AN
ACT Relating to pesticide registration and licensing; amending RCW 15.58.040,
15.58.070, 15.58.170, 15.58.180, 15.58.200, 15.58.210, 15.58.220, 15.58.411,
15.58.420, 17.21.070, 17.21.110, 17.21.122, 17.21.126, 17.21.129, 17.21.132,
17.21.220, 17.21.280, and 17.21.350; adding a new section to chapter 15.58 RCW;
adding a new section to chapter 17.21 RCW; repealing RCW 15.58.245, 17.21.910,
15.58.415, and 17.21.360; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
15.58.040 and 1996 c 188 s 4 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 of all pesticides, determined to be highly toxic, 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;
(c)
Determining standards for denaturing pesticides by color, taste, odor, or form;
(d)
The collection and examination of samples of pesticides or devices;
(e)
The safe handling, 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, or any
other hazard to the public. 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 determines that such pesticides may
require rules restricting or prohibiting their distribution or use. The
director 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 require all persons issued such permits to
maintain records as to the use of all the restricted use pesticides;
(i)
Label requirements of all pesticides required to be registered under provisions
of this chapter;
(j)
Regulating the labeling of devices;
(k)
The establishment of criteria governing the conduct of a structural pest
control inspection; and
(l)
Declaring crops, when grown to produce seed specifically for crop reproduction
purposes, to be nonfood and/or nonfeed sites of pesticide application. The
director may include in the rule any restrictions or conditions regarding: (i)
The application of pesticides to the designated crops; and (ii) the disposition
of any portion of the treated crop.
(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.
2. RCW
15.58.070 and 1995 c 374 s 66 are each amended to read as follows:
(1)
((Except as provided in subsection (4) of this section,)) Any
person desiring to register a pesticide with the department shall pay to the
director an annual registration fee for each pesticide registered by the
department for such person. The registration fee ((for the registration of
pesticides for any one person during a calendar year)) shall be((:))
one hundred ((five)) forty-five dollars for each ((of
the first twenty-five)) pesticide((s)) registered((; one hundred
dollars for each of the twenty-sixth through one-hundredth pesticides
registered; seventy-five dollars for each of the one hundred first through one
hundred fiftieth pesticides registered; and fifty dollars for each additional
pesticide registered. In addition, the department may establish by rule a
registration fee not to exceed ten dollars for each registered product labeled
and intended for home and garden use only)).
(2)
The revenue generated by the ((pesticide)) registration fees shall be
deposited in the agricultural local fund to support the activities of the
pesticide program within the department. ((The revenue generated by the
home and garden use only fees shall be deposited in the agricultureClocal fund, to be used to assist in funding
activities of the pesticide incident reporting and tracking review panel.))
(3)
All pesticide registrations expire on December 31st of each year. A registrant
may elect to register a pesticide for a two-year period by prepaying for a
second year at the time of registration.
(4)
((A person desiring to register a label where a special local need exists
shall pay to the director a nonrefundable application fee of two hundred
dollars upon submission of the registration request. In addition, a person
desiring to renew an approved special local need registration shall pay to the
director an annual registration fee of two hundred dollars for each special
local needs label registered by the department for such person. The revenue
generated by the special local needs application fees and the special local
needs renewal fees shall be deposited in the agricultural local fund to be used
to assist in funding the department's special local needs registration
activities. All special local needs registrations expire on December 31st of
each year.
(5))) Any
registration approved by the director and in effect on the 31st day of December
for which a renewal application has been made and the proper fee paid,
continues in full force and effect until the director notifies the applicant
that the registration has been renewed, or otherwise denied in accord with the
provision of RCW 15.58.110.
Sec.
3. RCW
15.58.170 and 1989 c 380 s 13 are each amended to read as follows:
(1)
After service of a "stop sale, use or removal" order is made upon any
person, either that person or the director may file an action in a court of
competent jurisdiction in the county in which a violation of this chapter or
rules adopted under this chapter is alleged to have occurred for an
adjudication of the alleged violation. The court in such action may issue
temporary or permanent injunctions mandatory or restraining, and such intermediate
orders as it deems necessary or advisable. The court may order condemnation of
any pesticide or device which does not meet the requirements of this chapter or
rules adopted under this chapter: PROVIDED, That no authority is granted
hereunder to affect the sale or use of products on which legally approved
pesticides have been legally used.
(2)
If the pesticide or device is condemned, it shall, after entry of decree, be
disposed of by destruction or sale as the court directs, and the proceeds, if such
pesticide or device is sold, less cost including legal costs, shall be paid to
the state treasury ((as provided in RCW 15.58.410)): PROVIDED, That the
pesticide or device shall not be sold contrary to the provisions of this
chapter or rules adopted under this chapter. Upon payment of costs and
execution and delivery of a good and sufficient bond conditioned that the
pesticide or device shall not be disposed of unlawfully, the court may direct
that the pesticide or device be delivered to the owner thereof for relabeling
or reprocessing as the case may be.
(3)
When a decree of condemnation is entered against the pesticide, court costs,
fees, and storage and other proper expenses shall be awarded against the
person, if any, appearing as claimant of the pesticide.
Sec.
4. RCW
15.58.180 and 1989 c 380 s 14 are each amended to read as follows:
(1)
Except as provided in subsections (4) and (5) of this section, it is unlawful
for any person to act in the capacity of a pesticide dealer or advertise as or
assume to act as a pesticide dealer without first having obtained an annual
license from the director. The license shall expire on the master license
expiration date. A license is required for each location or outlet located within
this state from which pesticides are distributed. A manufacturer, registrant,
or distributor who has no pesticide dealer outlet licensed within this state
and who distributes such pesticides directly into this state shall obtain a
pesticide dealer license for his or her principal out-of-state location or
outlet, but such licensed out-of-state pesticide dealer is exempt from the
pesticide dealer manager requirements.
(2)
Application for a license shall be accompanied by a ((thirty-dollar annual
license)) fee of fifty dollars and shall be made through the master
license system and shall include the full name of the person applying for the
license and the name of the individual within the state designated as the
pesticide dealer manager. If the applicant is a partnership, association,
corporation, or organized group of persons, the full name of each member of the
firm or partnership or the names of the officers of the association or
corporation shall be given on the application. The application shall further
state the principal business address of the applicant in the state and
elsewhere, the name of a person domiciled in this state authorized to receive
and accept service of summons of legal notices of all kinds for the applicant,
and any other necessary information prescribed by the director.
(3)
It is unlawful for any licensed dealer outlet to operate without a pesticide
dealer manager who has a license of qualification. The department shall be
notified forthwith of any change in the pesticide dealer manager designee
during the licensing period.
(4)
This section does not apply to (a) a licensed pesticide applicator who sells
pesticides only as an integral part of the applicator's pesticide application
service when such pesticides are dispensed only through apparatuses used for
such pesticide application, or (b) any federal, state, county, or municipal
agency that provides pesticides only for its own programs.
(5) A user of a pesticide may distribute a properly labeled
pesticide to another user who is legally entitled to use that pesticide without
obtaining a pesticide dealer's license if the exclusive purpose of distributing
the pesticide is keeping it from becoming a hazardous waste as defined in
chapter 70.105 RCW.
Sec.
5. RCW
15.58.200 and 1992 c 170 s 2 are each amended to read as follows:
The director shall require each pesticide dealer manager to
demonstrate to the director knowledge of pesticide laws and rules; pesticide
hazards; and the safe distribution, use and application, and disposal of
pesticides by satisfactorily passing a written examination after which the
director shall issue a license of qualification. Application for a license
shall be accompanied by a ((license)) fee of ((fifteen)) twenty-five
dollars. The pesticide dealer manager license shall be an annual license
expiring on a date set by rule by the director. ((License fees shall be
prorated where necessary to accommodate staggering of expiration dates of a
license or licenses.))
Sec.
6. RCW
15.58.210 and 1992 c 170 s 3 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, no individual may perform
services as a pest control consultant without obtaining a license from
the director ((an annual license, which)). The license shall
expire annually on a date set by rule by the director. ((License fees shall
be prorated where necessary to accommodate staggering of expiration dates of a
license or licenses.)) Except as provided in subsection (3) of this
section, no individual may act as a structural pest control inspector without
first obtaining from the director a pest control consultant license in the
special category of structural pest control inspector. Application for a
license shall be on a form prescribed by the director and shall be accompanied
by a fee of ((thirty)) forty-five dollars.
(2)
The following are exempt from the licensing requirements of subsection (1) of
this section when acting within the authorities of their existing licenses
issued under chapter 17.21 RCW: Licensed commercial pesticide applicators and
operators; licensed private‑commercial applicators; and licensed
demonstration and research applicators. The following are also exempt from the
licensing requirements of subsection (1) of this section: Employees of federal,
state, county, or municipal agencies when acting in their official governmental
capacities; and pesticide dealer managers and employees working under the
direct supervision of the pesticide dealer manager and only at a licensed
pesticide dealer's outlet.
(3) The following are exempt from the structural pest control
inspector licensing requirement: Individuals inspecting for damage caused by
wood destroying organisms if such inspections are solely for the purpose of:
(a) Repairing or making specific recommendations for the repair of such damage,
or (b) assessing a monetary value for the structure inspected. Individuals
performing wood destroying organism inspections that incorporate but are not
limited to the activities described in (a) or (b) of this subsection are not
exempt from the structural pest control inspector licensing requirement.
Sec.
7. RCW
15.58.220 and 1991 c 109 s 40 are each amended to read as follows:
For
the purpose of this section public pest control consultant means any individual
who is employed by a governmental agency or unit to act as a pest control
consultant as defined in RCW 15.58.030(28). No person shall act as a public
pest control consultant ((on or after February 28, 1973)) without first
obtaining ((an annual)) a license from the director. The license
shall expire annually on a date set by rule by the director. ((License fees
shall be prorated where necessary to accommodate staggering of expiration dates
of a license or licenses.)) Application for a license shall be on a form
prescribed by the director and shall be accompanied by ((an annual license))
a fee of ((fifteen)) twenty-five dollars. Federal and
state employees whose principal responsibilities are in pesticide research, the
jurisdictional health officer or a duly authorized representative, public pest
control consultants licensed and working in the health vector field, and public
operators licensed under RCW 17.21.220 shall be exempt from this licensing
provision.
Sec.
8. RCW
15.58.411 and 1995 c 374 s 67 are each amended to read as follows:
All license fees collected under this chapter shall be paid to the
director for use exclusively in the enforcement of this chapter. All moneys
collected for civil penalties levied under this chapter shall be deposited in
the state general fund.
Sec.
9. RCW
15.58.420 and 1989 c 380 s 30 are each amended to read as follows:
By
((December 1, 1989, and each subsequent December 1,)) February 1st of
each year the department shall report to the appropriate committees of the
house of representatives and the senate on the activities of the department
under this chapter. The report shall include, at a minimum, a review of the
department's enforcement activities, with the number of cases investigated and
the number and amount of civil penalties assessed.
NEW
SECTION. Sec. 10. A
new section is added to chapter 15.58 RCW to read as follows:
(1)
The director may renew any license issued under this chapter subject to the
recertification standards identified in subsection (2) of this section or an
examination requiring new knowledge that may be required to apply pesticides.
(2)
Except as provided in subsection (3) of this section, all individuals licensed
under this chapter shall meet the recertification standards identified in (a)
or (b) of this subsection, every five years, in order to qualify for continuing
licensure.
(a)
Licensed pesticide applicators may qualify for continued licensure through
accumulation of recertification credits. Individuals licensed under this
chapter shall accumulate a minimum of forty department-approved credits every
five years with no more than fifteen credits allowed per year.
(b)
Licensed pesticide applicators may qualify for continued licensure through
meeting the examination requirements necessary to become licensed in those
areas in which the licensee operates.
(3)
At the termination of a licensee's five-year recertification period, the
director may waive the recertification requirements if the licensee can
demonstrate that he or she is meeting comparable recertification standards
through another state or jurisdiction or through a federal environmental
protection agency-approved government agency plan.
Sec.
11. RCW
17.21.070 and 1994 c 283 s 6 are each amended to read as follows:
It shall be unlawful for any person to engage in the business of
applying pesticides to the land of another without a commercial pesticide
applicator license. Application for ((the)) a commercial applicator
license shall be accompanied by a fee of one hundred ((thirty-six)) seventy
dollars and in addition a fee of ((eleven)) twenty dollars for
each apparatus, exclusive of one, used by the applicant in the application of
pesticides: PROVIDED, That the provisions of this section shall not apply to
any person employed only to operate any apparatus used for the application of
any pesticide, and in which such person has no financial interest or other
control over such apparatus other than its day to day mechanical operation for
the purpose of applying any pesticide.
Sec.
12. RCW
17.21.110 and 1994 c 283 s 10 are each amended to read as follows:
It shall be unlawful for any person to act as an employee of a
commercial pesticide applicator and apply pesticides manually or as the
operator directly in charge of any apparatus which is licensed or should be
licensed under the provisions of this chapter for the application of any
pesticide, without having obtained a commercial pesticide operator license from
the director. The commercial pesticide operator license shall be in addition
to any other license or permit required by law for the operation or use of any
such apparatus. Application for a commercial operator license shall be
accompanied by a ((license)) fee of ((thirty-three)) fifty
dollars. The provisions of this section shall not apply to any individual who
is a licensed commercial pesticide applicator.
Sec.
13. RCW
17.21.122 and 1994 c 283 s 11 are each amended to read as follows:
It shall be unlawful for any person to act as a private-commercial
pesticide applicator without having obtained a private-commercial pesticide
applicator license from the director. Application for a private-commercial
pesticide applicator license shall be accompanied by a ((license)) fee
of ((seventeen)) twenty-five dollars ((before a license may be
issued)).
Sec.
14. RCW
17.21.126 and 1994 c 283 s 12 are each amended to read as follows:
It
shall be unlawful for any person to act as a private pesticide 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 pesticide applicator or other
persons, for each specific pesticide use.
(1)
Certification standards to determine the individual's competency with respect
to the use and handling of the pesticide or class of pesticides for which the
private pesticide applicator is certified shall be relative to hazards of the
particular type of application, class of pesticides, or handling procedure. In
determining these standards the director shall take into consideration
standards of the EPA and is authorized to adopt these standards by rule.
(2)
Application for a private pesticide applicator ((certification)) license
shall be accompanied by a ((license)) fee of ((seventeen)) twenty-five
dollars. Individuals with a valid certified applicator license, pest control
consultant license, or dealer manager license who qualify in the appropriate
state-wide or agricultural license categories are exempt from the private
applicator fee requirement. However, licensed public pesticide operators,
otherwise exempted from the public pesticide operator license fee requirement,
are not also exempted from the private pesticide applicator fee requirement.
Sec.
15. RCW
17.21.129 and 1994 c 283 s 14 are each amended to read as follows:
Except
as provided in RCW 17.21.203, it is unlawful for a person to use or supervise
the use of any experimental use pesticide or any restricted use pesticide on
small experimental plots for research purposes when no charge is made for the
pesticide and its application without a demonstration and research applicator's
license.
(1)
Application for a demonstration and research ((certification)) license
shall be accompanied by a ((license)) fee of ((seventeen)) twenty-five
dollars.
(2)
Persons licensed in accordance with this section are exempt from the requirements
of RCW 17.21.160, 17.21.170, and 17.21.180.
Sec.
16. RCW
17.21.132 and 1994 c 283 s 16 are each amended to read as follows:
Any
person applying for a license or certification authorized under the provisions
of this chapter shall file an application on a form prescribed by the director.
(1)
The application shall state the license or certification and the
classification(s) for which the applicant is applying and the method in which
the pesticides are to be applied.
(2)
For all classes of licenses except private applicator, all applicants shall be
at least eighteen years of age on the date that the application is made.
Applicants for a private pesticide applicator license shall be at least sixteen
years of age on the date that the application is made.
(3)
Application for a license to apply pesticides shall be accompanied by the
required fee. No license may be issued until the required ((license))
fee has been received by the department. ((License fees shall be prorated
where necessary to accommodate staggering of expiration dates of a license or
licenses.))
(4)
Each classification of license issued under this chapter shall expire annually
on a date set by rule by the director. ((License expiration dates may be
staggered for administrative purposes.)) Renewal applications shall be
filed on or before the applicable expiration date.
Sec.
17. RCW
17.21.220 and 1994 c 283 s 25 are each amended to read as follows:
(1)
All state agencies, municipal corporations, and public utilities or any other
governmental agency shall be subject to the provisions of this chapter and
rules adopted thereunder concerning the application of pesticides.
(2)
It shall be unlawful for any employee of a state agency, municipal corporation,
public utility, or any other government agency to use or to supervise the use
of any restricted use pesticide, or any pesticide by means of an apparatus,
without having obtained a public operator license from the director. ((A license))
Application for a public operator license shall be accompanied by a fee
of ((seventeen)) twenty-five dollars ((shall be paid before a
public operator license may be issued)). The ((license)) fee shall
not apply to public operators licensed and working in the health vector field.
The public operator license shall be valid only when the operator is acting as
an employee of a government agency.
(3)
The jurisdictional health officer or his or her duly authorized representative
is exempt from this licensing provision when applying pesticides that are not
restricted use pesticides to control pests other than weeds.
(4)
Such agencies, municipal corporations and public utilities shall be subject to
legal recourse by any person damaged by such application of any pesticide, and
such action may be brought in the county where the damage or some part thereof
occurred.
Sec.
18. RCW
17.21.280 and 1994 c 283 s 29 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, all moneys collected
under the provisions of this chapter shall be paid to the director and
deposited in the agricultural local fund, RCW 43.23.230, for use exclusively in
the enforcement of this chapter.
(2) All moneys collected for civil penalties levied under RCW
17.21.315 shall be deposited in the state general fund. All fees, fines,
forfeitures and penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in chapter 3.62 RCW.
Sec.
19. RCW
17.21.350 and 1989 c 380 s 64 are each amended to read as follows:
By
((December 1, 1989, and each subsequent December 1,)) February 1st of
each year the department shall report to the appropriate committees of the
house of representatives and the senate on the activities of the department
under this chapter. The report shall include, at a minimum: (1) A review of
the department's pesticide incident investigation and enforcement activities,
with the number of cases investigated and the number and amount of civil
penalties assessed; and (2) a summary of the pesticide residue food monitoring
program with information on the food samples tested and results of the tests, a
listing of the pesticides for which ((no)) testing is done, and other
pertinent information.
NEW
SECTION. Sec. 20. A
new section is added to chapter 17.21 RCW to read as follows:
(1)
The purpose of this section is to establish a pilot project to evaluate the
feasibility of establishing a limited private applicator license to facilitate
the control of weeds, especially those defined as noxious weeds, in Washington
state.
(2)
"Limited private applicator" means a certified applicator who uses or
is in direct supervision of the use of any herbicide classified by the EPA or
the director as a restricted use pesticide, for the sole purpose of controlling
weeds on nonproduction agricultural land owned or rented by the applicator or
the applicator's employer. Nonproduction agricultural land includes pastures,
range land, fencerows, and areas around farm buildings but not aquatic sites.
A limited private applicator also may apply restricted use herbicides to nonproduction
agricultural land of another person if applied without compensation other than
trading of personal services between the applicator and the other person. A
limited private applicator may not apply restricted use herbicides through any
equipment defined under this chapter as an apparatus.
(3)
A person may participate in the pilot project by applying to be licensed as a
limited private applicator in 1998, 1999, or 2000. The application
requirements, fee, and examination requirements for a limited private
applicator are the same as for a private applicator.
(4)(a)
A limited private applicator is exempt from the credit accumulation
requirements of RCW 17.21.128(2)(a), and, upon application, begins a
recertification period which ends on December 31, 2002.
(i)
Limited private pesticide applicators first applying for a license in 1998
shall accumulate a minimum of ten department-approved credits by the end of the
recertification period.
(ii)
Limited private pesticide applicators first applying for a license in 1999
shall accumulate a minimum of eight department-approved credits by the end of
the recertification period.
(iii)
Limited private pesticide applicators first applying for a license in 2000
shall accumulate a minimum of six department-approved credits by the end of the
recertification period.
(b)
All credits must be applicable to the control of weeds with at least half of
the credits directly related to weed control.
(5)
Any limited private applicator who successfully completes the recertification
requirements of this section is deemed to have met the credit accumulation
requirements of RCW 17.21.128(2)(a) for private applicators.
(6)
This section applies only to certified applicators in Ferry and Okanogan
counties, Washington and expires December 31, 2002.
NEW
SECTION. Sec. 21. The
following acts or parts of acts are each repealed:
(1) RCW
15.58.245 and 1992 c 170 s 4 & 1989 c 380 s 21; and
(2) RCW
17.21.910 and 1994 c 283 s 35, 1992 c 170 s 10, 1989 c 380 s 65,
& 1961 c 249 s 32.
NEW
SECTION. Sec. 22. The
following acts or parts of acts are each repealed:
(1) RCW
15.58.415 and 1993 sp.s. c 19 s 3 & 1989 c 380 s 32; and
(2) RCW
17.21.360 and 1994 c 283 s 31, 1993 sp.s. c 19 s 10, & 1989 c
380 s 66.
NEW
SECTION. Sec. 23.
Sections 2, 4 through 7, 11 through 15, 17, and 22 of this act take effect
January 1, 1998.
