Bill Text: IA SF482 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act regulating the application of pesticides, including by providing for the certification of applicators, and certain actions taken by the department of agriculture and land stewardship against private applicators, and providing penalties. (Formerly SSB 1214.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-03-22 - Signed by Governor. S.J. 666. [SF482 Detail]
Download: Iowa-2021-SF482-Enrolled.html
Senate
File
482
-
Enrolled
Senate
File
482
AN
ACT
REGULATING
THE
APPLICATION
OF
PESTICIDES,
INCLUDING
BY
PROVIDING
FOR
THE
CERTIFICATION
OF
APPLICATORS,
AND
CERTAIN
ACTIONS
TAKEN
BY
THE
DEPARTMENT
OF
AGRICULTURE
AND
LAND
STEWARDSHIP
AGAINST
PRIVATE
APPLICATORS,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
206.5,
subsection
6,
Code
2021,
is
amended
to
read
as
follows:
6.
An
employee
of
a
food
processing
and
distribution
establishment
is
exempt
from
the
certification
requirements
of
this
section
provided
that
at
least
one
person
holding
a
supervisory
position
is
certified
and
provided
that
the
employer
provides
a
program,
approved
by
the
department,
for
training,
testing,
and
certification
of
personnel
who
apply,
as
an
incidental
part
of
their
duties,
any
pesticide
on
property
owned
or
rented
by
the
employer.
However,
an
employee
exempt
from
the
certification
requirements
of
this
section
shall
not
apply
restricted
use
pesticides.
The
secretary
shall
adopt
rules
to
administer
the
provisions
of
this
paragraph
subsection
.
Sec.
2.
Section
206.19,
subsection
5,
Code
2021,
is
amended
to
read
as
follows:
5.
a.
Establish,
assess,
and
collect
civil
penalties
for
violations
a
violation
of
a
provision
in
this
chapter
or
a
rule
adopted
pursuant
to
this
chapter
by
a
commercial
applicators
Senate
File
482,
p.
2
applicator
or
private
applicator
.
In
determining
the
amount
of
the
a
civil
penalty
to
be
assessed
for
a
violation
,
the
department
shall
consider
all
of
the
following
factors:
(1)
The
willfulness
of
the
violation.
(2)
The
actual
or
potential
danger
of
injury
to
the
public
health
or
safety,
or
damage
to
the
environment
caused
by
the
violation.
(3)
The
actual
or
potential
cost
of
the
injury
or
damage
caused
by
the
violation
to
the
public
health
or
safety,
or
to
the
environment.
(4)
The
actual
or
potential
cost
incurred
by
the
department
in
enforcing
this
chapter
and
rules
adopted
pursuant
to
this
chapter
against
the
violator.
(5)
The
remedial
action
required
of
the
violator.
(6)
The
violator’s
previous
history
of
complying
with
orders
or
decisions
of
the
department.
b.
The
amount
of
the
civil
penalty
that
may
be
assessed
for
each
violation
committed
by
a
commercial
applicator
or
private
applicator
shall
not
exceed
five
hundred
dollars
for
each
offense
.
Sec.
3.
NEW
SECTION
.
206.23B
Private
pesticide
applicator
peer
review
panel.
1.
The
department
shall
establish
a
private
pesticide
applicator
peer
review
panel
to
assist
the
department
in
assessing
or
collecting
a
civil
penalty
pursuant
to
section
206.19.
The
secretary
shall
appoint
five
members,
including
three
certified
private
applicators
and
two
members
of
the
public
who
have
not
been
licensed
or
certified
under
this
chapter.
The
appointments
shall
be
made
on
a
geographically
balanced
basis.
2.
a.
The
members
appointed
pursuant
to
this
section
shall
serve
four-year
terms
beginning
and
ending
as
provided
in
section
69.19
.
However,
the
secretary
shall
appoint
initial
members
to
serve
for
less
than
four
years
to
ensure
that
members
serve
staggered
terms.
A
member
is
eligible
for
reappointment.
A
vacancy
on
the
panel
shall
be
filled
for
the
unexpired
portion
of
the
regular
term
in
the
same
manner
as
regular
appointments
are
made.
b.
The
panel
shall
elect
a
chairperson
who
shall
serve
for
a
Senate
File
482,
p.
3
term
of
one
year.
The
panel
shall
meet
on
a
regular
basis
and
at
the
call
of
the
chairperson
or
upon
the
written
request
to
the
chairperson
of
two
or
more
members.
Three
voting
members
constitute
a
quorum
and
the
affirmative
vote
of
a
majority
of
the
members
present
is
necessary
for
any
substantive
action
to
be
taken
by
the
panel.
The
majority
shall
not
include
any
member
who
has
a
conflict
of
interest
and
a
statement
by
a
member
that
the
member
has
a
conflict
of
interest
is
conclusive
for
this
purpose.
A
vacancy
in
the
membership
does
not
impair
the
duties
of
the
panel.
c.
Notwithstanding
section
7E.6
,
the
members
shall
only
receive
reimbursement
for
actual
expenses
for
performance
of
their
official
duties,
as
provided
by
the
department.
d.
The
panel
shall
be
staffed
by
the
department.
3.
The
panel
shall
make
recommendations
to
the
department
regarding
the
establishment
of
civil
penalties
and
procedures
to
assess
and
collect
penalties,
as
provided
in
section
206.19
.
The
panel
may
propose
a
schedule
of
penalties
for
minor
and
serious
violations.
The
department
may
adopt
rules
based
on
the
recommendations
of
the
panel
as
approved
by
the
secretary.
4.
The
panel
shall
review
cases
of
persons
required
to
be
certified
as
private
applicators
who
are
subject
to
civil
penalties
as
provided
in
section
206.19
according
to
rules
adopted
by
the
department.
A
review
shall
be
performed
upon
request
by
the
secretary
or
the
person
subject
to
the
civil
penalty.
The
panel
may
establish
procedures
for
the
review
and
establish
a
system
of
prioritizing
cases
for
review,
consistent
with
rules
adopted
by
the
department.
The
rules
may
exclude
review
of
minor
violations.
The
review
may
also
include
the
manner
of
assessing
and
collecting
the
civil
penalty.
The
findings
and
recommendations
of
the
panel
shall
be
included
in
a
response
delivered
to
the
department
and
the
person
subject
to
the
penalty.
The
response
may
include
a
recommendation
that
a
proposed
civil
penalty
be
modified
or
suspended,
that
an
alternative
method
of
collection
be
instituted,
or
that
conditions
be
placed
upon
the
certification
of
a
private
applicator.
5.
The
department
shall
adopt
rules
establishing
a
period
for
the
review
and
response
by
the
panel
which
must
be
Senate
File
482,
p.
4
completed
prior
to
a
contested
case
hearing
under
chapter
17A
.
A
hearing
shall
not
be
delayed
after
the
required
period
for
review
and
response,
except
as
provided
in
chapter
17A
.
6.
This
section
does
not
apply
to
a
certification
revocation
proceeding
under
section
206.11.
This
section
does
not
require
the
department
to
delay
the
prosecution
of
a
case
if
immediate
action
is
necessary
to
reduce
the
risk
of
harm
to
the
environment
or
public
health
or
safety.
This
section
also
does
not
require
a
review
or
response
if
the
department
refers
a
violation
of
this
chapter
for
criminal
prosecution,
or
for
an
action
involving
a
“stop
sale,
use,
or
removal”
order
issued
pursuant
to
section
206.16
.
The
department
shall
consider
any
available
response
by
the
panel,
but
is
not
required
to
change
findings
of
an
investigation,
a
penalty
sought
to
be
assessed,
or
a
manner
of
collection.
7.
An
available
response
by
the
panel
may
be
used
as
evidence
in
an
administrative
hearing,
or
a
civil
or
criminal
case,
except
to
the
extent
that
information
is
considered
confidential
including
as
provided
in
section
22.7
.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
482,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
