H-2103              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1880

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, P. King, Nealey and Doty)

Read first time 3/1/89.

AN ACT Relating to pesticides regulated by the department of agriculture; and amending RCW 17.21.100.

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

        Sec. 1.  Section 10, chapter 249, Laws of 1961 as last amended by section 28, chapter 45, Laws of 1987 and RCW 17.21.100 are each amended to read as follows:

(1) 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, shall keep records on a form prescribed by the director which shall include the following:

          (((1) The name of the person for whom the pesticide was applied.

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

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

          (((4) The trade name and/or the common name)) (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.

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

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

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

          (((6))) (i) Any other reasonable information required by the director.

          (((7))) (2) Such records shall be kept for a period of three 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.

(3) The pesticide records shall be readily available to:  The department; and to treating medical personnel initiating diagnostic testing or therapy for a patient with a suspected case of pesticide poisoning.

(4) If the treating medical personnel referred to in subsection (3) of this section desires a copy of a form from an applicator referred to in subsection (1) of this section and the applicator refuses to provide a copy, the personnel shall notify the department of the request and the applicator's refusal.  Within two working days, the department shall request that the applicator provide the department with all pertinent copies.  The applicator shall provide copies of the form to the department within twenty-four hours after the department's request.