AN ACT
Relating to providing pesticide-sensitive individuals notification of urban
pesticide applications; amending RCW 17.21.020; and adding new sections to
chapter 17.21 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. 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) "Immediate
service call" means a landscape application to satisfy an emergency
customer request for service, or a treatment to control a pest to landscape
plants.
(21)
"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)))
(22) "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)))
(23) "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)))
(24) "Landscape application" means an application by a certified
applicator of any EPA registered pesticide to any exterior landscape plants
found around residential property, parks, golf courses, or schools. This
definition shall not apply to: (a) certified private applicators; (b) state
and local health departments and mosquito control districts when conducting
mosquito control operations; and (c) commercial pesticide applicators making
structural applications.
(25)
"Nematocide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate nematodes.
(((24)))
(26) "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)))
(27) "Person" means any individual, partnership, association,
corporation, or organized group of persons whether or not incorporated.
(((26)))
(28) "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)))
(29) "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)))
(30) "Pesticide advisory board" means the pesticide advisory
board as provided for in this chapter.
(((29)))
(31) "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)))
(32) "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)))
(33) "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)))
(34) "Residential property" includes property less than one acre
in size zoned as residential by a city, town, or county, but does not include
property zoned as agricultural or agricultural homesites.
(35)
"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)))
(36) "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)))
(37) "Snails or slugs" include all harmful mollusks.
(((35)))
(38) "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)))
(39) "Weed" means any plant which grows where not wanted.
NEW
SECTION. Sec. 2. A new
section is added to chapter 17.21 RCW to read as follows:
(1)(a) A
certified applicator making a landscape application shall display the name and
telephone number of the applicator or the applicator's employer on any power
application apparatus. The applicator shall also carry the material safety
data sheet for each pesticide being applied.
(b) A
certified applicator making a right of way application shall display the name
and telephone number of the applicator or the applicator's employer and the
words "VEGETATION MANAGEMENT APPLICATION" on any power application
apparatus. The applicator shall also carry the material safety data sheet for
each pesticide being applied.
(2) If
a certified applicator receives a written request for information on a spray
application, the applicator shall provide the requestor with the name or names
of each pesticide applied and (a) a copy of the material safety data sheet for
each pesticide; or (b) a pesticide fact sheet for each pesticide as developed
or approved by the department.
(3)
The director shall adopt rules establishing the size and lettering requirements
of the apparatus display signs required under this section.
NEW
SECTION. Sec. 3. A new
section is added to chapter 17.21 RCW to read as follows:
(1)
The department shall develop a list of pesticide-sensitive individuals. The
list shall include any person with a documented pesticide sensitivity who
submits information to the department on an application form developed by the
department indicating the person's pesticide sensitivity.
(2) An
applicant for inclusion on the pesticide-sensitive list may apply to the
department at any time and shall provide the department, on the department's
form, the name, street address, and telephone number of the applicant and of
each property owner with property abutting the applicant's principal place of
residence. The pesticide sensitivity of an individual shall be certified by a
physician who holds a valid license to practice medicine in this state. The
lands listed on an application for inclusion on the pesticide-sensitive list
shall constitute the pesticide notification area for that applicant.
(3) A
person whose name has been included on the pesticide-sensitive list shall
notify the department of a need to update the list as soon as possible after:
(a) A change of address or telephone number; (b) a change in ownership of
property abutting a pesticide-sensitive individual; (c) a change in the
applicant's condition; or (d) the sensitivity is deemed to no longer exist.
(4)
The pesticide-sensitive list shall expire on December 31 of each year. The
department shall distribute application forms for the new list at a reasonable
time prior to the expiration of the current list, including mailing an
application form to each person on the current list at the address given by the
person in his or her most recent application. Persons desiring to be placed on
or remain on the list shall submit a new application each year.
(5)
The department shall distribute the list by February 15 and June 15 of each
year to all certified applicators likely to make landscape applications. The
list shall provide multiple methods of accessing the information so that
certified applicators making landscape applications or right of way
applications are able to easily determine what properties and individuals
require notification for a specific application. An updated list shall be
distributed whenever deemed necessary by the department. Certified applicators
may request a list of newly registered individuals that have been added to the
list since the last distribution. Registered individuals shall receive
verification that their name has been placed on the list.
NEW
SECTION. Sec. 4. A new
section is added to chapter 17.21 RCW to read as follows:
(1) A
certified applicator making a landscape application or a right of way
application to the pesticide notification area, as defined in section 3(2) of
this act, of a person on the pesticide-sensitive list shall notify the listed
pesticide-sensitive individual of the application. Notification shall be made
at least two hours prior to the scheduled application, or in the case of an
immediate service call, the applicator shall provide notification at the time
of the application.
(2)
Notification under this section shall be made in writing, in person, or by
telephone, and shall disclose the date and approximate time of the
application. In the event a certified applicator is unable to provide prior
notification because of the absence or inaccessibility of the individual, the
applicator shall leave a written notice at the residence of the individual
listed on the pesticide-sensitive list at the time of the application. If a
person on the pesticide-sensitive list lives in a multifamily dwelling such as
an apartment or condominium, the applicator shall notify the person on the list
or shall advise the manager or other property owner's representative to notify
the person on the list of the application.
NEW
SECTION. Sec. 5. A new
section is added to chapter 17.21 RCW to read as follows:
(1) A
certified applicator making a landscape application to: (a) Residential
property shall at the time of the application place a marker at the usual point
of entry to the property. If the application is made to an isolated spot that
is not a substantial portion of the property, the applicator shall only be
required to place a marker at the application site. If the application is in a
fenced or otherwise isolated backyard, no marker is required.
(b) A
golf course shall at the time of the application place a marker at the first
tee and tenth tee or post the information in a conspicuous location such as on
a central message board.
(c) A
school shall at the time of the application place a marker at each primary
point of entry to the school grounds.
(d) A
park shall at the time of the application place a marker at each primary point
of entry.
(2)
The marker shall be a minimum of four inches by five inches. It shall have the
words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and
"FOR MORE INFORMATION PLEASE CALL" as the footer. The company name
and service mark with the applicator's telephone number where information can
be obtained shall be included between the headline and the footer on the
marker. The letters and service marks shall be printed in colors contrasting
to the background.
(3)
The property owner or tenant shall remove the marker the day following the
application. A commercial applicator is not liable for the removal of markers
by unauthorized persons or removal outside the designated removal time.
(4) A
certified applicator who complies with this section cannot be held liable for
personal property damage or bodily injury resulting from markers that are
placed as required.
