Senate File 274 - Introduced



                                       SENATE FILE       
                                       BY  JOHNSON


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to applicators of pesticides by providing for
  2    exemptions from certification requirements.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1507XS 82
  5 da/je/5

PAG LIN



  1  1    Section 1.  Section 206.5, subsection 3, paragraph c, Code
  1  2 2007, is amended to read as follows:
  1  3    c.  A commercial, public, or private applicator is not
  1  4 required to be certified to apply pesticides for a period of
  1  5 twenty=one one hundred twenty days from the date of initial
  1  6 employment if the commercial, public, or private applicator is
  1  7 under the direct immediate supervision of a certified
  1  8 applicator.  For the purposes of this section subsection,
  1  9 "under the direct supervision of" immediate supervision" means
  1 10 that the application of a pesticide is made by a competent
  1 11 person acting under the instructions and control of a
  1 12 certified applicator who is physically present, by being in
  1 13 sight or hearing distance of the supervised person.
  1 14    Sec. 2.  Section 206.5, subsection 4, Code 2007, is amended
  1 15 to read as follows:
  1 16    4.  A commercial applicator who applies pesticides to
  1 17 agricultural land may, in lieu of the requirement of direct
  1 18 immediate supervision in subsection 3, elect to be exempt from
  1 19 the certification requirements for a commercial applicator for
  1 20 a period of twenty=one days, if the applicator meets the
  1 21 requirements of a private applicator.
  1 22                           EXPLANATION
  1 23    This bill amends Code chapter 206, the "Pesticide Act of
  1 24 Iowa".  The term "pesticide" is defined broadly to include any
  1 25 substance intended to prevent, destroy, repel, or mitigate
  1 26 insects, rodents, nematodes, fungi, or weeds.  Code section
  1 27 206.5 regulates various types of pesticide applicators
  1 28 including persons who apply pesticides for compensation
  1 29 (commercial applicators), persons who apply pesticides on
  1 30 public land (public applicators), and persons who apply
  1 31 pesticides on their own land or an employee of such a person
  1 32 (private applicators).  As part of the regulation, a
  1 33 commercial, public, or private applicator must be certified by
  1 34 passing an examination, and recertified by passing an
  1 35 examination or completing continuing instructional courses.
  2  1 However, a commercial, public, or private applicator is not
  2  2 required to be certified to apply pesticides for a period of
  2  3 21 days if the applicator is under the "direct supervision" of
  2  4 a certified applicator (within sight or hearing distance).
  2  5 The bill amends Code section 206.5 to extend the period of
  2  6 time when the exception applies from 21 days to 120 days.  The
  2  7 bill also changes the term "direct supervision" to "immediate
  2  8 supervision".  The phrase "under the direct supervision of" is
  2  9 defined in Code section 206.2, but the same phrase is also
  2 10 defined specifically in Code section 206.5.
  2 11 LSB 1507XS 82
  2 12 da:nh/je/5