Bill Text: IA HSB737 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to pesticides, by providing for license fees and tort liability.
Spectrum: Committee Bill
Status: (Introduced) 2024-03-27 - Subcommittee recommends passage. Vote Total: 2-1. [HSB737 Detail]
Download: Iowa-2023-HSB737-Introduced.html
House
Study
Bill
737
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
pesticides,
by
providing
for
license
fees
1
and
tort
liability.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6342YC
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90
da/ns
H.F.
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Section
1.
Section
206.8,
subsection
2,
paragraph
a,
1
subparagraph
(1),
unnumbered
paragraph
1,
Code
2024,
is
amended
2
to
read
as
follows:
3
A
pesticide
dealer
with
less
than
one
hundred
twenty-five
4
thousand
dollars
in
gross
retail
pesticide
sales
shall
pay
a
5
license
fee
according
to
the
following
schedule:
6
Sec.
2.
Section
206.8,
subsection
2,
paragraph
a,
7
subparagraph
(1),
Code
2024,
is
amended
by
adding
the
following
8
new
subparagraph
division:
9
NEW
SUBPARAGRAPH
DIVISION
.
(f)
One
hundred
twenty-five
10
dollars,
if
the
annual
gross
retail
pesticide
sales
are
one
11
hundred
thousand
dollars
or
more
but
less
than
one
hundred
12
twenty-five
thousand
dollars.
13
Sec.
3.
Section
206.8,
subsection
2,
paragraph
b,
14
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
15
(1)
A
pesticide
dealer
with
one
hundred
twenty-five
16
thousand
dollars
or
more
in
gross
retail
pesticide
sales
shall
17
pay
a
license
fee
based
on
one-tenth
of
one
percent
of
the
18
gross
retail
pesticide
sales
in
the
previous
year.
19
Sec.
4.
Section
206.12,
subsection
7,
paragraph
a,
20
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
21
(1)
The
gross
retail
sales
of
all
pesticides
sold
at
22
retail
for
use
in
this
state
by
a
licensee
with
one
hundred
23
twenty-five
thousand
dollars
or
more
in
gross
retail
sales
of
24
the
pesticides
sold
for
use
in
this
state.
25
Sec.
5.
Section
668.12,
Code
2024,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
5.
Notwithstanding
any
provision
to
the
28
contrary,
for
any
pesticide
registered
with
the
United
States
29
environmental
protection
agency
under
the
federal
Insecticide,
30
Fungicide,
and
Rodenticide
Act,
7
U.S.C.
§136
et
seq.,
the
31
label
approved
by
the
United
States
environmental
protection
32
agency
in
registering
the
pesticide,
or
a
label
consistent
with
33
the
most
recent
human
health
assessment
performed
under
the
34
federal
Insecticide,
Fungicide,
and
Rodenticide
Act,
or
a
label
35
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consistent
with
the
United
States
environmental
protection
1
agency
carcinogenicity
classification
for
the
pesticide
2
under
the
federal
Insecticide,
Fungicide,
and
Rodenticide
3
Act,
shall
be
sufficient
to
satisfy
any
requirements
for
a
4
warning
regarding
health
or
safety
under
chapter
206,
any
5
other
provision
or
doctrine
of
state
law,
including
without
6
limitation
the
duty
to
warn,
or
any
other
common
law
duty
to
7
warn.
This
subsection
does
not
apply
to
any
product
made
by
a
8
People’s
Republic
of
China
state-owned
enterprise.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
GENERAL.
This
bill
provides
for
the
sale
and
use
of
certain
13
pesticides
regulated
by
the
United
States
environmental
14
protection
agency
(EPA)
under
the
federal
Insecticide,
15
Fungicide,
and
Rodenticide
Act
(federal
Act)
and
the
“Pesticide
16
Act
of
Iowa”
administered
by
the
department
of
agriculture
and
17
land
stewardship
under
Code
chapter
206
(state
Act).
18
PESTICIDE
LABELING.
The
bill
provides
for
a
defense
from
19
civil
liability
associated
with
the
use
of
pesticides
that
are
20
registered
with
the
EPA
acting
under
the
federal
Act.
The
21
bill
provides
that
a
label
provides
sufficient
warning
if
it
22
complies
with
any
one
of
three
criteria:
(1)
it
was
approved
23
by
the
EPA,
(2)
it
is
consistent
with
the
most
recent
human
24
health
assessment
performed
under
the
federal
Act,
or
(3)
it
25
is
consistent
with
the
EPA’s
carcinogenicity
classification
26
for
the
pesticide.
In
each
case,
the
label
is
sufficient
to
27
satisfy
any
requirements
for
a
warning
regarding
health
or
28
safety
under
the
state
Act,
and
any
other
provision
of
state
29
law
or
any
other
common
law
duty
to
warn.
However,
this
30
provision
of
the
bill
does
not
apply
to
a
product
made
by
a
31
Chinese
state-owned
enterprise.
32
PESTICIDE
DEALER
LICENSE
FEES.
The
bill
changes
the
annual
33
license
fee
rates
for
a
pesticide
dealer
(dealer)
based
on
34
gross
annual
pesticide
sales
made
by
the
dealer
in
the
prior
35
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calendar
year
(sales)
(Code
section
206.8).
Under
current
law,
1
there
are
two
rate
systems
based
on
whether
the
dealer
had
less
2
than
or
equal
to
$100,000
in
sales.
Under
the
first
system,
3
a
dealer
pays
the
fee
amount
on
a
flat
rate
basis
according
4
to
a
graduated
schedule
ranging
from
a
bottom
rate
of
$10
for
5
sales
of
less
than
$10,000
to
a
top
rate
of
$100
for
sales
from
6
$75,000
or
more
to
less
than
the
$100,000
cap.
A
dealer
with
7
$100,000
or
more
in
sales
pays
a
license
fee
calculated
as
8
one-tenth
of
1
percent
of
the
amount
of
dealer
sales.
The
bill
9
adds
a
new
top
step
to
the
first
system
of
graduated
flat
rates
10
by
imposing
a
fee
of
$125
for
sales
of
$100,000
or
more
but
less
11
than
$125,000.
It
makes
a
corresponding
change
to
the
second
12
system
by
increasing
from
$100,000
to
$125,000
the
amount
of
13
sales
required
for
fees
based
on
a
percentage
of
sales.
14
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