SENATE BILL 5253
State of Washington 52nd Legislature 1991 Regular Session
By Senators Murray, Snyder, Owen, L. Kreidler, Wojahn, Gaspard, McMullen, Niemi, A. Smith, Skratek, Moore, Talmadge, Williams, Madsen, Vognild, Pelz, Rinehart and Sutherland.
Read first time January 24, 1991. Referred to Committee on Environment & Natural Resources.
AN ACT Relating to pesticide application notification; amending RCW 17.21.020 and 15.58.040; adding new sections to chapter 17.21 RCW; and making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 17.21 RCW to read as follows:
(1) If a pesticide is applied to public and private school grounds, day care centers, public recreation areas, or residential property by a certified applicator, the pesticide-treated area must be posted with warning signs provided by the applicator in accordance with the requirements of this section.
(2) If pesticide warning signs are required under this section, the certified applicator must post signs visible from all usual points of entry to the pesticide-treated area. If there are no usual points of entry or the area is adjacent to an unfenced public right of way, signs must be posted (a) at each corner of the pesticide-treated area, and (b) at intervals not exceeding one hundred feet, or (c) at other locations approved by the department that provide maximum visibility.
(3) The signs must be posted during application and for at least the following forty-eight hours. The owner or occupant of the property is responsible for disposition of the signs after the posting period.
(4) Signs must be legible for the duration of use. Signs shall contain a prominent symbol approved by the department by rule, and wording shall be in English and other appropriate languages as determined by the department. Signs shall meet the minimum specifications adopted by rule by the department, which shall include, at a minimum, the following requirements:
(a) Signs must be at least eight and one-half inches by five and one-half inches in size;
(b) Signs must include an information box covering at least fifty percent of the area of the sign containing: (i) The words "NOTICE!‑-Area sprayed"; (ii) the name of the pesticide; (iii) pesticide label signal word; and (iv) information identifying the applicator, and an address and telephone number where additional information can be obtained. If the department determines that such information is too lengthy to be contained in the information box in easily readable print size, the department may approve an alternative sign; and
(c) The date of application must be indicated on the signs.
Sec. 2. RCW 17.21.020 and 1989 c 380 s 33 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agricultural commodity" means any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.
(2) "Apparatus" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in such land, but shall not include any pressurized handsized household device used to apply any pesticide, or any equipment, device, or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application, or any other small equipment, device, or contrivance that is transported in a piece of equipment licensed under this chapter as an apparatus.
(3) "Arthropod" means any invertebrate animal that belongs to the phylum arthropoda, which in addition to insects, includes allied classes whose members are wingless and usually have more than six legs; for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(4) "Certified applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only.
(5) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.
(6) "Commercial pesticide operator" means any employee of a commercial pesticide applicator who uses or supervises the use of any pesticide and who is required to be licensed under provisions of this chapter.
(7) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.
(8) "Department" means the Washington state department of agriculture.
(9) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.
(10) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, or to destroy, control, repel, or mitigate fungi, nematodes, or such other pests, as may be designated by the director, but not including equipment used for the application of pesticides when sold separately from the pesticides.
(11) "Direct supervision" by certified private applicators shall mean that the designated restricted use pesticide shall be applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator's employer, by a competent person acting under the instructions and control of a certified private applicator who is available if and when needed, even though such certified private applicator is not physically present at the time and place the pesticide is applied. The certified private applicator shall have direct management responsibility and familiarity of the pesticide, manner of application, pest, and land to which the pesticide is being applied. Direct supervision by all other certified applicators means direct on-the-job supervision. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.
(12) "Director" means the director of the department or a duly authorized representative.
(13) "Engage in business" means any application of pesticides by any person upon lands or crops of another.
(14) "EPA" means the United States environmental protection agency.
(15) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.
(16) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(17) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in a living person or other animals.
(18) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.
(19) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.
(20) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(21) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment whatsoever.
(22) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices, and contrivances, appurtenant to or situated on, fixed or mobile, including any used for transportation.
(23) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.
(24) "Nematode" means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, may also be called nemas or eelworms.
(25) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.
(26) "Pest" means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus on or in a living person or other animal, which is normally considered to be a pest, or which the director may declare to be a pest.
(27) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest;
(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or effect thereof, and sold in a package or container separate from that of the pesticide with which it is to be used.
(28) "Pesticide advisory board" means the pesticide advisory board as provided for in this chapter.
(29) "Plant regulator" means any substance or mixture of substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
(30) "Private applicator" means a certified applicator who uses or is in direct supervision of the use of (a) any EPA restricted use pesticide; or (b) any restricted use pesticide restricted to use only by certified applicators by the director, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the land of another person.
(31) "Private-commercial applicator" means a certified applicator who uses or supervises the use of (a) any EPA restricted use pesticide or (b) any restricted use pesticide restricted to use only by certified applicators for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator or the applicator's employer.
(32) "Restricted use pesticide" means any pesticide or device which, when used as directed or in accordance with a widespread and commonly recognized practice, the director determines, subsequent to a hearing, requires additional restrictions for that use to prevent unreasonable adverse effects on the environment including people, lands, beneficial insects, animals, crops, and wildlife, other than pests.
(33) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents, or any other vertebrate animal which the director may declare by rule to be a pest.
(34) "Snails or slugs" include all harmful mollusks.
(35) "Unreasonable adverse effects on the environment" means any unreasonable risk to people or the environment taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or as otherwise determined by the director.
(36) "Weed" means any plant which grows where not wanted.
(37) "Residential property" includes property less than one acre in size zoned as residential by the city, town, or county.
(38) "Dwelling" means a building or structure or portion of a building or structure that is occupied in whole or in part as the home, residence, or sleeping place for one or two families.
(39) "Multiple dwelling" means a dwelling occupied by or that is occupied as the residence or home of three or more families living independent of each other.
(40) "Multiple dwelling unit" means that portion of a multiple dwelling occupied by one or more persons as the residence or home of such persons.
(41) "Premises" means land and improvements or appurtenances or any part of land and improvements or appurtenances.
NEW SECTION. Sec. 3. A new section is added to chapter 17.21 RCW to read as follows:
(1) Every certified applicator must, prior to the application of pesticide on or within a dwelling on residential property, supply the occupants with a written copy of the information, specifically for health warnings to humans and pets, contained on the label of the pesticide to be applied.
(2) Except as provided in subsection (3) of this section, every certified applicator must, prior to the application of pesticide within or on the premises of a multiple dwelling, building, or structure other than a dwelling in an area zoned as residential property, supply the owner or his or her agent, with a written copy of the information, specifically for health warnings to humans and pets, contained on the label of the pesticide to be applied. Prior to an application of pesticide the owner or agent must inform the occupants or residents of the multiple dwelling, building, or structure of the impending application and must provide written information specifically for health warnings to humans and pets in English or appropriate language as determined by the department.
(3) In the case where an occupant of a multiple dwelling unit retains a certified applicator to apply pesticides within the unit, the applicator must, prior to the application of a pesticide, supply any information, specifically for health warnings for humans and pets, contained on the label of the pesticides to the occupants.
NEW SECTION. Sec. 4. A new section is added to chapter 17.21 RCW to read as follows:
(1) Prior to a pesticide application on public or private school grounds, day care centers, public recreation areas, or residential property, the certified applicator must provide in writing, as part of the contract to the owner of the property or his or her agent, the following:
(a) The approximate date or dates of application;
(b) The number of applications and quantity;
(c) A list of substances to be applied, including brand names and generic names of active ingredients;
(d) Warnings that appear on the pesticide label pertinent to the protection of humans, animals, or the environment;
(e) The company name, address, telephone number, and the state certified applicator's license number.
(2) If the application date or dates specified become infeasible, the applicator must give the owner or his or her agent oral or written notice of the proposed alternative date or dates. The owner or his or her agent must approve the alternative date or dates before the pesticide is applied.
Sec. 5. RCW 15.58.040 and 1989 c 380 s 2 are each amended to read as follows:
(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.
(2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:
(a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;
(b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. 162.10 for toxicity category I due to oral inhalation or dermal toxicity. The director shall publish a list of all pesticides, determined to be highly toxic, by their common or generic name and their trade or brand name if practical. Such list shall be kept current and shall, upon request, be made available to any interested party;
(c) Determining standards for denaturing pesticides by color, taste, odor, or form;
(d) The collection and examination of samples of pesticides or devices;
(e) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;
(f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, or any other hazard to the public. The director shall be guided by federal regulations concerning pesticide containers;
(g) Procedures in making of pesticide recommendations;
(h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director determines that such pesticides may require rules restricting or prohibiting their distribution or use. The director may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director may require all persons issued such permits to maintain records as to the use of all the restricted use pesticides;
Label requirements of all pesticides required to be registered under provisions
of this chapter; ((
(j) Regulating the labeling of devices; and
(k) Public notice, including warning signs and information materials, for public distribution at retail sales outlets where pesticides are sold for home and garden use.
(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.
NEW SECTION. Sec. 6. A new section is added to chapter 17.21 RCW to read as follows:
State and local health departments and mosquito control districts when conducting mosquito control operations are exempt from the posting applications and notification provisions of this chapter.
NEW SECTION. Sec. 7. A new section is added to chapter 17.21 RCW to read as follows:
(1) The department shall establish pesticide use education and information programs for the public to include, but not be limited to, the following subjects:
(a) Importance of following manufacturers' instructions for the product;
(b) The harmful effects of product misuse and misapplications;
(c) Impacts upon human health, animals, and birds;
(d) Environmental impacts including impacts on surface and ground water quality;
(e) Proper container storage or disposal after usage.
(2) The department shall establish a home and garden pesticide product telephone hotline to respond to public inquiries.
(3) The department shall develop and produce informational materials, to include brochures, residential warning signs, and posters for distribution to retail outlets where home and garden pesticide products are sold.
(4) The department shall establish a six‑member home and garden pesticide product advisory group in the development of the public education program. The director shall include representatives from the pesticide manufacturing industry, certified applicators, environmental community, the department of health, and the department of ecology.
(5) The home and garden pesticide product advisory group shall report to the appropriate legislative committees by June 30, 1992, on the program needs and priorities.
NEW SECTION. Sec. 8. The sum of forty-five thousand dollars, or as much thereof as may be necessary, is appropriated to the department of agriculture for the biennium ending June 30, 1993, from the state toxics control account for the state pesticide use education and information program.