Bill Text: MS HB1083 | 2017 | Regular Session | Introduced
Bill Title: State limited-use pesticides; regulate.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB1083 Detail]
Download: Mississippi-2017-HB1083-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Agriculture
By: Representative Pigott
House Bill 1083
AN ACT TO AMEND SECTION 69-23-3 AND 69-23-107, MISSISSIPPI CODE OF 1972, TO PROVIDE A DEFINITION FOR STATE LIMITED-USE PESTICIDE; TO AMEND SECTION 69-23-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE DISTRIBUTION OF STATE LIMITED-USE PESTICIDES TO NONCERTIFIED PERSONS; TO AMEND SECTION 69-23-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE AND COMMERCE TO ADOPT REGULATIONS FOR THE STEWARDSHIP AND USE OF STATE LIMITED-USE PESTICIDES; TO AMEND SECTION 69-23-105, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 69-23-115, MISSISSIPPI CODE OF 1972, TO PROHIBIT USE OF STATE LIMITED-USE PESTICIDES INCONSISTENT WITH LABELS; TO AMEND SECTION 69-23-125, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INVESTIGATION OF COMPLAINTS REGARDING USE OF STATE LIMITED-USE PESTICIDES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-23-3, Mississippi Code of 1972, is amended as follows:
69-23-3. Definitions for the purpose of this chapter:
(a) The term "pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(b) The term "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting insects which may be present in any environment whatsoever.
(c) The term "fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.
(d) The term "rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be pests.
(e) The term "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.
(f) The term "adjuvant" means any substance that, when added to a pesticide is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modified, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used.
(g) The term "nematicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.
(h) The term "plant regulator" means any substance or mixture of substances intended through physiological action, for accelerating the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments.
(i) The term "defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
(j) The term "desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.
(k) The term "disinfectant" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating bacteria or other harmful microorganisms; or otherwise frees from infection; commonly applied to inanimate objects.
(l) The term "bactericide" means a substance capable of destroying a given species of vegetative bacteria but not necessarily capable of destroying bacterial spores.
(m) The term "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms as, for example, beetles, bugs, bees, flies, and to other allied classes of orthropods whose members are wingless and usually have more than six (6) legs as, for example, spiders, mites, ticks, centipedes, and wood lice.
(n) The term "nematodes" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms.
(o) The term "fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria except those on or in living man or other animals, and those in or on processed food, beverages or pharmaceuticals.
(p) The term "weed" means any plant which grows where not wanted.
(q) The term "ingredient statement" means:
(i) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients in the pesticide;
(ii) When the pesticide contains arsenic in any form, the ingredient statement shall also include the percentages of total and water soluble arsenic, each calculated as elemental arsenic;
(iii) In the case of spray adjuvants, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants.
(r) The term "active ingredient" means:
(i) In the case of a pesticide other than a plant regulator, defoliant or desiccant an ingredient which will prevent, destroy, repel, attract or mitigate insects, nematodes, fungi, rodents, weeds or other pests;
(ii) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;
(iii) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(iv) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue;
(v) In the case of a spray adjuvant, any ingredient which will act as a functioning agent.
(s) The term "inert ingredient" means an ingredient which is not an active ingredient.
(t) The term "antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
(u) The term "person" means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
(v) The term
"commissioner" means the Commissioner of Agriculture and Commerce, or * * * the commissioner's agent.
(w) The term "entomologist" means the State Entomologist of the Mississippi Department of Agriculture and Commerce.
(x) The term "registrant" means the person registering any pesticide pursuant to the provisions of this chapter.
(y) The term "label" means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide.
(z) The term "labeling" means all labels and other written, printed or graphic matter:
(i) Upon the pesticide or any of its containers or wrappers;
(ii) Accompanying the pesticide at any time;
(iii) To which reference is made on the label or in literature accompanying the pesticide, except when accurate, nonmisleading reference is made to current official publications of the United States Environmental Protection Agency, Department of Agriculture or Interior, the United States Public Health Service, State Experiment Station, state agricultural colleges, or other similar federal institutions or official agencies of this state, or other states authorized by law to conduct research in the field of pesticides.
(aa) The term "adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the articles, or if any valuable constituent of the article has been wholly or in part abstracted.
(bb) The term "misbranded" shall apply to any pesticide:
(i) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading to any particular;
(ii) If it is an imitation of or is offered for sale under the name of another pesticide;
(iii) If its labeling does not contain a statement of the use classification under which the product is registered;
(iv) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, together with any requirements imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate for the protection of health and environment;
(v) If the label does not contain a warning or caution statement which may be necessary and, if complied with, together with any requirements which may be imposed under the Federal Insecticide, Fungicide and Rodenticide Act, are adequate to protect health and environment;
(vi) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; the ingredient statement may appear prominently on another part of the container as permitted under the Federal Insecticide, Fungicide and Rodenticide Act if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(vii) If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(viii) If in the case of an insecticide, fungicide or herbicide, or nematicide when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or
(ix) In the case of a plant regulator, defoliant or desiccant when used as directed it shall be injurious to living man or other vertebrate animals, or vegetation to which it is applied, or to the person applying such pesticide; provided, that physical or physiological effect on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.
(cc) The term "environment" includes water, air, land and all plants and man and other animals living therein and inter-relationships which exist among these.
(dd) The term "EPA" means the United States Environmental Protection Agency.
(ee) The term "imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation under this chapter would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the Secretary of the Interior.
(ff) The term "pest" means:
(i) Any insects, rodents, nematodes, fungi, weeds, or
(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms on or in living man or other living animals) which the commissioner declares to be a pest.
(gg) The term "licensed pesticide dealer" means any person who distributes or offers for sale restricted use pesticides and/or state restricted use pesticides.
(hh) The term "pesticide dealer manager" means an individual (who may be the owner) supervising pesticide distribution at one (1) outlet holding a pesticide dealer license.
(ii) The term "protect health and environment" means protection against any unreasonable adverse effects on the environment.
(jj) The term "restricted use pesticide" means any pesticide classified for restricted use by EPA or the commissioner. Any pesticide which is not classified for restricted use by January 1, 1976, will be deemed to be for general use. In order not to deprive the citizens of this state of the benefits derived from newly developed pesticides or uses which may be restricted by EPA after January 1, 1976, the commissioner may register such pesticides for restricted use if that is the only method by which they may be made available to the citizens of Mississippi.
(kk) The term "state restricted pesticide" means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing requires additional restrictions for that use to protect the environment, including man, lands, beneficial insects, animals, crops and wildlife other than pests.
(ll) The term "state limited-use pesticide" means any pesticide or pesticide use classified for limited use by the commissioner.
( * * *mm) The term "unreasonable
adverse effects on the environment" means any unreasonable risk to man or
the environment, taking into account the economic, social and environmental
costs and benefits of the use of any pesticide.
( * * *nn) The term "FIFRA" means
the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
SECTION 2. Section 69-23-107, Mississippi Code of 1972, is amended as follows:
69-23-107. When used in the context of Sections 69-23-101 through 69-23-135, the following terms shall be ascribed the following meanings:
(a) "Commissioner" means the Commissioner of Agriculture and Commerce of the State of Mississippi.
(b) "Certification" means the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted use pesticides or state limited-use pesticides.
(c) "Certified applicator" means any person who is certified to use or supervise the use of any restricted use pesticide or state limited-use pesticide covered by this certification.
(d) "Commercial applicator" means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide that is classified for restricted use or state limited-use for any purpose or on any property other than as provided by the definition of "private applicator."
(e)
"Division" means the Bureau of Plant Industry within the * * * Mississippi Department
of Agriculture and Commerce.
(f) "Division of
Plant Industry" means the Bureau of Plant Industry within the * * * Mississippi Department
of Agriculture and Commerce.
(g) "EPA" means the United States Environmental Protection Agency.
(h) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(i) "License" means a license, certificate or permit.
(j) "Person" means any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
(k) "Pest" means:
(i) Any insects, rodents, nematodes, fungi, weeds; and
(ii) Other forms of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria or other microorganism on or in living man or other living animals) that the commissioner declares to be a pest.
(l) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, mitigating or attracting any pests; and shall also include adjuvants intended to enhance the effectiveness of pesticides; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(m) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide that is classified for restricted use or state limited-use for purposes of producing any agricultural commodity on property owned, rented or controlled by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person, subject to regulations adopted under authority granted by Sections 69-23-101 through 69-23-135.
(n) "Public applicator" means any individual who applies restricted use pesticides as an employee of a state agency, municipal corporation, public utility, or other governmental agency. This term does not include employees who work under direct "on-the-job" supervision of a public applicator.
(o) "Restricted use pesticide" means any pesticide classified for restricted use by EPA or by the commissioner.
(p) "State restricted pesticide use" means any pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the commissioner determines subsequent to a hearing, requires additional restrictions for that use to protect the environment including man, lands, beneficial insects, animals, crops and wildlife, other than pests.
(q) "State limited-use pesticide" means any pesticide or pesticide use classified for limited use by the commissioner.
( * * *r) "Under the direct supervision
of a certified applicator" means, unless otherwise prescribed by its
labeling, a pesticide that is to be applied by a competent person acting under
the instructions and control of a certified applicator who is available if and
when needed, even though that certified applicator is not physically present at
the time and place the pesticide is applied.
( * * *s) "Unreasonable adverse effects
on the environment" means any unreasonable risk to man or the environment,
taking into account the economic, social and environmental costs and benefits of
the use of any pesticide.
( * * *t) Words and terms as defined in
Sections 69-19-1 through 69-19-15, 69-21-101 through 69-21-128 and 69-23-1
through 69-23-29, when used in Sections 69-23-101 through 69-23-135 shall have
the same meaning ascribed therein.
SECTION 3. Section 69-23-5, Mississippi Code of 1972, is amended as follows:
69-23-5. (1) It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:
(a) Any pesticide which has not been registered pursuant to the provisions of Section 69-23-7 or any pesticide if any of the claims made for it or any of the directions for its use differ from its composition or representations made in connection with its registration; provided, that in the discretion of the commissioner a change in the labeling or formula of a pesticide may be made within a reregistration period within requiring registration of the product if the registration is amended to reflect such change and if the changes will not violate any provisions of FIFRA or this chapter.
(b) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one (1) through which the required information on the immediate container cannot be clearly read, a label bearing:
(i) The name and address of the manufacturer, registrant or person for whom manufactured;
(ii) The name, brand, or trademark under which said article is sold;
(iii) The net weight or measure of the content, subject, however, to such reasonable variations as the commissioner may permit;
(iv) A batch number from which the date of packaging can be determined for certain pesticides which have been determined to deteriorate in relatively short periods, when requested by the commissioner;
(v) The EPA registration number assigned to each establishment in which it was produced and the EPA registration number assigned to the pesticide if required by regulation under FIFRA;
(vi) Any other information required by this chapter or regulation promulgated thereunder; except that this subsection (b) shall not apply:
(i) To the transportation, within the meaning of this section, of refined petroleum naphtha or refined petroleum distillate, by tank truck, or by tank cars, or in tanks by rail;
(ii) To the
delivery of refined petroleum naphtha or refined petroleum distillate from a
storage tank, or tank truck, in a quantity of not less than fifty (50) gallons,
if, at the time of such delivery the person delivering the said material
delivers to the person to whom the delivery is made, or * * * the commissioner's agent or
representative, a written or printed statement containing the information, with
respect to the material delivered, required by the provision of clauses (i),
(ii) and (iii) of this subsection (b);
Provided, however, that the commissioner may designate that certain specific pesticides may be distributed or offered for sale by the manufacturer and/or registrant in bulk, in which case the label information required and any other statements required by this chapter must be stated in or attached to the invoice; and in addition, a copy of said invoice must be given to the purchaser at the time the pesticide is delivered. In addition to the above, the commissioner may set rules and regulations for the sale, dispensing, storing, handling and transportation of pesticides in bulk.
(c) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as provided in Section 69-23-9, unless the label shall bear, in addition to any other matter required by this chapter:
(i) The skull and crossbones;
(ii) The word "poison" prominently, in red on a background of distinctly contrasting color;
(iii) A statement of a practical treatment (first aid or otherwise) in case of poisoning by the pesticide.
(d) Any pesticide which has not been colored or discolored pursuant to the provisions of this chapter.
(e) Any pesticide which is adulterated or misbranded.
(f) Any pesticide in containers which are unsafe due to damage.
(2) It shall be unlawful:
(a) For any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;
(b) For any person to use for his own advantage or to reveal, other than to the commissioner or proper officials or employees of the state or the EPA, or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in preparation of antidotes, any information relative to formulas of products acquired by authority of this chapter or any information judged by the commissioner as containing or relating to trade secrets or commercial or financial information obtained by authority of this chapter and marked as confidential by the registrant;
(c) For any person to distribute any pesticide labeled for restricted use or state limited-use to any person, or his agent who is not certified to use or purchase such pesticide;
(d) For any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or to regulations of the commissioner if those regulations further restrict the uses provided on the labeling;
(e) For any person to handle, transport, store, display, distribute or dispose of any pesticide or container in such a manner as to endanger man and his environment.
The commissioner is hereby authorized, empowered and directed to authorize and grant a permit to any person, firm or corporation to dispose of any existing stock of pesticide it may have on hand at the time this chapter becomes effective, including all packages, labels and containers; provided that such stock is packaged and labeled in accordance with federal laws and regulations governing the packaging and labeling of such products.
(3) In addition to any criminal remedy set forth in subsection (2), remedies for misappropriation of a trade secret shall be governed by the Mississippi Uniform Trade Secrets Act, Sections 75-26-1 through 75-26-19.
SECTION 4. Section 69-23-9, Mississippi Code of 1972, is amended as follows:
69-23-9. (1) The commissioner is authorized:
(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles or substances;
(b) To determine whether pesticides registered under authority of Section 24(c) of FIFRA are highly toxic to man as described in federal regulations;
(c) To determine standards of coloring or discoloring for pesticides and to subject pesticides to the requirements of Section 69-23-5(1).
(2) The commissioner may adopt, amend or repeal rules and regulations for carrying out the provisions of this chapter, including, but not limited to, rules and regulations providing for the collection and examination of samples; the safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers; protecting the environment; labeling and adopting state restricted pesticide uses; and stewardship and use of state limited-use pesticides.
(3) In order to avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end the commissioner is authorized to adopt such regulations, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed by the United States government for pesticides.
(4) No action taken by the commissioner under this section shall be effective unless and until such action is approved by the advisory board created under Section 69-25-3, Mississippi Code of 1972.
SECTION 5. Section 69-23-105, Mississippi Code of 1972, is amended as follows:
69-23-105. The purpose of Sections 69-23-101 through 69-23-135 is to provide a means for the state certification of applicators of restricted use pesticides required under the Federal Insecticide, Fungicide and Rodenticide Act, and to regulate in the public interest the use and application of restricted use pesticides and state limited-use pesticides, except as the application of restricted use pesticides is regulated under Sections 69-19-1 through 69-19-15 or 69-21-101 through 69-21-128, and to designate the Mississippi Department of Agriculture and Commerce as the agency responsible for administering a plan for certification of applicators of restricted use pesticides and to cooperate with the United States Environmental Protection Agency as provided for in the Federal Insecticide, Fungicide and Rodenticide Act, and for other purposes.
SECTION 6. Section 69-23-115, Mississippi Code of 1972, is amended as follows:
69-23-115. It is unlawful for a person to:
(a) Make false or fraudulent claims through any media misrepresenting the effect of materials or methods to be used;
(b) Conduct pest control operations in a faulty, careless or negligent manner or to operate faulty or unsafe pest control equipment;
(c) Fail to comply with the provisions of Sections 69-23-101 through 69-23-135, or the regulations adopted hereunder;
(d) Fail to keep and maintain records required by Sections 69-23-101 through 69-23-135 or to make reports when required;
(e) Make false or fraudulent records, invoices or reports;
(f) Use fraud or misrepresentation in making application for a license or renewal for a license;
(g) Aid or abet any person in evading the provisions of Sections 69-23-101 through 69-23-135, or allow one's license to be used by another person;
(h) Impersonate any state or federal official;
(i) Commit a violation under FIFRA;
(j) Use any restricted use pesticide or state limited-use pesticide in a manner which is inconsistent with its labeling; or
(k) Commit any other act or omission specified in the regulations adopted under Sections 69-23-101 through 69-23-135.
SECTION 7. Section 69-23-125, Mississippi Code of 1972, is amended as follows:
69-23-125. The commissioner
shall enforce the provisions of Sections 69-23-101 through 69-23-135. The
commissioner or * * *
the commissioner's representative may enter upon public or private
premises at reasonable times for the purpose of enforcing said sections, and
may investigate complaints of injury or accidents resulting from use of
restricted use pesticides or state limited-use pesticides.
SECTION 8. This act shall take effect and be in force from and after its passage.
