Bill Text: MS HB961 | 2010 | Regular Session | Engrossed
Bill Title: Department of Agriculture; increase annual fee for pesticide registration with.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-03-02 - Died In Committee [HB961 Detail]
Download: Mississippi-2010-HB961-Engrossed.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Appropriations
By: Representative Stringer
House Bill 961
(As Passed the House)
AN ACT TO AMEND SECTION 69-23-7, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE ANNUAL FEE FOR REGISTERING PESTICIDES WITH THE DEPARTMENT OF AGRICULTURE AND COMMERCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-23-7, Mississippi Code of 1972, is amended as follows:
69-23-7. (1) Every pesticide which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed annually. Products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide. Additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the commissioner a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;
(b) The name of the pesticide;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;
(d) If requested by the commissioner, a full description of the tests made and the results upon which the claims are based. In the case of renewal of registration, a statement shall be required only for information which is different from that furnished when the pesticide was registered or last reregistered; and
(e) Any other information required by the commissioner which may be prescribed by regulation.
(2) The registrant shall pay an annual fee of Three Hundred Dollars ($300.00) for each brand or grade of pesticide registered. All of the fees collected under this section shall be deposited in a special fund in the State Treasury to the credit of the Department of Agriculture and Commerce, and shall be subject to appropriation by the Mississippi Legislature. The fees shall be used by the * * * department * * * for enforcement of this chapter. The Department of Agriculture and Commerce may contract with the Department of Environmental Quality for a groundwater monitoring program.
(3) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles warrants the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5, he shall register the article, if the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, the commissioner may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA.
(4) If it does not appear to the commissioner that the article warrants the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the commissioner may refuse to register the article. In order to protect the public, the commissioner may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard. If he receives a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he may order the relabeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the Federal Safe Drinking Water Act. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections. Regulatory action taken under this subsection shall be conducted in accordance with Sections 69-25-51 through 69-25-63.
(5) Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.
SECTION 2. This act shall take effect and be in force from and after its passage.
