SENATE BILL REPORT

                                    HB 2448

          AS REPORTED BY COMMITTEE ON AGRICULTURE & WATER RESOURCES,

                               FEBRUARY 25, 1992

Brief Description:  Changing pesticide licensing laws.

SPONSORS: Representatives Rayburn, Nealey and Rasmussen; by request of Department of Agriculture

HOUSE COMMITTEE ON AGRICULTURE & RURAL DEVELOPMENT

SENATE COMMITTEE ON AGRICULTURE & WATER RESOURCES

Majority Report:  Do pass as amended. 

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Conner, Gaspard, Newhouse, and Hansen.

Staff:  John Stuhlmiller (786‑7446)

Hearing Dates: February 21, 1992; February 25, 1992

BACKGROUND:

The registration and distribution of pesticides and the offering of technical advice regarding pesticides is regulated under the Pesticide Control Act.  The use and the possession for use of pesticides is regulated under the Pesticide Application Act.  Both acts require persons to be licensed to perform certain pesticide-related activities.

SUMMARY:

License Terms and Fees.  The licenses for pesticide dealer managers, private-commercial applicators, and demonstration and research applicators are changed to annual licenses from five-year licenses.  The fee for each license is changed to $15 per year from the current fee of $50 for five years.  Licenses issued before the effective date of this bill continue in effect until the expiration of their five-year term unless revoked for cause.

The licensing fee for private applicator certification is waived for an individual licensed as a pest control consultant or dealer manager under the Pesticide Control Act.  The fee is also waived for those licensed under the Pesticide Application Act, except those licensed as public operators who are otherwise exempt from fee requirements under the act.

Structural Pest Inspections.  The structural pest control inspector's license is not required for all noncommercial activities.  Exempt from licensing are individuals inspecting for damage caused by wood-destroying organisms if the inspections are solely for the purpose of (1) repairing or making specific recommendations for the repair of such damage, or (2) assessing a monetary value of the structure inspected.

Other.  The exemption from licensure as a commercial applicator currently provided to a farmer who occasionally applies pesticides to the lands of other farmers now applies to the farmer occasionally applying pesticides for any other person.  This new version of the exemption is provided as long as the application is done without compensation, other than an exchange of services between agricultural producers.

The distinction between a ground-based commercial pesticide operator and an aerial-based commercial pesticide operator is no longer made by statute.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

SUMMARY OF PROPOSED SENATE AMENDMENT:

Technical changes are made.  Clarifies that growers may only apply pesticides for other farmers if it is done in trade for other agricultural services.

TESTIMONY FOR:

The bill is necessary to provide consistency in fees for all pesticide licenses and to allow the recertification program to run more smoothly.

TESTIMONY AGAINST:  None

TESTIFIED:  Glenn Smerdon, Washington State Department of Agriculture (pro)