Bill Text: IA SSB3125 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to incidents involving pesticide contamination, including by drift, providing for reporting, testing and analysis, making appropriations, and making penalties applicable.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-18 - Voted - Natural Resources and Environment. [SSB3125 Detail]
Download: Iowa-2015-SSB3125-Introduced.html
Senate
Study
Bill
3125
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
BILL
BY
CHAIRPERSON
DEARDEN)
A
BILL
FOR
An
Act
relating
to
incidents
involving
pesticide
contamination,
1
including
by
drift,
providing
for
reporting,
testing
and
2
analysis,
making
appropriations,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5920XC
(3)
86
da/nh
S.F.
_____
Section
1.
Section
206.2,
Code
2016,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11A.
“Drift”
means
the
movement
of
a
3
pesticide
during
or
immediately
after
application
through
air
4
to
a
site
other
than
the
intended
site
of
application.
5
Sec.
2.
Section
206.14,
subsection
2,
Code
2016,
is
amended
6
to
read
as
follows:
7
2.
Any
person
claiming
damages
from
a
pesticide
8
application
,
including
an
incident
involving
drift,
shall
have
9
filed
file
with
the
secretary
on
a
form
prescribed
by
the
10
secretary
a
written
statement
report
claiming
that
the
person
11
has
been
damaged.
12
a.
This
report
shall
have
been
filed
within
sixty
days
13
after
the
alleged
date
that
damages
occurred.
If
a
growing
14
crop
is
alleged
to
have
been
damaged,
the
report
must
be
filed
15
prior
to
the
time
that
twenty-five
percent
of
the
crop
has
been
16
harvested.
Such
statement
report
shall
contain,
but
shall
not
17
be
limited
to
the
name
of
the
person
allegedly
responsible
for
18
the
application
of
said
pesticide,
the
name
of
the
owner
or
19
lessee
of
the
land
on
which
the
crop
is
grown
and
for
which
20
damage
is
alleged
to
have
occurred,
and
the
date
on
which
the
21
alleged
damage
occurred.
22
b.
The
secretary
shall
prepare
a
form
to
be
furnished
to
23
persons
to
be
used
in
such
cases
and
such
form
shall
contain
24
such
other
requirements
as
the
secretary
may
deem
proper.
The
25
secretary
shall
allow
such
forms
to
be
completed
and
filed
with
26
the
department
via
the
department’s
internet
site.
27
c.
The
secretary
shall,
upon
receipt
of
such
statement
a
28
report
,
notify
the
licensee
and
the
owner
or
lessee
of
the
land
29
or
other
person
who
may
be
charged
with
the
responsibility
of
30
the
damages
claimed,
and
furnish
copies
of
such
statements
31
report
as
may
be
requested.
The
secretary
shall
inspect
32
damages
whenever
possible
and
when
if
the
secretary
determines
33
that
the
complaint
has
sufficient
merit
.
Upon
evidence
of
34
drift,
the
secretary
shall
collect
samples
for
testing
and
35
-1-
LSB
5920XC
(3)
86
da/nh
1/
3
S.F.
_____
analysis
of
the
presence
of
the
reported
pesticides.
The
1
secretary
shall
deliver
the
samples
to
the
state
hygienic
2
laboratory
at
the
university
of
Iowa
for
testing
and
analysis.
3
The
laboratory
shall
forward
its
analysis
to
the
secretary.
4
The
secretary
shall
make
such
information
regarding
the
5
inspection
and
any
analysis
performed
by
the
state
hygienic
6
laboratory
available
to
the
person
claiming
damage
and
to
the
7
person
who
is
alleged
to
have
caused
the
damage.
The
secretary
8
shall
contract
with
the
university
of
Iowa
to
reimburse
the
9
university
for
the
actual
costs
incurred
by
the
hygienic
10
laboratory
to
perform
tests
and
prepare
analyses
as
described
11
in
this
paragraph.
12
Sec.
3.
Section
206.19,
subsection
5,
Code
2016,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
c.
For
damages
caused
by
drift
as
provided
15
in
section
206.14,
the
amount
of
civil
damages
collected
by
the
16
department
is
appropriated
to
the
department
for
reimbursement
17
of
the
state
hygienic
laboratory
at
the
university
of
Iowa
for
18
the
performance
of
tests
and
analyses
of
the
possible
presence
19
of
pesticides
as
reported
by
a
person
alleging
damages
as
20
provided
in
section
206.14.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
GENERAL.
This
bill
amends
the
“Pesticide
Act
of
Iowa”
25
(Code
chapter
206)
by
providing
for
incidents
involving
26
“drift”,
which
is
defined
to
mean
the
movement
of
a
pesticide
27
either
during
or
after
its
application
(usually
to
land
or
28
crops)
through
the
air
to
another
site.
The
provisions
are
29
administered
and
enforced
by
the
department
of
agriculture
and
30
land
stewardship
(DALS)
under
the
authority
of
the
secretary
of
31
agriculture
(secretary).
32
REPORTING.
The
bill
amends
a
provision
that
allows
a
person
33
to
report
damages
caused
by
drift
to
the
secretary.
The
34
bill
allows
the
person
to
file
the
report
concerning
damages
35
-2-
LSB
5920XC
(3)
86
da/nh
2/
3
S.F.
_____
allegedly
caused
by
pesticide
contamination
via
the
internet.
1
It
also
provides
that
when
investigating
a
report
of
drift,
2
the
secretary
must
collect
samples
for
testing
and
analysis
of
3
the
presence
of
the
reported
pesticides
for
delivery
to
the
4
state
hygienic
laboratory
at
the
university
of
Iowa
for
testing
5
and
analysis.
The
laboratory
must
forward
its
analysis
to
the
6
secretary
who
must
make
information
regarding
the
inspection
7
and
the
analysis
available
to
both
parties.
The
secretary
8
is
also
required
to
contract
with
the
university
of
Iowa
to
9
reimburse
the
state
hygienic
laboratory
for
costs
incurred
to
10
perform
tests
and
prepare
the
analyses.
11
APPROPRIATIONS
——
CIVIL
PENALTIES.
The
bill
also
provides
12
that
civil
damages
collected
by
DALS
from
violations
involving
13
drift
by
commercial
applicators
are
appropriated
to
DALS
for
14
reimbursement
of
the
state
hygienic
laboratory
for
purposes
of
15
conducting
the
tests
and
analyses.
16
BACKGROUND.
A
pesticide
is
any
substance
used
to
prevent,
17
destroy,
repel,
or
mitigate
damages
caused
by
insects,
rodents,
18
nematodes,
fungi,
weeds,
or
other
forms
of
plant
or
animal
life
19
or
viruses;
and
includes
any
substance
used
as
a
plant
growth
20
regulator,
defoliant,
or
desiccant
(Code
section
206.2).
A
21
person
claiming
damages
from
a
pesticide
application
must
file
22
a
report
with
DALS,
which
then
may
conduct
an
investigation
of
23
the
matter
(Code
section
206.14).
DALS
may
establish,
assess,
24
and
collect
civil
penalties
for
violations
by
commercial
25
applicators
for
an
amount
not
to
exceed
$500
for
each
offense
26
(Code
section
206.19).
27
-3-
LSB
5920XC
(3)
86
da/nh
3/
3
