AN ACT Relating to pesticides; amending RCW 15.58.020, 15.58.030, 15.58.110, 15.58.040, 15.58.060, 15.58.100, 15.58.335, 15.58.405, 43.21C.110, 17.21.010, and 17.21.020; adding new sections to chapter 15.58 RCW; adding new sections to chapter 17.21 RCW; adding a new section to Title 51 RCW; adding a new section to chapter 69.04 RCW; adding new sections to chapter 43.21A RCW; creating a new section; repealing RCW 15.58.120; and making appropriations.

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

NEW SECTION. Sec. 1. The purpose of this act is to declare as a matter of public and environmental health that the state shall: (1) Promote natural methods for controlling pests and vegetation; (2) encourage increased public and private research into nonchemical methods of pest and vegetation control; and (3) assist in reducing the public's exposure to toxic and environmentally hazardous pesticides and chemical fertilizers.

NEW SECTION. Sec. 2. Washington State University shall establish a program for sustainable agriculture. Sustainable agriculture is a systems approach to farming that nurtures and utilizes biological and ecological interactions, nutrient cycles, and management systems. Sustainable agriculture helps farmers to reduce their dependence on off-farm resources, particularly pesticides, and to minimize their impact on the environment.

The program for sustainable agriculture shall attempt to identify, research, and promote a fuller understanding of the following topics:

(1) Cost-benefit analyses that help farmers calculate on-farm and off-farm costs and the benefits and tradeoffs, including environmental, inherent in different farming systems and technologies;

(2) Crop rotations that mitigate weed, disease, and insect problems, reduce the need for synthetic fertilizers and, in conjunction with other practices, reduce soil erosion;

(3) Integrated pest management, that reduces the need for pesticides by crop rotations, scouting, weather monitoring, use of resistant plants, timing of planting, and biological pest controls;

(4) Management systems that improve plant health and crops' abilities to resist pests and disease;

(5) Soil-conserving tillage;

(6) Animal production systems that emphasize preventative disease management, reduce reliance on high-density confinement and costs associated with disease, and that reduce the need for antibiotics;

(7) Genetic improvement of crops to resist pests and diseases and to use nutrients more effectively.

The university shall work in consultation with state agencies, environmental, labor, and agricultural organizations, and business in evaluating the program's progress and in identifying additional priorities for sustainable agriculture.

Sec. 3. Section 2, chapter 190, Laws of 1971 ex. sess. and RCW 15.58.020 are each amended to read as follows:

((The formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of any pesticide, is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be a business affected with the public interest.)) The protection of public health and the environment is the paramount responsibility in the regulation of pesticides. It is in the state's economic, social, and environmental best interest to pursue a strategy that eliminates the use of the most toxic pesticides and reduces the use of other pesticides. The formulation, distribution, storage, transportation, and disposal of any pesticide and the dissemination of accurate scientific information as to the proper use, or nonuse, of any pesticide and the use of nontoxic alternatives is important and vital to the maintenance of a high level of public health and welfare and is hereby declared a business affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.

Sec. 4. Section 3, chapter 190, Laws of 1971 ex. sess. as last amended by section 1, chapter 380, Laws of 1989 and RCW 15.58.030 are each amended to read as follows:

As used in this chapter the words and phrases defined in this section shall have the meanings indicated unless the context clearly requires otherwise.

(1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests, or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant.

(2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.

(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) "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.

(5) "Department" means the Washington state department of agriculture.

(6) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

(7) "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.

(8) "Director" means the director of the department or a duly authorized representative.

(9) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state.

(10) "EPA" means the United States environmental protection agency.

(11) "EPA restricted use pesticide" means any pesticide with restricted uses as classified for restricted use by the administrator, EPA.

(12) "FIFRA" means the federal insecticide, fungicide, and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).

(13) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living persons or other animals.

(14) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

(15) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(16) "Inert ingredient" means an ingredient which is not an active ingredient.

(17) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide, and when the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant the ingredient statement need contain only the names of the principal functioning agents and the total percentage of the constituents ineffective as spray adjuvants. If more than three functioning agents are present, only the three principal ones need by named.

(18) "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, 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.

(19) "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.

(20) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate container, and the outside container or wrapper of the retail package.

(21) "Labeling" means all labels and other written, printed, or graphic matter:

(a) Upon the pesticide, device, or any of its containers or wrappers;

(b) Accompanying the pesticide, or referring to it in any other media used to disseminate information to the public; and

(c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device except when accurate nonmisleading reference is made to current official publications of the department, United States departments of agriculture; interior; education; health and human services; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(22) "Land" means all land and water areas, including airspace and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(23) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses, endorsed for individual state-issued licenses, are issued and renewed using a master application and a master license expiration date common to each renewable license endorsement.

(24) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(25) "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.

(26) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(27) "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.

(28) "Pest control consultant" means any individual who sells or offers for sale at other than a licensed pesticide dealer outlet or location, or who offers or supplies technical advice, supervision, or aid, or makes recommendations to the user of:

(a) Highly toxic pesticides, as determined under RCW 15.58.040;

(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

(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

(30) "Pesticide advisory board" means the pesticide advisory board as provided for in the Washington pesticide application act.

(31) "Pesticide dealer" means any person who distributes any of the following pesticides:

(a) Highly toxic pesticides, as determined under RCW 15.58.040;

(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed pesticide dealers only; or

(32) "Pesticide dealer manager" means the owner or other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.

(33) "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) "Registrant" means the person registering any pesticide under the provisions of this chapter.

(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.

(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.

(37) "Spray adjuvant" means any 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 to the effect of the pesticide, and which is in a package or container separate from that of the pesticide with which it is to be used.

(38) "Special local needs registration" means a registration issued by the director pursuant to provisions of section 24(c) of FIFRA.

(39) "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~~)).

(40) "Weed" means any plant which grows where not wanted.

NEW SECTION. Sec. 5. The director shall not register any pesticide known to cause cancer or reproductive harm, as determined by the EPA, or that is considered to be highly toxic. The director shall cancel, on or before January 1, 1995, the registration of any pesticide known to cause cancer or reproductive harm as determined by the EPA, or that is considered a highly toxic pesticide as defined by this chapter. Should any registered pesticide be determined by the EPA to cause cancer or reproductive harm or to be highly toxic, the director shall cancel its registration on or before five years of the date of the determination.

Sec. 6. Section 11, chapter 190, Laws of 1971 ex. sess. as amended by section 8, chapter 380, Laws of 1989 and RCW 15.58.110 are each amended to read as follows:

(1) If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter or rules adopted under this chapter, the registrant shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this chapter so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the corrections the director shall refuse to register the pesticide. The applicant may request a hearing as provided for in chapter 34.05 RCW.

(2) ((The director may, when the director determines that a pesticide or its labeling does not comply with the provisions of this chapter or the rules adopted under this chapter, cancel the registration of a pesticide after a hearing in accordance with the provisions of chapter 34.05 RCW)) The director shall cancel the registration of a pesticide if the pesticide or its labeling does not comply with the provisions of this chapter or the rules adopted thereunder, or if the pesticide has been determined to pose a hazard to public health, waters of the state, or wildlife. The director shall initiate the process to cancel a pesticide by written request from the department of ecology, fisheries, health, labor and industries, or wildlife.

NEW SECTION. Sec. 7. The director shall suspend the registration of a pesticide if the director believes the pesticide may be a hazard to public health, waters of the state, or wildlife. The director shall consider suspending the registration of a pesticide by written request from the department of ecology, fisheries, health, labor and industries, or wildlife.

NEW SECTION. Sec. 8. The director, with the written approval of the secretary of the department of health, may extend the registration of a pesticide subject to section ___ of this act, for one three-year period only if the registrant demonstrates that:

(1) The pesticide is vital for the production of the crop in question;

(2) An alternative pest control or management practice would not be an effective substitute;

(3) The quantity of the pesticide used in this state has been reduced by at least fifty percent since the effective date of this act.

NEW SECTION. Sec. 9. Notwithstanding other provisions of this chapter, a pesticide may be used in an eradication effort undertaken during a state of emergency if (1) the director of the department of agriculture and the secretary of the department of health determine there is no other alternative means of eradication, (2) the director of ecology concurs in the necessity and safety of the use of the pesticide, and (3) the use complies with current state and federal pesticide regulations.

NEW SECTION. Sec. 10. Notwithstanding other provisions of this chapter, a pesticide may be used in an aerial eradication effort undertaken during a state of emergency if (1) the director determines there is no other alternative means of eradication, and (2) the use complies with current state and federal pesticide regulations.

Sec. 11. Section 4, chapter 190, Laws of 1971 ex. sess. as amended by section 2, chapter 380, Laws of 1989 and RCW 15.58.040 are each amended to read as follows:

(1) The director shall administer and enforce the provisions of this chapter and rules adopted under this chapter. All the authority and requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to this chapter in the adoption of rules including those requiring due notice and a hearing for the adoption of permanent rules.

(2) The director is authorized to adopt appropriate rules for carrying out the purpose and provisions of this chapter, including but not limited to rules providing for:

(a) Declaring as a pest any form of plant or animal life or virus which is injurious to plants, people, animals (domestic or otherwise), land, articles, or substances;

(b) Determining that certain pesticides are highly toxic to people. For the purpose of this chapter, highly toxic pesticide means any pesticide that conforms to the criteria in 40 C.F.R. Sec. ((~~162.10~~)) 156.10 for toxicity category I due to oral, inhalation, or dermal toxicity. The director shall publish a list annually of all pesticides, determined to be highly toxic or determined by the EPA to cause cancer or reproductive harm, by their common or generic name and their trade or brand name if practical. Such list shall be kept current and shall((~~, upon request,~~)) be made available to ((~~any interested party~~)) the public;

(d) The collection and examination of samples of pesticides or devices;

(e) The safe handling, mixing, transportation, storage, display, distribution, and disposal of pesticides and their containers;

(f) Restricting or prohibiting the use of certain types of containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size to alleviate danger of spillage, breakage, misuse, storage, or any other hazard to the public. In the case of home and garden use products, the director may limit the size of containers and packages if the director believes the size contributes to waste and disposal problems. The director shall be guided by federal regulations concerning pesticide containers;

(g) Procedures in making of pesticide recommendations;

(h) Adopting a list of restricted use pesticides for the state or for designated areas within the state if the director, or the secretary of the department of health, and the director of ecology determine((s)) that such pesticides may require rules restricting or prohibiting their distribution or use. The directors and the secretary may include in the rule the time and conditions of distribution or use of such restricted use pesticides and may, if it is found necessary to carry out the purpose and provisions of this chapter, require that any or all restricted use pesticides shall be purchased, possessed, or used only under permit of the director and under the director's direct supervision in certain areas and/or under certain conditions or in certain quantities or concentrations. The director ((~~may~~)) shall require all persons issued such permits to maintain records as to the use of all the restricted use pesticides for a period of time not less than ten years;

(i) Label requirements of all pesticides required to be registered under provisions of this chapter; and

(j) Regulating the labeling of devices.

(3) For the purpose of uniformity and to avoid confusion endangering the public health and welfare the director may adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United States environmental protection agency or any other federal agency.

Sec. 12. Section 6, chapter 190, Laws of 1971 ex. sess. as amended by section 4, chapter 380, Laws of 1989 and RCW 15.58.060 are each amended to read as follows:

(1) The applicant for registration shall file a statement with the department which shall include:

(a) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;

(b) The name of the pesticide;

(c) The complete formula of the pesticide, including the active and inert ingredients((~~: PROVIDED, That confidential business information of a proprietary nature is not made available to any other person and is exempt from disclosure as a public record, as provided by RCW 42.17.260~~));

(d) Other necessary information required for completion of the department's application for registration form; and

(e) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions and precautions for use.

(2) The director may require a full description of the tests made and the results thereof upon which the claims are based.

(3) The director may prescribe other necessary information by rule.

Sec. 13. Section 10, chapter 190, Laws of 1971 ex. sess. as amended by section 2, chapter 146, Laws of 1979 and RCW 15.58.100 are each amended to read as follows:

(1) The director shall require the information required under RCW 15.58.060 and shall register the label or labeling for such pesticide if ((he)) the director determines that:

(a) Its composition is such as to warrant the proposed claims for it;

(b) Its labeling and other material required to be submitted comply with the requirements of this chapter;

(d) When used in accordance with widespread and commonly recognized practice it will not ((~~generally~~)) cause unreasonable adverse effects on the environment;

(e) In the case of any pesticide subject to section 24(c) of FIFRA, it meets (1) (a), (b), (c), and (d) of this section and the following criteria:

(i) The proposed classification for general use, for restricted use, or for both is in conformity with section 3(d) of FIFRA;

(ii) A special local need exists; and

(iii) Effective alternative control methods including management systems and biological controls are not available.

(2) The director shall not make any lack of essentiality a criterion for denying registration of any pesticide.

Sec. 14. Section 1, chapter 158, Laws of 1985 as amended by section 27, chapter 380, Laws of 1989 and RCW 15.58.335 are each amended to read as follows:

Every person who fails to comply with this chapter or the rules adopted under it ((~~may~~)) shall be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty herein provided.

Sec. 15. Section 5, chapter 146, Laws of 1979 and RCW 15.58.405 are each amended to read as follows:

For the purpose of exercising the authority granted to the state under the provisions of FIFRA, the director may with written approval by the secretary of the department of health:

(1) Meet emergency conditions in this state by applying for an exemption from any provision of FIFRA as provided for by section 18 of that act. If such exemption is granted by the administrator of EPA the director may carry out and enforce the requirements and conditions of the exemption;

(2) Comply with the requirements necessary to issue special local needs registration under section 24(c) of FIFRA; and

(3) Comply with the requirements necessary to issue experimental use permits under section 5(f) of FIFRA.

NEW SECTION. Sec. 16. A new section is added to chapter 69.04 RCW to read as follows:

The director shall continue to test food entering the state for pesticides commonly used in its production even if that pesticide's registration has been canceled or denied in Washington.

Sec. 17. Section 6, chapter 179, Laws of 1974 ex. sess. as amended by section 7, chapter 117, Laws of 1983 and RCW 43.21C.110 are each amended to read as follows:

It shall be the duty and function of the department of ecology, which may utilize proposed rules developed by the environmental policy commission:

(1) To adopt and amend thereafter rules of interpretation and implementation of this chapter (the state environmental policy act of 1971), subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the department shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter as amended and with the preservation of protections afforded by this chapter. The rule making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter (the state environmental policy act of 1971):

(a) Categories of governmental actions which are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly affecting the quality of the environment. Any use of pesticides or fertilizers to maintain a utility right of way or easement or transportation right of way may not be included as a categorical exemption. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review.

(b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.

(c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements.

(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.

(e) Rules and procedures for public notification of actions taken and documents prepared.

(f) Definition of terms relevant to the implementation of this chapter including the establishment of a list of elements of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population).

(g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment.

(h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c).

(i) To prepare rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter.

(j) Rules for utilization of a detailed statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws.

(k) Rules relating to actions which shall be exempt from the provisions of this chapter in situations of emergency.

(l) Rules relating to the use of environmental documents in planning and decision making and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter.

(2) In exercising its powers, functions, and duties under this section, the department may:

(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and other groups, as it deems advisable; and

(b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.

(3) Rules adopted pursuant to this section shall be subject to the review procedures of RCW ((~~34.05.538 and~~)) 34.05.240.

NEW SECTION. Sec. 18. A new section is added to Title 51 RCW to read as follows:

The director of labor and industries shall develop a worker protection program to prevent or reduce pesticide exposure to the lowest achievable levels to assure that exposed employees and their families will not suffer impairment of health or functional capacity assuming lifetime occupational exposure at such levels.

NEW SECTION. Sec. 19. A new section is added to chapter 43.21A RCW to read as follows:

The department of ecology shall adopt rules that incorporate integrated past management practices for the use of pesticides and fertilizers to maintain utility rights of way or easements or transportation rights of way, and may adopt rules concerning other practices in utility and transportation corridors.

NEW SECTION. Sec. 20. A new section is added to chapter 43.21A RCW to read as follows:

(1) The department of ecology, in consultation with the departments of health and agriculture, shall develop rules for an integrated pest management program. The program shall include model programs for pest and vegetation control and shall work with state and local governments in helping them meet the objectives of section 21 of this act.

(2) For the purposes of this section, "integrated pest management" means the selection, integration, and implementation of pest control that consists of:

(a) Prevention of pest problems;

(b) Monitoring and evaluation of pests, damage, and results of treatment;

(c) The acknowledgement of population levels of pests that can be tolerated based on economic, health, or aesthetic thresholds;

(d) Use of natural control agents in an ecosystem;

(e) Reliance to the maximum extent possible on nonhazardous biological and cultural treatment of pests; and

(f) Application of pesticides in a manner that minimizes damage to the ecosystem's natural controls and integrity and is used only after all other natural methods have been evaluated.

"Pest" and "pesticide" has the meaning given these terms in chapter 15.58 RCW.

NEW SECTION. Sec. 21. State or local governments that use pesticides or chemical fertilizers may develop an "integrated pest management program," as defined in section 20 of this act, that shall establish a process which makes the use of chemical pesticides and chemical fertilizers the choice of last resort.

Sec. 22. Section 1, chapter 249, Laws of 1961 as amended by section 1, chapter 177, Laws of 1967 and RCW 17.21.010 are each amended to read as follows:

The protection of public health and the environment is the paramount responsibility in the regulation of pesticides. It is in the state's economic, social, and environmental best interest to pursue a strategy that eliminates the use of the most toxic pesticides and reduces the use of other pesticides. The application and the control of the use and nonuse of various pesticides is important and vital to the maintenance of a high level of public health and welfare both immediate and future, and is hereby declared to be affected with the public interest. The provisions of this chapter are enacted in the exercise of the police power of the state for the purpose of protecting the immediate and future health and welfare of the people of the state.

Sec. 23. Section 2, chapter 249, Laws of 1961 as last amended by section 33, chapter 380, Laws of 1989 and RCW 17.21.020 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.

(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) "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) "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) "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) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(24) "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) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.

(26) "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) "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) "Pesticide advisory board" means the pesticide advisory board as provided for in this chapter.

(29) "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) "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) "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) "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) "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) "Snails or slugs" include all harmful mollusks.

(35) "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) "Weed" means any plant which grows where not wanted.

NEW SECTION. Sec. 24. A new section is added to chapter 17.21 RCW to read as follows:

Aerial application of any herbicide in the following areas is prohibited:

(1) The southern Benton county area bounded on the west by the Benton-Yakima county line, on the south and east by the Columbia river and on the north by the Yakima river;

(2) Area 2 as it is defined in WAC 16-230-840 as of January 1, 1990;

(3) The Franklin and Walla Walla county portions of Area 4 as it is defined in WAC 16-230-850 as of January 1, 1990; and

(4) The Franklin and Walla Walla county portions of Area 6 as it is defined in WAC 16-232-560 as of July 31, 1989.

NEW SECTION. Sec. 25. A new section is added to chapter 17.21 RCW to read as follows:

Aerial application of any insecticide that conforms to the criteria in 40 C.F.R. Sec. 156.10 for toxicity category 1 or toxicity category 2 due to oral, inhalation, or dermal toxicity is prohibited in the area between the summit of the Horse Heaven Hills and the Kennewick Irrigation District Canal.

NEW SECTION. Sec. 26. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated to the department of ecology, from the general fund, for the biennium ending June 30, 1991, solely for matching grants to local governments and nonprofit organizations for the purpose of developing public education and information programs on alternatives to home and garden use pesticides.

NEW SECTION. Sec. 27. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the .......... fund to Washington State University for the purposes of section 2 of this act.

NEW SECTION. Sec. 28. Sections 2, 5, 7 through 10, and 21 of this act are each added to chapter 15.58 RCW.

NEW SECTION. Sec. 29. Section 12, chapter 190, Laws of 1971 ex. sess., section 9, chapter 380, Laws of 1989 and RCW 15.58.120 are each repealed.