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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
requirements.
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
|||| 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
2 RELATING TO LICENSING REQUIREMENTS FOR PESTICIDE DEALERS; AMENDING SECTION
3 22-3406, IDAHO CODE, TO REQUIRE THAT AN APPLICANT FOR A PESTICIDE DEALER'S
4 LICENSE WHO SELLS RESTRICTED-USE PESTICIDES MUST OBTAIN A PROFESSIONAL
5 APPLICATOR'S LICENSE IN ADDITION TO MEETING OTHER EXISTING REQUIREMENTS.
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
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.
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
license.
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.
CONTACT
Name: Rodney Awe,Department of Agriculture
Phone: 332-8615
Statement of Purpose/Fiscal Impact H7