AN
ACT Relating to forest pesticide application; amending RCW 17.21.020 and
17.21.020; providing an effective date; providing an expiration date; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
17.21.020 and 1994 c 283 s 1 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)
"Agricultural land" means land on which an agricultural commodity is
produced or land that is in a government-recognized conservation reserve
program. This definition does not apply to private gardens where agricultural
commodities are produced for personal consumption.
(3)
"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)
"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.
(5)
"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 or the director as a restricted use pesticide.
(6)
"Commercial pesticide applicator" means any person who engages in the
business of applying pesticides to the land of another.
(7)
"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.
(8)
"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.
(9)
"Department" means the Washington state department of agriculture.
(10)
"Desiccant" means any substance or mixture of substances intended to
artificially accelerate the drying of plant tissues.
(11)
"Device" means any instrument or contrivance intended to trap,
destroy, control, repel, or mitigate pests, but not including equipment used
for the application of pesticides when sold separately from the pesticides.
(12)
"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 and shall require that the
certified applicator be physically present at the application site and that the
person making the application be in voice and visual contact with the certified
applicator at all times during the application. However, direct supervision
for forest application does not require constant voice and visual contact when
general use pesticides are applied using nonapparatus type equipment, the
certified applicator is physically present and readily available in the
immediate application area, and the certified applicator directly observes
pesticide mixing and batching. Direct supervision of an aerial apparatus
means the pilot of the aircraft must be appropriately certified.
(13)
"Director" means the director of the department or a duly authorized
representative.
(14)
"Engage in business" means any application of pesticides by any
person upon lands or crops of another.
(15)
"EPA" means the United States environmental protection agency.
(16)
"EPA restricted use pesticide" means any pesticide classified for
restricted use by the administrator, EPA.
(17)
"FIFRA" means the federal insecticide, fungicide and rodenticide act
as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(18)
"Forest application" means the application of pesticides to
agricultural land used to grow trees for the commercial production of wood or
wood fiber for products such as dimensional lumber, shakes, plywood, poles,
posts, pilings, particle board, hardboard, oriented strand board, pulp, paper,
cardboard, or other similar products.
(19)
"Fumigant" means any pesticide product or combination of products
that is a vapor or gas or forms a vapor or gas on application and whose method
of pesticidal action is through the gaseous state.
(((19)))
(20) "Fungi" means all nonchlorophyll-bearing thallophytes
(all nonchlorophyll-bearing plants of lower order than mosses and liverworts);
for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a
living person or other animals.
(((20)))
(21) "Fungicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any fungi.
(((21)))
(22) "Herbicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any weed or other higher
plant.
(((22)))
(23) "Immediate service call" means a landscape application to
satisfy an emergency customer request for service, or a treatment to control a
pest to landscape plants.
(((23)))
(24) "Insect" means any small invertebrate animal, in any life
stage, whose adult form is segmented and which generally belongs to the class
insecta, comprised of six-legged, usually winged forms, as, for example,
beetles, bugs, bees, and flies. The term insect shall also apply 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.
(((24)))
(25) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any insect.
(((25)))
(26) "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.
(((26)))
(27) "Landscape application" means an application by a
certified applicator of any EPA registered pesticide to any exterior landscape
plants found around residential property, commercial properties such as
apartments or shopping centers, parks, golf courses, schools including nursery
schools and licensed day cares, or cemeteries or similar areas. This
definition shall not apply to: (a) Applications made by certified private
applicators; (b) mosquito abatement, gypsy moth eradication, or similar
wide-area pest control programs sponsored by governmental entities; and (c)
commercial pesticide applicators making structural applications.
(((27)))
(28) "Nematocide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate nematodes.
(((28)))
(29) "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. Nematodes may also be called nemas or
eelworms.
(((29)))
(30) "Person" means any individual, partnership, association,
corporation, or organized group of persons whether or not incorporated.
(((30)))
(31) "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, bacteria, or other microorganisms on or in a living person or
other animal or in or on processed food or beverages or pharmaceuticals, which
is normally considered to be a pest, or which the director may declare to be a
pest.
(((31)))
(32) "Pesticide" means, but is not limited to:
(a)
Any substance or mixture of substances intended to prevent, destroy, control,
repel, or mitigate any 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
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.
(((32)))
(33) "Pesticide advisory board" means the pesticide advisory
board as provided for in this chapter.
(((33)))
(34) "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)))
(35) "Private applicator" means a certified applicator who
uses or is in direct supervision of the use of any pesticide classified by the
EPA or the director as a restricted use pesticide, 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.
(((35)))
(36) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide classified by the
EPA or the director as a restricted use pesticide for purposes other than the
production of any agricultural commodity on lands owned or rented by the
applicator or the applicator's employer.
(((36)))
(37) "Residential property" includes property less than one
acre in size zoned as residential by a city, town, or county, but does not
include property zoned as agricultural or agricultural homesites.
(((37)))
(38) "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.
(((38)))
(39) "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.
(((39)))
(40) "Snails or slugs" include all harmful mollusks.
(((40)))
(41) "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.
(((41)))
(42) "Weed" means any plant which grows where it is not
wanted.
Sec.
2. RCW
17.21.020 and 2001 c 333 s 1 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)
"Agricultural land" means land on which an agricultural commodity is
produced or land that is in a government-recognized conservation reserve
program. This definition does not apply to private gardens where agricultural
commodities are produced for personal consumption.
(3)
"Antimicrobial pesticide" means a pesticide that is used for the
control of microbial pests, including but not limited to viruses, bacteria,
algae, and protozoa, and is intended for use as a disinfectant or sanitizer.
(4)
"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.
(5)
"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.
(6)
"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 or the director as a restricted use pesticide.
(7)
"Commercial pesticide applicator" means any person who engages in the
business of applying pesticides to the land of another.
(8)
"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.
(9)
"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.
(10)
"Department" means the Washington state department of agriculture.
(11)
"Desiccant" means any substance or mixture of substances intended to
artificially accelerate the drying of plant tissues.
(12)
"Device" means any instrument or contrivance intended to trap,
destroy, control, repel, or mitigate pests, but not including equipment used
for the application of pesticides when sold separately from the pesticides.
(13)
"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 and shall require that the certified
applicator be physically present at the application site and that the person
making the application be in voice and visual contact with the certified
applicator at all times during the application. However, direct supervision
for forest application does not require constant voice and visual contact when
general use pesticides are applied using nonapparatus type equipment, the
certified applicator is physically present and readily available in the
immediate application area, and the certified applicator directly observes
pesticide mixing and batching. Direct supervision of an aerial apparatus
means the pilot of the aircraft must be appropriately certified.
(14)
"Director" means the director of the department or a duly authorized
representative.
(15)
"Engage in business" means any application of pesticides by any
person upon lands or crops of another.
(16)
"EPA" means the United States environmental protection agency.
(17)
"EPA restricted use pesticide" means any pesticide classified for
restricted use by the administrator, EPA.
(18)
"FIFRA" means the federal insecticide, fungicide and rodenticide act
as amended (61 Stat. 163, 7 U.S.C. Sec. 136 et seq.).
(19)
"Forest application" means the application of pesticides to
agricultural land used to grow trees for the commercial production of wood or
wood fiber for products such as dimensional lumber, shakes, plywood, poles,
posts, pilings, particle board, hardboard, oriented strand board, pulp, paper,
cardboard, or other similar products.
(20)
"Fumigant" means any pesticide product or combination of products
that is a vapor or gas or forms a vapor or gas on application and whose method
of pesticidal action is through the gaseous state.
(((20)))
(21) "Fungi" means all nonchlorophyll-bearing thallophytes
(all nonchlorophyll-bearing plants of lower order than mosses and liverworts);
for example, rusts, smuts, mildews, molds, and yeasts, except those on or in a
living person or other animals.
(((21)))
(22) "Fungicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any fungi.
(((22)))
(23) "Herbicide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate any weed or other higher
plant.
(((23)))
(24) "Immediate service call" means a landscape application to
satisfy an emergency customer request for service, or a treatment to control a
pest to landscape plants.
(((24)))
(25) "Insect" means any small invertebrate animal, in any life
stage, whose adult form is segmented and which generally belongs to the class
insecta, comprised of six-legged, usually winged forms, as, for example,
beetles, bugs, bees, and flies. The term insect shall also apply 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.
(((25)))
(26) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any insect.
(((26)))
(27) "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.
(((27)))
(28) "Landscape application" means an application of any EPA
registered pesticide to any exterior landscape area around residential
property, commercial properties such as apartments or shopping centers, parks,
golf courses, schools including nursery schools and licensed day cares, or
cemeteries or similar areas. This definition shall not apply to: (a)
Applications made by certified private applicators; (b) mosquito abatement,
gypsy moth eradication, or similar wide-area pest control programs sponsored by
governmental entities; and (c) commercial pesticide applicators making
structural applications.
(((28)))
(29) "Nematocide" means any substance or mixture of substances
intended to prevent, destroy, repel, or mitigate nematodes.
(((29)))
(30) "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. Nematodes may also be called nemas or eelworms.
(((30)))
(31) "Person" means any individual, partnership, association,
corporation, or organized group of persons whether or not incorporated.
(((31)))
(32) "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, bacteria, or other microorganisms on or in a living person or
other animal or in or on processed food or beverages or pharmaceuticals, which
is normally considered to be a pest, or which the director may declare to be a
pest.
(((32)))
(33) "Pesticide" means, but is not limited to:
(a)
Any substance or mixture of substances intended to prevent, destroy, control,
repel, or mitigate any 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
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.
(((33)))
(34) "Pesticide advisory board" means the pesticide advisory
board as provided for in this chapter.
(((34)))
(35) "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.
(((35)))
(36) "Private applicator" means a certified applicator who
uses or is in direct supervision of the use of any pesticide classified by the
EPA or the director as a restricted use pesticide, 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.
(((36)))
(37) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide classified by the
EPA or the director as a restricted use pesticide for purposes other than the
production of any agricultural commodity on lands owned or rented by the
applicator or the applicator's employer.
(((37)))
(38) "Residential property" includes property less than one
acre in size zoned as residential by a city, town, or county, but does not
include property zoned as agricultural or agricultural homesites.
(((38)))
(39) "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.
(((39)))
(40) "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.
(((40)))
(41) "School facility" means any facility used for licensed
day care center purposes or for the purposes of a public kindergarten or public
elementary or secondary school. School facility includes the buildings or
structures, playgrounds, landscape areas, athletic fields, school vehicles, or
any other area of school property.
(((41)))
(42) "Snails or slugs" include all harmful mollusks.
(((42)))
(43) "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.
(((43)))
(44) "Weed" means any plant which grows where it is not
wanted.
NEW
SECTION. Sec. 3. (1)
Section 1 of this act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately.
(2)
Section 2 of this act takes effect July 1, 2002.
NEW
SECTION. Sec. 4.
Section 1 of this act expires July 1, 2002.
