Changes to Existing Law

Bulk pesticide storage facility permit--Revocation of permit-- Penalty. No person may establish or operate a bulk pesticide storage facility without obtaining a bulk pesticide storage facility permit from the secretary. The secretary may establish by rule pursuant to chapter 1-26, a bulk pesticide storage facility permit system and operational requirements necessary for secondary containment of bulk pesticide for the protection of the environment and human health. The secretary may require that appropriate plans and specifications for construction and operation of a bulk pesticide storage facility be submitted for approval prior to the issuance, modification, suspension, or revocation of a permit. If a bulk pesticide storage facility is operating in violation of the permit requirements established pursuant to in rules promulgated under this section chapter, the secretary may grant a reasonable period of time for the facility to comply with the rules. If the facility does not comply with the rules in the prescribed period of time, the secretary shall revoke the operating permit pursuant to chapter 1-26. Any 33 Catchlines are not law. (§ 2-16-13.1) person operating a bulk pesticide storage facility without a permit issued pursuant to this section, or operating with a revoked permit is guilty of a Class 1 misdemeanor. A violation of this section is a Class 1 misdemeanor.

Operation without permit--Civil penalty, injunctive, or declaratory relief. Any Notwithstanding any other provision of this chapter, any person who operates a bulk storage facility without a permit or violates the bulk pesticide storage facility permit provision of this chapter is subject to a civil action in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation. In addition, the secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court.

Existing bulk pesticide storage--Alteration--Plans prepared-- Rules prohibited. The department secretary may not promulgate a rule requiring that plans, specifications, and supporting information submitted for an alteration of an existing bulk pesticide storage facility or the construction of a new site be prepared by a registered professional engineer. Nothing in this section shall prohibit prohibits an operator of a bulk pesticide storage facility from voluntarily having the plans, specifications, and supporting information prepared by a registered professional engineer.

30 Catchlines are not law. (§ 2-16-13.1) 38-21-18. Standards for certification of applicators--Promulgation of rules. The secretary of agriculture in promulgating may promulgate rules, pursuant to chapter 1-26 for this chapter shall, to prescribe standards for the certification of all applicators of pesticides. Such The standards shall relate to the use and handling of the pesticides, or to the use and handling of the pesticide or class of pesticides covered by the individual's certification, and shall be relative relate to the hazards involved. In determining these standards, the secretary shall take into consideration consider the standards of the federal Environmental Protection Agency.

Qualified applicants--Issuance of license--Denial of application. If the secretary of agriculture finds the applicant qualified to apply pesticides in the classifications he has for which the applicant applied for, after such examinations as the secretary shall require by regulation, and if the applicant applying for a license to engage in aerial application of pesticides has met all the requirements of the Federal Aviation Agency, the Aeronautics Commission of this state, and any other applicable federal or state laws or regulations to operate the equipment described in the application, the secretary shall issue a licensed an applicator's license limited to the classifications for which he the applicant is qualified. The secretary may deny any application for any applicator's license if the secretary finds that the applicant has violated any provisions of this chapter.

Licensure--Denial or non-issuance--Written explanation. If an any applicator's license is denied or not issued as applied for, the secretary of agriculture shall inform the applicant in writing of the reasons therefor for the denial or non-issuance.

Applicator's license--Restrictions. The secretary of agriculture may limit the license of the any applicant to the use of certain pesticides, or to certain areas, or to certain types of equipment if the applicant is only so qualified based upon the applicant's qualifications.

31 Catchlines are not law. (§ 2-16-13.1) 38-21-24. Private and commercial applicators--Records--Promulgation of rules. The secretary of agriculture may establish may promulgate rules, pursuant to chapter 1-26, to require private and commercial applicators to maintain such any pesticide application records as he may deem the secretary determines are necessary.

Pesticide dealer--Unlicensed operation--Misdemeanor--Civil penalty. It is a Class 2 misdemeanor for any person to act in the capacity of a licensed No person may act as a pesticide dealer or advertise as a licensed pesticide dealer at any time without first having obtained a obtaining a pesticide dealer's license from the Department of Agriculture that shall expire on the last day of February of the second year following the year of issue issued by the secretary. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Physicians, veterinarians, and pharmacists--Exemption. Licensed physicians, veterinarians, and pharmacists shall be Any licensed physician, veterinarian, or pharmacist is exempt from the provisions of § 38-21-33.1 if not over less than three percent of total sales is derived from the sale of pesticides.

Pesticide applicators and government agencies--Exemption. Section The provisions of § 38-21-33.1 shall do not apply to a licensed any commercial pesticide applicator who sells pesticides only as an integral part of his pesticide an application service when such if the pesticides are dispensed only through equipment used for such pesticide application, or any federal, state, county, or municipal agency which that provides pesticides only for its the agency's own programs.

30 Catchlines are not law. (§ 2-16-13.1) 38-21-33.4. License required for outlets--Transitory locations prohibited. A pesticide dealer's license shall be is required for each location or outlet located within this state from which such pesticides are distributed; however, any. A manufacturer, registrant, or distributor who has no pesticide dealer outlet location licensed within this state and, but who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his the principal out-of-state location or outlet of the manufacturer, registrant, or distributor. Licensed locations shall A licensed location may not be transitory.

Denial, suspension, or revocation of dealer's license--Hearing. The A pesticide dealer's license shall be is subject to denial, suspension, or revocation after a hearing, pursuant to chapter 1-26, for any violation of this chapter, pursuant to chapter 1-26, whether if the violation was committed by the dealer, or by the dealer's officer, agent, or employee.

Pesticide dealer--Exemption. Any person holding a pesticide dealer dealer's license pursuant to § 38-21-33.1 is exempt from purchasing a poison license for any pesticide which is also listed as a poison under chapter 34-20 and from maintaining a poison register as required in §§ 34-20-4 and 34-20-5.

Veterinarians --Exemption. The licensing requirements of this chapter shall do not apply to any doctor of veterinary medicine a licensed veterinarian applying pesticides other than restricted use restricted-use pesticides to animals during the normal course of his veterinary the veterinarian's practice if he the veterinarian is not principally or regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and does and is not publicly hold himself out identified as a pesticide applicator.

29 Catchlines are not law. (§ 2-16-13.1) 38-21-37. Application without compensation--Exemption. The licensing requirements of this chapter do not apply to any person using handpowered hand-powered equipment to apply pesticides, other than restricted use restricted-use pesticides, to lawns, or to ornamental shrubs and trees not in excess of twelve feet high, if applied without compensation.

Restricted-use pesticide classifications--Promulgation of rules. For the purpose of uniformity and in order to enter into cooperative agreements, the secretary of agriculture may establish may promulgate rules promulgated, pursuant to chapter 1-26, adopting restricted-use pesticides classifications as determined by the federal Environmental Protection Agency. The secretary may also by rules promulgated pursuant to chapter 1-26, to determine state restricted-use pesticides, to restrict the use of certain pesticides, or to disallow the use of certain pesticides for within the state or for within designated areas within of the state.

Unlicensed sale of restricted-use pesticide--Misdemeanor--Civil penalty. It is a Class 2 misdemeanor for any person not licensed No person without a pesticide dealer's license issued by the secretary under the provisions of this chapter to may sell any restricted-use pesticide to any person not certified under the provisions of this chapter. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Sale of restricted-use pesticide to unlicensed person-- Misdemeanor--Civil penalty. Any licensed No pesticide dealer who sells may sell a restricted-use pesticide to any person who is not licensed or certified under the provisions of this chapter is guilty of a Class 2 misdemeanor. A violation of this section is a Class 2 misdemeanor. In addition 31 Catchlines are not law. (§ 2-16-13.1) to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund. Any licensed pesticide dealer is responsible for acts committed by his the pesticide dealer's officers, agents, or employees under the civil penalty provisions of this section.

Unlicensed buying of restricted-use pesticide--Misdemeanor-- Civil penalty. Any No person not certified under the provisions of without a license issued under this chapter who buys may buy any restricted-use pesticide is guilty of. A violation of this section is a Class 2 misdemeanor. In addition to any criminal penalty, any person who violates this section is subject to a civil penalty not to exceed five thousand dollars per violation. Any civil penalty under this section shall be imposed by the circuit court. Any civil penalty collected shall be deposited into the state general fund.

Reciprocal waiver of examinations. The secretary of agriculture may waive any examination requirement provided for under any provision of this chapter on a reciprocal basis with any other state which has substantially the same standards.

Cooperation with other agencies. The secretary of agriculture may cooperate, receive grants-in-aid, and enter in to into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, to obtain assistance in the implementation of this chapter; to secure uniformity of regulations; to cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs; to develop and administer state programs for training and certification of certified applicators consistent with federal standards; to contract for training with other agencies including federal agencies for the purpose of training certified applicators; to contract for monitoring 31 Catchlines are not law. (§ 2-16-13.1) pesticides for the national plan; to prepare and submit state plans to meet federal certification standards and issuance of experimental permits; and to regulate certified applicators.

Entry and inspection by secretary. So far as it may be necessary to To perform any duty pursuant to the provisions of this chapter, the secretary of agriculture may enter upon any public or private premises at any reasonable time to inspect any pesticide-related equipment and the premises on which such the equipment is kept or stored, to inspect lands actually or reportedly exposed to pesticides, to inspect storage or disposal areas, to investigate complaints of injury to humans or land, to examine any records required to be maintained pursuant to this chapter, or to sample pesticides being applied or to be applied. The secretary may apply to any court of competent jurisdiction for a search warrant authorizing access to any land or premises to which the secretary may be denied access.

Cause of action--Injunction. The secretary of agriculture may bring cause an action to commence in any court of competent jurisdiction to enjoin the violation or threatened violation of any provision of this chapter.

Notification of pesticide application--Promulgation of rules. The secretary of agriculture may promulgate rules, pursuant to chapter 1-26, to require posting of pesticide application sites and notification of notifying the public or other individuals who may be affected by a pesticide application that has occurred or will occur in the future.

28 Catchlines are not law. (§ 2-16-13.1) 38-21-57. Pesticide regulatory fund--Administration--Expenditures. Funds collected pursuant to §§ 38-21-17, 38-21-23, and 38-21-33.5, and 38-21- 43 shall be deposited with the state treasurer in a special revenue fund hereby created in the state treasury known as the pesticide regulatory fund. This fund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and the fees received pursuant to this chapter. The fund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the pesticide program. Expenditures from the fund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. 10