HOUSE BILL REPORT
SSB 6246
BYSenate Committee on Agriculture (originally sponsored by Senators Barr, Hansen, Anderson, Madsen, Benitz and Warnke)
Changing recordkeeping requirements for pesticide use.
House Committe on Commerce & Labor
Majority Report: Do pass as amended. (6)
Signed by Representatives Vekich, Chair; Cole, Vice Chair; Jones, R. King, Leonard and Prentice.
Minority Report: Do not pass. (4)
Signed by Representatives Smith, Ranking Republican Member; Forner, Walker and Wolfe.
House Staff:Chris Cordes (786-7117)
AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 21, 1990
BACKGROUND:
Persons licensed to apply pesticides or who apply pesticides to more than one acre of agricultural land, public entities engaged in roadside spraying, and employers who apply or store pesticides in connection with the production of an agricultural crop are required to keep records on one form adopted jointly by the Department of Agriculture and the Department of Labor and Industries.
SUMMARY:
BILL AS AMENDED: The recordkeeping requirement is amended for persons licensed to apply pesticides or who apply pesticides to more than one acre of agricultural land, for public entities engaged in roadside spraying, and for employers who apply or store pesticides in connection with the production of an agricultural crop. The requirement for keeping records on a form prescribed by the Department of Agriculture and the Department of Labor and Industries is changed to require that records be kept as required by the Department of Agriculture and submitted on the prescribed form when requested by the agencies. Records of pesticide applications by employers must be kept in accordance with the requirements of the Washington Pesticide Application Act rather than the Washington Industrial Safety and Health Act.
The information that must be kept for pesticide applications under the Washington Pesticide Application Act is amended to include: (1) disclosure of the pest for which a pesticide was applied; (2) a description of alternative pest control methods that were considered and reasons for rejecting the alternative methods; and (3) a description of the known or potential risks to the public and employees and the steps that were taken to mitigate the risks. The records must be made available to a member of the community who resides within one mile of the pesticide-treated area and must be submitted annually to the Department of Agriculture.
The requirement is deleted that employees may have access to pesticide application records only if an industrial insurance claim has been filed.
AMENDED BILL COMPARED TO SUBSTITUTE: The amendment adds the following recordkeeping requirements: (1) the records must disclose the pest for which pesticide was applied; (2) the records must describe alternative pest control methods that were considered and reasons for rejecting the alternative methods; (3) the records must describe the known or potential risks to the public and employees and the steps that were taken to mitigate the risks; (4) the records must be made available to a member of the community who resides within one mile of the pesticide-treated area; and (5) the records must be submitted annually to the Department of Agriculture. The requirement is deleted that employees may have access to records only if an industrial insurance claim has been filed. The current exemption from the recordkeeping requirements for dairy farms is retained.
Fiscal Note: Requested February 22, 1990.
Effective Date:The bill contains an emergency clause and takes effect immediately.
House Committee ‑ Testified For: (Amended bill) T.K. Bentler, WASHPIRG; and Jack Davis, Black Hills Audubon Society.
(Neutral): (Amended bill) Steve Cant, Department of Labor and Industries.
House Committee - Testified Against: (Amended bill) Mike Schwisow, Department of Agriculture; Mark Triplett and Errett Deck, Agri-business Coalition; and Pete Tovoli.
House Committee - Testimony For: (Amended bill) It is very difficult to get information about a specific pesticide application. Better recordkeeping is required. However, the need for a solution to the proposed department form is recognized. It would be better to give the public more information through increased posting of both residential and commercial pesticide applications. The amendment also provides needed information about the use for and success of integrated pesticide management. This concept should be encouraged.
(Neutral): (Amended bill) The Department of Labor and Industries sees a need for public policy to be set on pesticide recordkeeping requirements. The department could administer the bill as amended.
House Committee - Testimony Against: (Amended bill) The amended bill will flood the Department of Agriculture with records that would not be usable simply because of the sheer volume of data. The original bill attempted to resolve an agency problem with implementing the recordkeeping requirements. The two departments proposed a very complicated recordkeeping form that is not necessary when many companies already have very efficient recordkeeping systems. This issue must be addressed to implement the needed pesticide recordkeeping.