Senate
File
2290
-
Introduced
SENATE
FILE
2290
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SSB
3125)
A
BILL
FOR
An
Act
relating
to
incidents
involving
pesticide
contamination,
1
including
by
providing
for
reporting,
testing,
and
analysis.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
206.14,
subsection
2,
Code
2016,
is
1
amended
to
read
as
follows:
2
2.
Any
person
claiming
damages
from
a
pesticide
application
3
shall
have
filed
file
with
the
secretary
on
a
form
prescribed
4
by
the
secretary
a
written
statement
report
claiming
that
the
5
person
has
been
damaged.
6
a.
This
report
shall
have
been
filed
within
sixty
days
7
after
the
alleged
date
that
damages
occurred.
If
a
growing
8
crop
is
alleged
to
have
been
damaged,
the
report
must
be
filed
9
prior
to
the
time
that
twenty-five
percent
of
the
crop
has
been
10
harvested.
Such
statement
report
shall
contain,
but
shall
not
11
be
limited
to
the
name
of
the
person
allegedly
responsible
for
12
the
application
of
said
pesticide,
the
name
of
the
owner
or
13
lessee
of
the
land
on
which
the
crop
is
grown
and
for
which
14
damage
is
alleged
to
have
occurred,
and
the
date
on
which
the
15
alleged
damage
occurred.
16
b.
The
secretary
shall
prepare
a
form
to
be
furnished
to
17
persons
to
be
used
in
such
cases
and
such
form
shall
contain
18
such
other
requirements
as
the
secretary
may
deem
proper.
The
19
secretary
shall
allow
such
forms
to
be
completed
and
filed
with
20
the
department
via
the
department’s
internet
site.
21
c.
The
secretary
shall,
upon
receipt
of
such
statement
a
22
report
,
notify
the
licensee
and
the
owner
or
lessee
of
the
land
23
or
other
person
who
may
be
charged
with
the
responsibility
of
24
the
damages
claimed,
and
furnish
copies
of
such
statements
25
report
as
may
be
requested.
The
secretary
shall
inspect
26
damages
whenever
possible
and
when
if
the
secretary
determines
27
that
the
complaint
has
sufficient
merit
.
the
The
secretary
28
shall
collect
samples
for
testing
and
analysis
of
the
presence
29
of
the
reported
pesticides.
The
secretary
shall
deliver
the
30
samples
to
the
state
hygienic
laboratory
at
the
university
of
31
Iowa
for
testing
and
analysis.
The
laboratory
shall
forward
32
its
analysis
to
the
secretary.
The
secretary
shall
make
33
such
information
regarding
the
inspection
and
any
analysis
34
performed
by
the
state
hygienic
laboratory
available
to
the
35
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2290
person
claiming
damage
and
to
the
person
who
is
alleged
to
1
have
caused
the
damage.
The
secretary
shall
contract
with
the
2
university
of
Iowa
to
reimburse
the
university
for
the
actual
3
costs
incurred
by
the
hygienic
laboratory
to
perform
tests
and
4
prepare
analyses
as
described
in
this
paragraph.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
GENERAL.
This
bill
amends
the
“Pesticide
Act
of
Iowa”
(Code
9
chapter
206)
relating
to
incidents
involving
a
person
claiming
10
damages
from
a
pesticide
application.
The
provisions
are
11
administered
and
enforced
by
the
department
of
agriculture
and
12
land
stewardship
(DALS)
under
the
authority
of
the
secretary
of
13
agriculture
(secretary).
14
REPORTING.
The
bill
provides
that
an
allegation
of
an
15
incident
may
be
reported
to
the
secretary
via
the
internet.
It
16
also
provides
that
when
investigating
a
report,
the
secretary
17
must
collect
samples
for
testing
and
analysis
of
the
presence
18
of
the
reported
pesticides
for
delivery
to
the
state
hygienic
19
laboratory
at
the
university
of
Iowa.
The
laboratory
must
20
forward
its
analysis
to
the
secretary
who
must
make
information
21
regarding
the
inspection
and
the
analysis
available
to
both
22
parties.
The
secretary
is
also
required
to
contract
with
the
23
university
of
Iowa
to
reimburse
the
state
hygienic
laboratory
24
for
costs
incurred
to
perform
tests
and
prepare
the
analyses.
25
BACKGROUND.
A
pesticide
is
any
substance
used
to
prevent,
26
destroy,
repel,
or
mitigate
damages
caused
by
insects,
rodents,
27
nematodes,
fungi,
weeds,
or
other
forms
of
plant
or
animal
life
28
or
viruses;
and
includes
any
substance
used
as
a
plant
growth
29
regulator,
defoliant,
or
desiccant
(Code
section
206.2).
A
30
person
claiming
damages
from
a
pesticide
application
must
file
31
a
report
with
DALS,
which
then
may
conduct
an
investigation
of
32
the
matter
(Code
section
206.14).
DALS
may
establish,
assess,
33
and
collect
civil
penalties
for
violations
by
commercial
34
applicators
for
an
amount
not
to
exceed
$500
for
each
offense
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(Code
section
206.19).
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