Bill Text: IA SSB1214 | 2021-2022 | 89th General Assembly | Introduced
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.(See SF 482.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-01 - Committee report approving bill, renumbered as SF 482. [SSB1214 Detail]
Download: Iowa-2021-SSB1214-Introduced.html
Senate
Study
Bill
1214
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
ZUMBACH)
A
BILL
FOR
An
Act
regulating
the
application
of
pesticides,
including
by
1
providing
for
the
certification
of
applicators,
and
certain
2
actions
taken
by
the
department
of
agriculture
and
land
3
stewardship
against
private
applicators,
and
providing
4
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
206.5,
subsection
6,
Code
2021,
is
1
amended
to
read
as
follows:
2
6.
An
employee
of
a
food
processing
and
distribution
3
establishment
is
exempt
from
the
certification
requirements
4
of
this
section
provided
that
at
least
one
person
holding
5
a
supervisory
position
is
certified
and
provided
that
the
6
employer
provides
a
program,
approved
by
the
department,
for
7
training,
testing,
and
certification
of
personnel
who
apply,
as
8
an
incidental
part
of
their
duties,
any
pesticide
on
property
9
owned
or
rented
by
the
employer.
However,
an
employee
exempt
10
from
the
certification
requirements
of
this
section
shall
11
not
apply
restricted
use
pesticides.
The
secretary
shall
12
adopt
rules
to
administer
the
provisions
of
this
paragraph
13
subsection
.
14
Sec.
2.
Section
206.19,
subsection
5,
Code
2021,
is
amended
15
to
read
as
follows:
16
5.
a.
Establish,
assess,
and
collect
civil
penalties
for
17
violations
a
violation
of
a
provision
in
this
chapter
or
a
rule
18
adopted
pursuant
to
this
chapter
by
a
commercial
applicators
19
applicator
or
private
applicator
.
In
determining
the
amount
20
of
the
a
civil
penalty
to
be
assessed
for
a
violation
,
the
21
department
shall
consider
all
of
the
following
factors:
22
(1)
The
willfulness
of
the
violation.
23
(2)
The
actual
or
potential
danger
of
injury
to
the
public
24
health
or
safety,
or
damage
to
the
environment
caused
by
the
25
violation.
26
(3)
The
actual
or
potential
cost
of
the
injury
or
damage
27
caused
by
the
violation
to
the
public
health
or
safety,
or
to
28
the
environment.
29
(4)
The
actual
or
potential
cost
incurred
by
the
department
30
in
enforcing
this
chapter
and
rules
adopted
pursuant
to
this
31
chapter
against
the
violator.
32
(5)
The
remedial
action
required
of
the
violator.
33
(6)
The
violator’s
previous
history
of
complying
with
34
orders
or
decisions
of
the
department.
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b.
The
amount
of
the
civil
penalty
that
may
be
assessed
1
for
each
violation
committed
by
a
commercial
applicator
or
2
private
applicator
shall
not
exceed
five
hundred
dollars
for
3
each
offense
.
4
Sec.
3.
NEW
SECTION
.
206.23B
Private
pesticide
applicator
5
peer
review
panel.
6
1.
The
department
shall
establish
a
private
pesticide
7
applicator
peer
review
panel
to
assist
the
department
in
8
assessing
or
collecting
a
civil
penalty
pursuant
to
section
9
206.19.
The
secretary
shall
appoint
five
members,
including
10
three
certified
private
applicators
and
two
members
of
the
11
public
who
have
not
been
licensed
or
certified
under
this
12
chapter.
The
appointments
shall
be
made
on
a
geographically
13
balanced
basis.
14
2.
a.
The
members
appointed
pursuant
to
this
section
15
shall
serve
four-year
terms
beginning
and
ending
as
provided
16
in
section
69.19
.
However,
the
secretary
shall
appoint
17
initial
members
to
serve
for
less
than
four
years
to
ensure
18
that
members
serve
staggered
terms.
A
member
is
eligible
for
19
reappointment.
A
vacancy
on
the
panel
shall
be
filled
for
the
20
unexpired
portion
of
the
regular
term
in
the
same
manner
as
21
regular
appointments
are
made.
22
b.
The
panel
shall
elect
a
chairperson
who
shall
serve
for
a
23
term
of
one
year.
The
panel
shall
meet
on
a
regular
basis
and
24
at
the
call
of
the
chairperson
or
upon
the
written
request
to
25
the
chairperson
of
two
or
more
members.
Three
voting
members
26
constitute
a
quorum
and
the
affirmative
vote
of
a
majority
of
27
the
members
present
is
necessary
for
any
substantive
action
28
to
be
taken
by
the
panel.
The
majority
shall
not
include
any
29
member
who
has
a
conflict
of
interest
and
a
statement
by
a
30
member
that
the
member
has
a
conflict
of
interest
is
conclusive
31
for
this
purpose.
A
vacancy
in
the
membership
does
not
impair
32
the
duties
of
the
panel.
33
c.
Notwithstanding
section
7E.6
,
the
members
shall
only
34
receive
reimbursement
for
actual
expenses
for
performance
of
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their
official
duties,
as
provided
by
the
department.
1
d.
The
panel
shall
be
staffed
by
the
department.
2
3.
The
panel
shall
make
recommendations
to
the
department
3
regarding
the
establishment
of
civil
penalties
and
procedures
4
to
assess
and
collect
penalties,
as
provided
in
section
206.19
.
5
The
panel
may
propose
a
schedule
of
penalties
for
minor
and
6
serious
violations.
The
department
may
adopt
rules
based
on
7
the
recommendations
of
the
panel
as
approved
by
the
secretary.
8
4.
The
panel
shall
review
cases
of
persons
required
to
9
be
certified
as
private
applicators
who
are
subject
to
civil
10
penalties
as
provided
in
section
206.19
according
to
rules
11
adopted
by
the
department.
A
review
shall
be
performed
upon
12
request
by
the
secretary
or
the
person
subject
to
the
civil
13
penalty.
The
panel
may
establish
procedures
for
the
review
and
14
establish
a
system
of
prioritizing
cases
for
review,
consistent
15
with
rules
adopted
by
the
department.
The
rules
may
exclude
16
review
of
minor
violations.
The
review
may
also
include
the
17
manner
of
assessing
and
collecting
the
civil
penalty.
The
18
findings
and
recommendations
of
the
panel
shall
be
included
in
19
a
response
delivered
to
the
department
and
the
person
subject
20
to
the
penalty.
The
response
may
include
a
recommendation
21
that
a
proposed
civil
penalty
be
modified
or
suspended,
that
22
an
alternative
method
of
collection
be
instituted,
or
that
23
conditions
be
placed
upon
the
certification
of
a
private
24
applicator.
25
5.
The
department
shall
adopt
rules
establishing
a
period
26
for
the
review
and
response
by
the
panel
which
must
be
27
completed
prior
to
a
contested
case
hearing
under
chapter
17A
.
28
A
hearing
shall
not
be
delayed
after
the
required
period
for
29
review
and
response,
except
as
provided
in
chapter
17A
.
30
6.
This
section
does
not
apply
to
a
certification
revocation
31
proceeding
under
section
206.11.
This
section
does
not
32
require
the
department
to
delay
the
prosecution
of
a
case
if
33
immediate
action
is
necessary
to
reduce
the
risk
of
harm
to
34
the
environment
or
public
health
or
safety.
This
section
also
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does
not
require
a
review
or
response
if
the
department
refers
1
a
violation
of
this
chapter
for
criminal
prosecution,
or
for
an
2
action
involving
a
“stop
sale,
use,
or
removal”
order
issued
3
pursuant
to
section
206.16
.
The
department
shall
consider
any
4
available
response
by
the
panel,
but
is
not
required
to
change
5
findings
of
an
investigation,
a
penalty
sought
to
be
assessed,
6
or
a
manner
of
collection.
7
7.
An
available
response
by
the
panel
may
be
used
as
8
evidence
in
an
administrative
hearing,
or
a
civil
or
criminal
9
case,
except
to
the
extent
that
information
is
considered
10
confidential
including
as
provided
in
section
22.7
.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
GENERAL.
This
bill
amends
provisions
in
the
“Pesticide
Act
15
of
Iowa”
(Code
chapter
206),
regulating
the
use
of
pesticides
16
by
certain
persons
referred
to
as
applicators.
A
pesticide
17
includes
a
substance
that
prevents,
destroys,
repels,
or
18
mitigates
any
insect,
animal,
nematode,
fungi,
weed,
or
virus
19
(Code
section
206.2(21)).
A
commercial
or
public
applicator
20
cannot
apply
any
pesticide,
and
a
private
applicator
cannot
21
apply
a
restricted
use
pesticide
without
being
certified
by
the
22
department
of
agriculture
and
land
stewardship
(DALS)
(Code
23
section
206.5(1)).
A
restricted
use
pesticide
is
subject
to
24
more
stringent
regulations,
and
certification
standards
must
25
account
for
the
application
of
such
pesticides
(Code
section
26
206.7).
The
designation
of
a
pesticide
as
belonging
to
the
27
class
of
restricted
use
pesticides
is
determined
by
DALS
(Code
28
section
206.20)
and
is
generally
based
on
determinations
of
29
the
United
States
environmental
protection
agency
(40
C.F.R.
30
§152.175).
A
person
is
required
to
be
certified
as
a
private
31
applicator
if
the
person
applies
or
supervises
the
application
32
of
a
restricted
use
pesticide
on
property
owned
or
leased
by
33
the
person
(Code
section
206.2(6)).
A
commercial,
private,
or
34
public
applicator
must
complete
an
educational
program
(Code
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section
206.5).
In
addition,
certain
persons
must
be
licensed,
1
including
commercial
applicators
(Code
section
206.6)
and
2
dealers
(Code
section
206.8).
3
EMPLOYEE
OF
A
FOOD
PROCESSING
AND
DISTRIBUTION
4
ESTABLISHMENT.
An
employee
of
a
food
processing
and
5
distribution
establishment
may
act
as
an
applicator
without
6
being
certified
so
long
as
another
person
holding
a
supervisory
7
position
over
the
employee
is
certified.
The
bill
provides
8
that
the
exception
does
not
apply
to
an
employee
who
applies
a
9
restricted
use
pesticide
(amended
Code
section
206.5(6)).
10
CIVIL
PENALTIES.
DALS
may
impose
a
civil
penalty
for
a
11
violation
of
the
Code
chapter
by
a
commercial
applicator
and
12
the
bill
provides
that
a
private
applicator
is
subject
to
13
the
same
civil
penalty
(amended
Code
section
206.19(5)).
An
14
assessment
of
the
civil
penalty
is
based
upon
a
number
of
15
factors
relating
to
the
intent
of
the
violator,
the
extent
16
that
the
violation
poses
a
danger
to
the
public,
the
cost
of
17
the
injury
or
damage
caused
by
the
violation,
remedial
action
18
required
of
the
violator,
and
the
violator’s
previous
history.
19
The
amount
of
the
penalty
cannot
exceed
$500
for
each
offense.
20
Generally,
a
person
who
violates
a
provision
in
Code
chapter
21
206
commits
a
serious
misdemeanor
(Code
section
206.22).
A
22
serious
misdemeanor
is
punishable
by
confinement
for
no
more
23
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
24
$2,560.
25
PRIVATE
PESTICIDE
APPLICATOR
PEER
REVIEW
PANEL.
The
26
bill
creates
a
private
pesticide
applicator
peer
review
27
panel
composed
of
five
persons
appointed
by
the
secretary
of
28
agriculture
(new
Code
section
206.23B).
Three
of
the
persons
29
must
be
certified
public
applicators
and
two
of
the
persons
30
must
be
members
of
the
public
who
have
not
been
certified
31
or
licensed
under
the
Code
chapter.
Otherwise,
the
panel
32
closely
resembles
the
existing
commercial
pesticide
applicator
33
peer
review
panel
(Code
section
206.23A).
The
new
panel
must
34
make
recommendations
to
DALS
regarding
the
establishment
of
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civil
penalties
against
private
applicators.
The
new
panel
1
must
also
review
cases
of
persons
required
to
be
certified
2
as
private
applicators
who
are
subject
to
civil
penalties
3
as
provided
in
the
bill.
A
review
requirement
does
not
4
apply
in
a
number
of
circumstances,
including
certification
5
revocation
proceedings
or
an
action
involving
an
immediate
risk
6
of
harm
to
the
environment
or
public
health.
The
bill
does
7
not
require
a
review
if
DALS
refers
a
violation
for
criminal
8
prosecution,
or
for
an
action
involving
a
stop
order
issued
9
by
DALS.
DALS
is
not
required
to
change
the
findings
of
an
10
investigation,
a
penalty
sought
to
be
assessed,
or
a
manner
of
11
collection.
A
response
by
the
panel
may
be
used
as
evidence
in
12
an
administrative
hearing,
or
a
civil
or
criminal
case,
except
13
when
the
information
is
considered
confidential.
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