H-870                _______________________________________________

                                                    HOUSE BILL NO. 425

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Hastings, Vekich, Ballard and Brooks

Read first time 2/1/85 and referred to Committee on Agriculture.

AN ACT Relating to pesticides; and amending RCW 17.21.100.

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

        Sec. 1.  Section 10, chapter 249, Laws of 1961 as amended by section 3, chapter 191, Laws of 1971 ex. sess. and RCW 17.21.100 are each amended to read as follows:

          Pesticide applicators licensed under the provisions of this chapter shall keep records on a form prescribed by the director which shall include the following:

          (1) The name of the person for whom the pesticide was applied.

          (2) The location of the land where the pesticide was applied.

          (3) The year, month, day and time the pesticide was applied.

          (4) The person or firm who supplied the pesticide which was applied.

          (5) The trade name and/or the common name of the pesticide which was applied.

          (6) The direction and estimated velocity of the wind at the time the pesticide was applied:  PROVIDED, That this subsection does not apply to applications of baits in bait stations and pesticide applications within structures.

          (7) Any other reasonable information required by the director.

          (8) Such records shall be kept for a period of three years from the date of the application of the pesticide to which such records refer, and the director shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee:  PROVIDED, That the director may require the submission of such records within thirty days of the application of any restricted use pesticide in prescribed areas controlling the use of such restricted use pesticide:  PROVIDED FURTHER, That within thirty days of receipt of such written request by the director, the applicator may petition to the superior court in the county in which the applicator resides or does business and require the director to show cause that the reason for the request is the furtherance of the purposes of this chapter:  PROVIDED FURTHER, That the prevailing party at the hearing shall be entitled to costs and a reasonable attorney's fee.

(9) Records submitted to the department under subsection (8) of this section shall not be used by a state employee in his or her official capacity in any civil litigation outside of the state of Washington in which the state of Washington is not a litigant.