[atlas:bill]

AN ACT Relating to registering pesticides; amending RCW 15.58.050, 15.58.070, 15.58.070, and 15.58.080; providing effective dates; and providing an expiration date.

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

Sec. 1. RCW 15.58.050 and 1989 c 380 s 3 are each amended to read as follows:

Every pesticide which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the director subject to the provisions of this chapter. ((~~Such registration shall be renewed annually prior to January 1: PROVIDED, That~~)) However, registration is not required if: A pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely at such plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this chapter; or ((if)) a written permit has been obtained from the director to distribute or use the specific pesticide for experimental purposes subject to restrictions and conditions set forth in the permit.

Sec. 2. RCW 15.58.070 and 1997 c 242 s 2 are each amended to read as follows:

(1) ((Any person desiring to register a pesticide with the department shall pay to the director an annual registration fee for each pesticide registered by the department for such person. The registration fee shall be one hundred forty-five dollars for each pesticide registered.

~~(2) The revenue generated by the registration~~)) Except under subsection (2) of this section:

(a) All registrations issued by the department to registrants whose names begin with the letters A through N expire December 31, 2004; and

(b) All registrations issued by the department to registrants whose names begin with the letters O through Z expire December 31, 2003.

(2) All registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year.

(3) An application for registration shall be accompanied by a fee of two hundred ninety dollars for each pesticide, except that:

(a) An application for registration submitted by a registrant whose name begins with the letters O through Z shall be accompanied by a fee of one hundred forty-five dollars for each pesticide; and

(b) A registrant who is applying to register an additional pesticide during the year the registrant's registration expires shall pay a fee of one hundred forty-five dollars for each additional pesticide.

(4) Fees shall be deposited in the agricultural local fund to support the activities of the pesticide program within the department.

((~~(3) All pesticide registrations expire on December 31st of each year. A registrant may elect to register a pesticide for a two-year period by prepaying for a second year at the time of registration.~~

~~(4)~~)) (5) Any registration approved by the director and in effect on the ((~~31st day of December~~)) last day of the registration period, for which a renewal application has been made and the proper fee paid, continues in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.

Sec. 3. RCW 15.58.070 and 1997 c 242 s 2 are each amended to read as follows:

~~(2) The revenue generated by the registration~~)) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year.

(2) An application for registration shall be accompanied by a fee of two hundred ninety dollars for each pesticide, except that a registrant who is applying to register an additional pesticide during the year the registrant's registration expires shall pay a fee of one hundred forty-five dollars for each additional pesticide.

(3) Fees shall be deposited in the agricultural local fund to support the activities of the pesticide program within the department.

(4) Any registration approved by the director and in effect on the ((~~31st day of December~~)) last day of the registration period, for which a renewal application has been made and the proper fee paid, continues in full force and effect until the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provision of RCW 15.58.110.

Sec. 4. RCW 15.58.080 and 1994 c 46 s 2 are each amended to read as follows:

If the renewal of a pesticide registration or special needs registration is not filed ((~~before January 1st of each year~~)) by the day the registration expires, an additional fee of ((~~twenty-five~~)) fifty dollars shall be assessed and added to the original fee. The additional fee shall be paid by the applicant before the registration renewal for that pesticide shall be issued unless the applicant furnishes an affidavit certifying that the applicant did not distribute the unregistered pesticide during the period of nonregistration. The payment of the additional fee is not a bar to any prosecution for doing business without proper registry.

NEW SECTION. Sec. 5. (1) Section 2 of this act takes effect January 1, 2003.

(2) Section 2 of this act expires January 1, 2004.

NEW SECTION. Sec. 6. Section 3 of this act takes effect January 1, 2004.