2001 Legislation
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HOUSE BILL NO. 168 – Pesticide applicatn license, exmptn

HOUSE BILL NO. 168

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H0168...............................................by AGRICULTURAL AFFAIRS
PESTICIDE APPLICATORS - Amends existing law relating to licensure for
pesticide and chemigation applicators to provide for an exemption from
licensing requirements for certain persons providing limited pesticide
applications to lawns or ornamental trees and shrubs.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    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 - FAILED - 29-38-3
      AYES -- Bell, Bieter, Black, Boe, Bolz, Bradford, Chase, Deal,
      Ellsworth, Field(13), Field(20), Gould, Henbest, Jones, Kellogg,
      Marley, Montgomery, Mortensen, Moss, Moyle, Pomeroy, Raybould,
      Robison, Sellman, Shepherd, Smylie, Stevenson, Trail, Young
      NAYS -- Barraclough, Barrett, Bedke, Campbell, Clark, Collins, Crow,
      Cuddy, Denney, Ellis, Eskridge, Gagner, Hadley, Hammond, Harwood,
      Higgins, Hornbeck, Jaquet, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, McKague, Meyer, Pearce, Pischner, Roberts, Sali, Schaefer,
      Smith, Stone, Swan, Tilman, Wheeler, Wood, Mr. Speaker
      Absent and excused -- Bruneel, Callister, Ridinger
    Floor Sponsor -- Bolz
    Filed w/ Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 168
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
                                                                        
  1                                        AN ACT
  2    RELATING TO PESTICIDE AND CHEMIGATION APPLICATORS; AMENDING  SECTION  22-3404,
  3        IDAHO  CODE,  TO  PROVIDE FOR AN EXEMPTION FROM LICENSING REQUIREMENTS FOR
  4        CERTAIN PERSONS PROVIDING LIMITED PESTICIDE APPLICATIONS TO  LAWNS  OR  TO
  5        ORNAMENTAL TREES AND SHRUBS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 22-3404, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        22-3404.  PESTICIDE AND CHEMIGATION APPLICATORS -- CLASSIFICATION  LICENS-
 10    ING  REQUIREMENTS. (1) The director may classify pesticide applicator licenses
 11    issued under this act. Such classifications may include, but are  not  limited
 12    to,  professional and private applicators. Separate licensing requirements and
 13    testing procedures may be utilized for each classification.
 14        (2)  Professional Applicators -- no person shall  act  as  a  professional
 15    applicator  without first obtaining a professional applicator's license issued
 16    by the department.
 17        (a)  Application for a license shall  be  on  a  form  prescribed  by  the
 18        department and shall be accompanied by a fee as prescribed by rule; and
 19        (b)  on  the  application for a license to perform chemigation, the appli-
 20        cant must certify that the equipment and system he plans to use for chemi-
 21        gation meet department standards and that the owner and persons  operating
 22        the equipment have read the Idaho rules for chemigation and that the owner
 23        intends  to  operate  and maintain the chemigation system according to the
 24        rules.  On the application for licensure, the department may require other
 25        information as it deems necessary; and
 26        (c)  an applicant must be at least eighteen (18) years  of  age  and  must
 27        pass the department's examination in order to demonstrate his knowledge of
 28        how  to apply, use and handle pesticides or chemicals in areas relevant to
 29        the operations he intends to undertake, or proper  equipment  and  methods
 30        for injecting chemicals through irrigation systems; and
 31        (d)  show proof of financial responsibility as prescribed by rule; and
 32        (e)  an examination fee will be charged as prescribed by rule and an addi-
 33        tional  examination  fee  of five dollars ($5.00) shall be charged when an
 34        exam is requested at other than a regularly  scheduled  examination  date;
 35        and
 36        (f)  if  at  any time a licensed professional applicator fails to maintain
 37        the financial responsibility required by paragraph (d) of this subsection,
 38        his license shall be automatically suspended until the department receives
 39        verification that he is in compliance with paragraph (d) of  this  subsec-
 40        tion.
 41        (3)  Private  Applicator  --  no  person shall act as a private applicator
 42    without first obtaining a private applicator license issued by the department.
                                                                        
                                           2
                                                                        
  1        (a)  Application for a license shall  be  on  a  form  prescribed  by  the
  2        department; and
  3        (b)  on  the  application for a license to perform chemigation, the appli-
  4        cant must certify that the equipment and system he plans to use for chemi-
  5        gation meet department standards and that the owner and persons  operating
  6        the  equipment  have  read  the  Idaho  rules for chemigation and that the
  7        owner intends to operate and maintain the chemigation system according  to
  8        the  rules.  On  the application for licensure, the department may require
  9        other information as it deems necessary; and
 10        (c)  an applicant must be at least eighteen (18) years  of  age  and  must
 11        pass the department's examination in order to demonstrate his knowledge of
 12        how  to apply, use and handle pesticides or chemicals in areas relevant to
 13        the operations he intends to undertake or proper equipment and methods for
 14        injecting chemicals through irrigation systems; and
 15        (d)  an applicant must pay a license fee as prescribed by rule.
 16        (4)  If the director finds an applicant qualified for  a  professional  or
 17    private  applicator's  license;  and if an applicant applying for a license to
 18    engage in the application of pesticides  or  chemicals  has  met  all  of  the
 19    requirements  of  any applicable federal or state laws, regulations and rules,
 20    the director shall issue the license. The license or permit may  restrict  the
 21    applicant  to  the  use of a certain type or types of equipment, pesticides or
 22    chemicals. If a license or permit is not issued as applied for, the department
 23    shall inform the applicant in writing of the reasons therefor.
 24        (5)  The director may by rule require professional applicators to maintain
 25    and furnish records forthwith pertaining to the application of pesticides  and
 26    other relevant information as he may deem necessary.
 27        (6)  Licenses  issued  to  dealers,  professional  and private applicators
 28    shall expire as designated by the director unless suspended or revoked as pro-
 29    vided for in section 22-3409, Idaho Code.
 30        (7)  Exemptions:
 31        (a)  The following persons are exempt from subsections (2), (3) and (4) of
 32        this section unless the person is applying chemicals through an irrigation
 33        system:
 34             1.  Any person applying pesticides other than  restricted-use  pesti-
 35             cides  for  himself  or on an exchange of service basis, and who does
 36             not publicly hold himself out as a professional applicator; and
 37             2.  any person using hand-powered equipment to apply providing pesti-
 38             cides other than restricted-use pesticides application to  lawns,  or
 39             to  ornamental  trees and shrubs owned by such person, or as an inci-
 40             dental part of his business of, taking care of  yards  for  remunera-
 41             tion,  and is not holding himself out as a professional applicator or
 42             employment in, lawn care or facilities maintenance, provided that any
 43             pesticide applied is used directly from the  manufacturer's  original
 44             container,  is used according to the label directions, and the pesti-
 45             cide applied does not require any mixing with other materials  before
 46             or  during  loading  into application equipment prior to application;
 47             and
 48             3.  any industry, governmental, University of Idaho research  person-
 49             nel  and extension research personnel who apply pesticides other than
 50             restricted-use pesticides to experimental plots or to demonstrate the
 51             use of pesticides; and
 52             4.  any veterinarian who applies pesticides as an  integral  part  of
 53             his business and does not publicly hold himself out as a professional
 54             applicator.
 55        (b)  Federal,  state,  and other governmental agencies are exempt from the
                                                                        
                                           3
                                                                        
  1        licensing fees provision of subsections (2) and (3) of this section.
  2        (c)  Professional applicators who do not apply pesticides may  receive  an
  3        exemption  from  the proof of financial responsibility required in subsec-
  4        tion (2)(d) of this section, upon submitting a completed  form  prescribed
  5        by the department.

Statement of Purpose / Fiscal Impact


                                
                         STATEMENT OF PURPOSE
                            RS 10801
                                
The purpose of this legislation is to clarify the Pesticide Law
in a manner that will make the application of pesticides in the
urban setting safer.  It will require those lawn care businesses
that provide pest control through the use of hand operated
pesticide applicators to be certified and licensed if they mix
from a concentrate.  Impregnated fertilizer products or granular
pest control products are exempt from this provision.  Pre-
packaged products with the delivery system integrated into the
pre-packaged product are also exempt. 

Benefits of this legislation include the following:
     (1) Increased competency of urban pesticide applicators
     (2) Increased safety for the public
     (3) Increased safety to the applicators
     (4) Regulation equality for all types of urban pesticide
applications
     (5) Possible reduction of pesticide complaints from urban
citizens


                              FISCAL IMPACT
                                 
The fiscal impact of this legislation would mean approximately
$8400 being collected in license fees from prospective
applicators.  This amount is derived from an estimated 70
applicators being licensed over a two year period at $120 each.

          
contact:                                     
Name: Rod Awe or Ben Miller, Idaho Department of Agriculture 
Phone: 332-8615

STATEMENT OF PURPOSE/FISCAL NOTE                     H 168