H-3886              _______________________________________________

                                                   HOUSE BILL NO. 2765

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Kirby, McLean, Ballard, Grant, Youngsman, Rayburn, Baugher, Smith and Bowman

Read first time 1/19/90 and referred to Committee on Agriculture & Rural Development.

AN ACT Relating to private applicators of pesticides; and amending RCW 17.21.126 and 17.21.128.

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

        Sec. 1.  Section 8, chapter 92, Laws of 1979 as amended by section 42, chapter 380, Laws of 1989 and RCW 17.21.126 are each amended to read as follows:

          It shall be unlawful for any person to act as a private applicator without first complying with the certification requirements determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.  Certification standards to determine the individual's competency with respect to the use and handling of the pesticide or class of pesticides the private applicator is to be certified to use shall be relative to hazards according to RCW 17.21.030 as now or hereafter amended.  In determining these standards the director shall take into consideration standards of the EPA and is authorized to adopt by rule these standards.  Application for private applicator certification shall be accompanied by a license fee of fifteen dollars before a certification may be issued.  Private applicator certification issued by the director shall expire on December 31st of the fifth year following issuance:  PROVIDED, That private applicator certifications valid on July 1, 1989, shall expire on December 31, 1989.  If the director does not qualify a private applicator under this section, the director shall inform the applicant in writing.

        Sec. 2.  Section 9, chapter 92, Laws of 1979 as amended by section 9, chapter 203, Laws of 1986 and RCW 17.21.128 are each amended to read as follows:

          The director may renew any certification or license issued under authority of this chapter under the classification for which such applicant is licensed or certificated subject to recertification standards as determined by the director or examination regarding new knowledge that may be required to apply pesticides.  Such recertification standards for private applicator certification shall not require more than five hours of instruction.