H-3862.1          _______________________________________________

 

                                  HOUSE BILL 2531

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Roland, Ballard, H. Myers, Horn and Rayburn

 

Read first time 01/20/92.  Referred to Committee on Agriculture & Rural Development.Clarifying the department of agriculture's authority.


     AN ACT Relating to clarifying the department of agriculture's authority to regulate pesticides; amending RCW 15.58.020 and 17.21.010; adding a new section to chapter 15.58 RCW; adding a new section to chapter 17.21 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 15.58.020 and 1971 ex.s. c 190 s 2 are each amended to read as follows:

     The formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of any pesticide, is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be a business affected with the public interest.  A system of pesticide regulation that is consistent, coordinated, and comports with both federal and state technical expertise is essential in maintaining the level of public health and welfare, and local regulation of pesticides does not materially assist in achieving this goal.  The provisions of this chapter are enacted in the exercise of the police powers of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 15.58 RCW to read as follows:

     A city, town, county, or political subdivision of this state may not adopt or continue in effect an ordinance, rule, regulation, or statute regarding pesticide sale or use, including without limitation:  Registration, advertising and marketing, distribution, storage, transportation, disposal, disclosure of confidential information, or product composition.

 

     Sec. 3.  RCW 17.21.010 and 1967 c 177 s 1 are each amended to read as follows:

     The application and the control of the use of various pesticides is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be affected with the public interest.  A system of pesticide regulation that is consistent, coordinated, and comports with both federal and state technical expertise is essential in maintaining the level of public health and welfare, and local regulation of pesticides does not materially assist in achieving this goal.  The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 17.21 RCW to read as follows:

     A city, town, county, or political subdivision of this state may not adopt or continue in effect an ordinance, rule, regulation, or statute regarding pesticide sale or use, including without limitation:  Method and manner of application, notification of use, applicator training and certification, or storage.

 

     NEW SECTION.  Sec. 5.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.