S-3562               _______________________________________________

                                                   SENATE BILL NO. 6339

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Murray and Kreidler

Read first time 1/11/90 and referred to Committee on  Agriculture.

AN ACT Relating to pesticide warnings for residential property; and adding a new section to chapter 17.21 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 17.21 RCW to read as follows:

          (1)  If a pesticide is applied to residential property by a commercial pesticide applicator, the pesticide-treated area shall be posted with warning signs in accordance with the requirements of this section.

          (2)  When pesticide warning signs are required under this section, the commercial pesticide applicator shall post signs visible from all usual points of entry to the pesticide-treated area.  If there are no usual points of entry or the area is adjacent to an unfenced public right of way, signs shall be posted (a) at each corner of the pesticide-treated area, and (b) at intervals not exceeding one hundred feet, or (c) at other locations approved by the department that provide maximum visibility.

          (3) The signs shall be posted no sooner than twenty-four hours before the scheduled application of the pesticide, remain posted during application and for at least the following forty-eight hours.

          (4) Signs shall be legible for the duration of use.  Signs shall contain a prominent symbol approved by the department by rule, and wording shall be in English and Spanish or other languages as required by the department.  Signs shall meet the minimum specifications adopted by rule by the department, which shall include, at a minimum, the following requirements:

          (a) Signs must be at least eight and one-half inches by five and one-half inches in size;

          (b) Signs must include an information box covering at least fifty percent of the area of the sign containing:  (i) The name of the pesticide and any warnings, safety measures, and other information required by state or federal law or rule to be placed on the packaging or labeling of the pesticide; or (ii) information identifying the manufacturer of the pesticide and the applicator, and an address and telephone number where such information can be obtained, if the department determines that such information is too lengthy to be contained in the information box in easily readable print size and the department approves the alternate sign; and

          (c) Signs must indicate the scheduled date of application.

          (5) For the purposes of this section, "residential property" includes any property zoned as residential by the city, town, or county, and any property within one hundred feet of property zoned as residential by the city, town, or county.