H-3281.1 _______________________________________________
HOUSE BILL 2809
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Doumit, Chandler, Linville, Schoesler, Eickmeyer and Pearson
Read first time 01/29/2002. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to forest pesticide application; amending RCW 17.21.020 and 17.21.020; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 17.21.020 and 1994 c 283 s 1 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) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government-recognized conservation reserve program. This definition does not apply to private gardens where agricultural commodities are produced for personal consumption.
(3) "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.
(4) "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.
(5) "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 or the director as a restricted use pesticide.
(6) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.
(7) "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.
(8) "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.
(9) "Department" means the Washington state department of agriculture.
(10) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.
(11) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but not including equipment used for the application of pesticides when sold separately from the pesticides.
(12) "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 and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. However, direct supervision for forest application does not require constant voice and visual contact when general use pesticides are applied using nonapparatus type equipment, the certified applicator is physically present and readily available in the immediate application area, and the certified applicator directly observes pesticide mixing and batching. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.
(13) "Director" means the director of the department or a duly authorized representative.
(14) "Engage in business" means any application of pesticides by any person upon lands or crops of another.
(15) "EPA" means the United States environmental protection agency.
(16) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.
(17) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(18) "Forest application" means the application of pesticides to agricultural land used to grow trees for the commercial production of wood or wood fiber for products such as dimensional lumber, shakes, plywood, poles, posts, pilings, particle board, hardboard, oriented strand board, pulp, paper, cardboard, or other similar products.
(19) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state.
(((19))) (20)
"Fungi" means all nonchlorophyll-bearing thallophytes (all
nonchlorophyll-bearing plants of lower order than mosses and liverworts); for
example, rusts, smuts, mildews, molds, and yeasts, except those on or in a
living person or other animals.
(((20))) (21)
"Fungicide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate any fungi.
(((21))) (22)
"Herbicide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate any weed or other higher plant.
(((22))) (23)
"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.
(((23))) (24)
"Insect" means any small invertebrate animal, in any life stage,
whose adult form is segmented and which generally belongs to the class insecta,
comprised of six-legged, usually winged forms, as, for example, beetles, bugs,
bees, and flies. The term insect shall also apply 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.
(((24))) (25)
"Insecticide" means any substance or mixture of substances intended
to prevent, destroy, repel, or mitigate any insect.
(((25))) (26)
"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.
(((26))) (27)
"Landscape application" means an application by a certified
applicator of any EPA registered pesticide to any exterior landscape plants
found around residential property, commercial properties such as apartments or
shopping centers, parks, golf courses, schools including nursery schools and
licensed day cares, or cemeteries or similar areas. This definition shall not
apply to: (a) Applications made by certified private applicators; (b) mosquito
abatement, gypsy moth eradication, or similar wide-area pest control programs
sponsored by governmental entities; and (c) commercial pesticide applicators
making structural applications.
(((27))) (28)
"Nematocide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate nematodes.
(((28))) (29)
"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. Nematodes may also be called nemas or
eelworms.
(((29))) (30)
"Person" means any individual, partnership, association, corporation,
or organized group of persons whether or not incorporated.
(((30))) (31)
"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,
bacteria, or other microorganisms on or in a living person or other animal or
in or on processed food or beverages or pharmaceuticals, which is normally
considered to be a pest, or which the director may declare to be a pest.
(((31))) (32)
"Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any 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 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.
(((32))) (33)
"Pesticide advisory board" means the pesticide advisory board as
provided for in this chapter.
(((33))) (34)
"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.
(((34))) (35)
"Private applicator" means a certified applicator who uses or is in
direct supervision of the use of any pesticide classified by the EPA or the
director as a restricted use pesticide, 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.
(((35))) (36)
"Private-commercial applicator" means a certified applicator who uses
or supervises the use of any pesticide classified by the EPA or the director as
a restricted use pesticide for purposes other than the production of any
agricultural commodity on lands owned or rented by the applicator or the
applicator's employer.
(((36))) (37)
"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.
(((37))) (38)
"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.
(((38))) (39)
"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.
(((39))) (40)
"Snails or slugs" include all harmful mollusks.
(((40))) (41)
"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.
(((41))) (42)
"Weed" means any plant which grows where it is not wanted.
Sec. 2. RCW 17.21.020 and 2001 c 333 s 1 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) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a government-recognized conservation reserve program. This definition does not apply to private gardens where agricultural commodities are produced for personal consumption.
(3) "Antimicrobial pesticide" means a pesticide that is used for the control of microbial pests, including but not limited to viruses, bacteria, algae, and protozoa, and is intended for use as a disinfectant or sanitizer.
(4) "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.
(5) "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.
(6) "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 or the director as a restricted use pesticide.
(7) "Commercial pesticide applicator" means any person who engages in the business of applying pesticides to the land of another.
(8) "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.
(9) "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.
(10) "Department" means the Washington state department of agriculture.
(11) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.
(12) "Device" means any instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but not including equipment used for the application of pesticides when sold separately from the pesticides.
(13) "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 and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. However, direct supervision for forest application does not require constant voice and visual contact when general use pesticides are applied using nonapparatus type equipment, the certified applicator is physically present and readily available in the immediate application area, and the certified applicator directly observes pesticide mixing and batching. Direct supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.
(14) "Director" means the director of the department or a duly authorized representative.
(15) "Engage in business" means any application of pesticides by any person upon lands or crops of another.
(16) "EPA" means the United States environmental protection agency.
(17) "EPA restricted use pesticide" means any pesticide classified for restricted use by the administrator, EPA.
(18) "FIFRA" means the federal insecticide, fungicide and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(19) "Forest application" means the application of pesticides to agricultural land used to grow trees for the commercial production of wood or wood fiber for products such as dimensional lumber, shakes, plywood, poles, posts, pilings, particle board, hardboard, oriented strand board, pulp, paper, cardboard, or other similar products.
(20) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or gas on application and whose method of pesticidal action is through the gaseous state.
(((20))) (21)
"Fungi" means all nonchlorophyll-bearing thallophytes (all
nonchlorophyll-bearing plants of lower order than mosses and liverworts); for
example, rusts, smuts, mildews, molds, and yeasts, except those on or in a
living person or other animals.
(((21))) (22)
"Fungicide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate any fungi.
(((22))) (23)
"Herbicide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate any weed or other higher plant.
(((23))) (24)
"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.
(((24))) (25)
"Insect" means any small invertebrate animal, in any life stage,
whose adult form is segmented and which generally belongs to the class insecta,
comprised of six-legged, usually winged forms, as, for example, beetles, bugs,
bees, and flies. The term insect shall also apply 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.
(((25))) (26)
"Insecticide" means any substance or mixture of substances intended
to prevent, destroy, repel, or mitigate any insect.
(((26))) (27)
"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.
(((27))) (28)
"Landscape application" means an application of any EPA registered
pesticide to any exterior landscape area around residential property,
commercial properties such as apartments or shopping centers, parks, golf
courses, schools including nursery schools and licensed day cares, or cemeteries
or similar areas. This definition shall not apply to: (a) Applications made
by certified private applicators; (b) mosquito abatement, gypsy moth
eradication, or similar wide-area pest control programs sponsored by
governmental entities; and (c) commercial pesticide applicators making
structural applications.
(((28))) (29)
"Nematocide" means any substance or mixture of substances intended to
prevent, destroy, repel, or mitigate nematodes.
(((29))) (30)
"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. Nematodes may also be called nemas or
eelworms.
(((30))) (31)
"Person" means any individual, partnership, association, corporation,
or organized group of persons whether or not incorporated.
(((31))) (32)
"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,
bacteria, or other microorganisms on or in a living person or other animal or
in or on processed food or beverages or pharmaceuticals, which is normally
considered to be a pest, or which the director may declare to be a pest.
(((32))) (33)
"Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any 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 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.
(((33))) (34)
"Pesticide advisory board" means the pesticide advisory board as
provided for in this chapter.
(((34))) (35)
"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.
(((35))) (36)
"Private applicator" means a certified applicator who uses or is in
direct supervision of the use of any pesticide classified by the EPA or the
director as a restricted use pesticide, 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.
(((36))) (37)
"Private-commercial applicator" means a certified applicator who uses
or supervises the use of any pesticide classified by the EPA or the director as
a restricted use pesticide for purposes other than the production of any
agricultural commodity on lands owned or rented by the applicator or the
applicator's employer.
(((37))) (38)
"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.
(((38))) (39)
"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.
(((39))) (40)
"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.
(((40))) (41)
"School facility" means any facility used for licensed day care center
purposes or for the purposes of a public kindergarten or public elementary or
secondary school. School facility includes the buildings or structures,
playgrounds, landscape areas, athletic fields, school vehicles, or any other
area of school property.
(((41))) (42)
"Snails or slugs" include all harmful mollusks.
(((42))) (43)
"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.
(((43))) (44)
"Weed" means any plant which grows where it is not wanted.
NEW SECTION. Sec. 3. (1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
(2) Section 2 of this act takes effect July 1, 2002.
NEW SECTION. Sec. 4. Section 1 of this act expires July 1, 2002.
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