridge, Field(13), Field(20), Hadley, Hammond, Harwood,
      Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake,
      Langford, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Sellman, Shepherd, Smith, Smylie, Stone, Swan, Tilman, Trail,
      Young, Mr. Speaker
      NAYS -- Barrett, Bell, Bruneel, Gagner, Gould, Hornbeck, McKague,
      Schaefer, Stevenson, Wheeler, Wood
      Absent and excused -- Callister, Loertscher
    Floor Sponsor -- Bolz
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Agric Aff
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Goedde
    Title apvd - to House
03/22    To enrol - rpt enrol - Sp signed
03/23    Pres signed
03/26    To Governor
03/28    Governor signed
         Session Law Chapter 249
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 70
                             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 and obtain a professional applicator's license in
 17        order  to demonstrate his knowledge of how to use and handle pesticides in
 18        areas relevant to the operation he intends to 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.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE 
                             RS 10477
                                   The Idaho Pesticides and Chemigation Law, Title 22, Chapter
    34, Section (1)(b), Idaho Code, specifies that any person
    selling restricted use pesticides, shall obtain a pesticide
    dealers license and pass the department's examination.  This
    legislation will specify that in addition to the above the
    person shall also obtain a professional applicator's
    The amendment will address those persons who are pesticide dealers and who offer or
    supply technical advice or recommendations regarding the use of agricultural pesticides
    [Section 22-3401 (29) (c), Idaho Code].  The amendment will also provide consistency with
    the Rules Governing Pesticide and Chemigation Use and Application.
                          FISCAL IMPACT
      This legislation would generate no more than $4,800 in
    additional licensing fees from pesticide dealers. 
      Name:   Rodney Awe,Department of Agriculture 
    Phone:    332-8615
    Statement of Purpose/Fiscal Impact                H7