View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0600...............................................by AGRICULTURAL AFFAIRS
PESTICIDES - Adds to existing law relating to pesticides and chemigation to
require the posting of pesticide safety information for agricultural
workers; and to require the posting of pesticide application notices.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Agric Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 600
BY AGRICULTURAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PESTICIDES AND CHEMIGATION; AMENDING CHAPTER 34, TITLE 22, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 22-3427, IDAHO CODE, TO REQUIRE THE
4 POSTING OF PESTICIDE SAFETY INFORMATION FOR AGRICULTURAL WORKERS; AND
5 AMENDING CHAPTER 34, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
6 TION 22-3428, IDAHO CODE, TO REQUIRE THE POSTING OF PESTICIDE APPLICATION
7 NOTICES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 34, Title 22, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 22-3427, Idaho Code, and to read as follows:
12 22-3427. POSTED PESTICIDE SAFETY INFORMATION FOR WORKERS. (1) Require-
13 ment. When workers are on an agricultural establishment and, within the last
14 thirty (30) days, a pesticide covered by this chapter has been applied on the
15 establishment or a restricted-entry interval has been in effect, the agricul-
16 tural employer shall display, in accordance with this section, pesticide
17 safety information.
18 (2) Pesticide safety poster.
19 (a) A safety poster must be displayed that conveys, at a minimum, the
20 following basic pesticide safety concepts:
21 (i) Avoid getting on the skin or into the body any pesticides that
22 may be on plants and soil, in irrigation water, or drifting from
23 nearby applications;
24 (ii) Washing before eating, drinking, using chewing gum or tobacco,
25 or using the toilet;
26 (iii) Wearing work clothing that protects the body from pesticide
27 residues, such as long-sleeved shirts, long pants, shoes, socks and a
28 hat or scarf;
29 (iv) Washing and showering with soap and water, shampooing hair, and
30 putting on clean clothes after work;
31 (v) Washing work clothes separately from other clothes before wear-
32 ing them again;
33 (vi) Washing immediately in the nearest clean water if pesticides
34 are spilled or sprayed on the body and, as soon as possible,
35 showering, shampooing and changing into clean clothes; and
36 (vii) Following directions about keeping out of treated or restricted
37 areas.
38 (b) The pesticide safety poster shall be written in English and Spanish,
39 provided the employer may replace the Spanish portion of the poster with a
40 non-English language read by the largest group of workers who do not read
41 English.
42 (3) Emergency medical care information.
43 (a) The name, address and telephone number of the nearest emergency medi-
2
1 cal care facility shall be on the pesticide safety poster or displayed
2 close to such poster.
3 (b) The agricultural employer shall inform workers promptly of any change
4 to the information on emergency medical care facilities.
5 (4) Location. The pesticide safety poster and emergency medical care
6 information shall be displayed where it can be readily seen and read by work-
7 ers including at each entrance to a field where pesticides are applied, in the
8 nursery or greenhouse, in or near the forest where individuals may be work-
9 ing, and where workers are likely to congregate or pass by, such as at a
10 decontamination site or an equipment storage site.
11 (5) Accessibility. Workers shall be informed of the location of the
12 information and shall be allowed access to read the information.
13 (6) Legibility. The information shall remain legible during the time it
14 is posted.
15 SECTION 2. That Chapter 34, Title 22, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 22-3428, Idaho Code, and to read as follows:
18 22-3428. POSTING APPLICATION NOTICES. (1) The operator of agricultural
19 property shall ensure that signs are posted around treated fields and green-
20 houses in the following circumstances:
21 (a) Whenever a pesticide in toxicity category 1 or 2 is applied unless
22 access to the treated field is controlled in a manner that ensures no
23 employee other than the handlers making the application will enter, work
24 in, remain in, or walk within one-quarter (1/4) mile during the applica-
25 tion and the restricted entry interval; and
26 (b) All greenhouse applications unless access is controlled in a manner
27 that ensures no employee other than the handlers making the application
28 will enter, work in, remain in, or pass through the greenhouse during the
29 application and the restricted entry interval.
30 (2) The warning sign required pursuant to subsection (1) of this section
31 shall:
32 (a) Have a background color that contrasts with red. The words "DANGER,"
33 "PELIGRO," "PESTICIDES" and "PESTICIDAS" shall be at the top of the sign,
34 and the words "KEEP OUT" and "NO ENTRE" shall be at the bottom of the
35 sign. Letters for all words must be clearly legible.
36 (b) Include a circle containing an upraised hand on the left and a stern
37 face on the right near the center of the sign. The inside of the circle
38 must be red, except that the hand and a large portion of the face must be
39 in a shade that contrasts with red. The length of the hand must be at
40 least twice the height of the smallest letters. The length of the face
41 must be only slightly smaller than the hand. Additional information such
42 as the name of the pesticides and the date of application may appear on
43 the warning sign, provided such information does not detract from the
44 appearance of the sign or change the meaning of the required information.
45 (c) Be at least fourteen (14) inches by sixteen (16) inches in size, and
46 the letters shall be at least one (1) inch in height unless a smaller sign
47 and smaller letters are necessary because the treated area is too small to
48 accommodate a sign of this size. If a smaller sign is used, it must meet
49 the proportions and other requirements described in this subsection (2).
50 (d) Include in the lower portion of the sign the following information,
51 which such letters and symbols, if any, shall be of a color that sharply
52 contrasts with the immediate background:
53 (i) The date of unrestricted entry;
3
1 (ii) The name of the operator of the property; and
2 (iii) The field identification, if any.
3 (e) The Spanish portion of the sign may be replaced with another non-
4 English language that is read by a majority of workers who do not read
5 English.
6 (f) Any replacement signs must be in the same format and meet the same
7 size and other requirements as the original.
8 (3) The signs shall:
9 (a) Be posted before the pesticide application begins but shall not be
10 posted unless a pesticide application is scheduled within twenty-four (24)
11 hours;
12 (b) Remain posted and clearly legible throughout the application and the
13 restricted entry interval; and
14 (c) Be removed within three (3) days after the end of the restricted
15 entry interval and before agricultural worker entry is permitted.
16 (4) The signs shall be posted so that they are visible at all usual
17 points of entry to the treated area, include each road, footpath, walkway or
18 aisle that enters the treated field, and each border with any labor camp adja-
19 cent to the treated field. If there are no identified usual points of entry to
20 the treated field, signs shall be posted at the corners of the treated field.
21 When a treated field is adjacent to an unfenced public right-of-way such as a
22 road, trail or path, additional signs shall be posted at each end of the
23 treated field and at intervals not exceeding six hundred (600) feet along the
24 treated field's border with the right-of-way.
25 (5) When a pesticide product with the signal word "DANGER" on the label
26 is being applied to a field through an irrigation system, signs shall be
27 posted in the manner specified in subsection (4) of this section. All letters
28 of such signs shall be at least two and one-half (2 1/2) inches tall and all
29 letters and symbols shall be of a color that sharply contrasts with their
30 immediate background. These signs shall contain the following:
31 (a) An octagon stop sign symbol at least eight (8) inches in diameter
32 containing the word "STOP" in English; and
33 (b) The words "KEEP OUT" and "NO ENTRE" above the symbol and the words
34 "PESTICIDES IN IRRIGATION WATER" and "PESTICIDAS EN AGUA de RIEGO" below
35 the symbol.
36 (6) When a fumigant is applied to a field, signs shall be posted in the
37 manner specified in subsection (4) of this section. These signs shall contain
38 the following information:
39 (a) The skull and crossbones symbol; and
40 (b) The following statements:
41 (i) "DANGER/PELIGRO";
42 (ii) "Area under fumigation, DO NOT ENTER/NO ENTRE";
43 (iii) "(Name of fumigant) Fumigant in use";
44 (iv) The date and time of the fumigation; and
45 (v) The name, address and telephone number of the applicator.
46 (7) Oral warnings. The agricultural employer shall provide oral warnings
47 to workers in a manner that the workers can understand. If a worker will be on
48 the premises during the application, the warning shall be given before the
49 application takes place; otherwise, the warning shall be given at the begin-
50 ning of the worker's first work period during which the application is taking
51 place or the restricted-entry interval for the pesticide is in effect.
52 (a) Farm labor contractors. If the property owner or manager hires a farm
53 labor contractor to supply and supervise workers, the property owner or
54 manager shall provide the warning information to the farm labor contrac-
55 tor. The farm labor contractor shall provide oral warnings to workers in a
4
1 manner that the workers can understand. If a worker will be on the prem-
2 ises during the application, the warning shall be given before the appli-
3 cation takes place; otherwise, the warning shall be given at the beginning
4 of the worker's first work period during which the application is taking
5 place or the restricted-entry interval for the pesticide is in effect.
6 (b) The oral warning shall consist of:
7 (i) The location and description of the treated area;
8 (ii) The time during which entry is restricted; and
9 (iii) Instructions not to enter the treated area until the
10 restricted-entry interval has expired.
11 (8) Exceptions. This section does not apply when any pesticide is applied
12 on an agricultural establishment in the following circumstances:
13 (a) For mosquito abatement, Mediterranean fruit fly eradication, or simi-
14 lar wide-area public pest control programs sponsored by governmental enti-
15 ties;
16 (b) On livestock or other animals or in or about animal premises;
17 (c) On plants grown for other than commercial or research purposes, which
18 may include plants in habitations, home fruit and vegetable gardens, and
19 home greenhouses;
20 (d) On plants that are in ornamental gardens, parks, and public or pri-
21 vate lawns and grounds that are intended only for aesthetic purposes or
22 climate modification;
23 (e) By injection directly into agricultural plants, provided direct
24 injection does not include "hack and squirt," "frill and spray," chemiga-
25 tion, soil incorporation or soil injection;
26 (f) In a manner not directly related to the production of agricultural
27 plants including, but not limited to, structural pest control, control of
28 vegetation along rights-of-way and in other noncrop areas, and pasture and
29 rangeland use;
30 (g) For control of vertebrate pests;
31 (h) As attractants or repellents in traps;
32 (i) On the harvested portions of agricultural plants or on harvested tim-
33 ber; and
34 (j) For research uses of unregistered pesticides.
35 (9) The owner of an agricultural establishment is not required to provide
36 the notices required in this section to himself or members of his immediate
37 family who are performing tasks related to the production of agricultural
38 plants on their own agricultural establishment.
STATEMENT OF PURPOSE
RS 15916
The legislation relates to pesticides and chemigation; amending
Chapter 34, Title 22, Idaho Code, by the addition of a new section
22-2427, Idaho Code, to require posting of pesticide safety
information for agricultural workers; and amending Chapter 34,
Title 22, Idaho code, by the addition of a new section 22-3428,
Idaho Code, to require the posting of pesticide application
notices.
FISCAL NOTE
There will be no impact on the state General fund.
Contact
Name: Representative Tom Trail
Phone: (208) 332-1000
Representative Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE H 600