H-4166

AN ACT Relating to a pilot project for pesticide recordkeeping and reporting; amending RCW 17.21.100; and adding a new section to chapter 17.21 RCW.

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) The director of agriculture may require by rule that the pesticide application information required by RCW 17.21.100 for an application be submitted to the department by electronic means. Such a filing shall be made within a short period of time, set by the director by rule, following the application of the pesticide. For the purposes of this section, "electronic means" includes, but is not limited to, transmission over telephone lines. The director may, by rule, determine the extent to which application information submitted in this manner must be maintained by the applicator or the person on whose property the application was made. The director may require the submittal of such information by electronic means on a pilot project basis.

(2) This section expires on July 1, 1996.

Sec. 2. RCW 17.21.100 and 1989 c 380 s 39 are each amended to read as follows:

(1) Except as provided in subsections (7) and (8) of this section, pesticide applicators licensed under the provisions of this chapter and all persons applying pesticides to more than one acre of agricultural land in a calendar year, including public entities engaged in roadside spraying of pesticides, shall keep records on a form prescribed by the director which shall include the following:

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

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

(c) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide which was applied.

(d) The crop or site to which the pesticide was applied.

(e) The amount of pesticide applied per acre or other appropriate measure.

(f) The concentration of pesticide that was applied.

(g) The number of acres, or other appropriate measure, to which the pesticide was applied.

(h) The licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application.

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

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

(2) Records shall be updated on the same day that a pesticide is applied.

(3) Such records shall be kept for a period of seven 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.

(4) The pesticide records shall be readily available to: The department; treating medical personnel initiating diagnostic testing or therapy for a patient with a suspected case of pesticide poisoning; the department of social and health services; the pesticide incident reporting and tracking panel; and, in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries, the employee or the employee's designated representative and the department of labor and industries.

(5) If a request for information is made under subsection (4) of this section from an applicator referred to in subsection (1) of this section and the applicator refuses to provide a copy of the records, the department shall be notified of the request and the applicator's refusal. Within seven working days, the department shall request that the applicator provide the department with all pertinent copies, except that in a medical emergency the request shall be made within two working days. The applicator shall provide copies of the records to the department within twenty-four hours after the department's request.

(6) The department of agriculture and the department of labor and industries shall jointly adopt, by rule, one form that satisfies the information requirements of this section and RCW 49.70.119. Records kept on the prescribed form under RCW 49.70.119 may be used to comply with this section.

(7) This section shall not apply to the owner or operator of a dairy farm with respect to his or her application of pesticides to the farm.

(8) The form and duration for keeping records for information submitted under section 1 of this act shall be established by the director by rule under section 1 of this act. The provisions of this section regarding such form and duration do not apply to information submitted under section 1 of this act.