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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
|||| 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
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