Senate
File
397
-
Introduced
SENATE
FILE
397
BY
DOTZLER
A
BILL
FOR
An
Act
regulating
the
application
of
certain
pesticides
in
1
proximity
to
a
child
care
facility
or
school,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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397
Section
1.
Section
206.2,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
6A.
“Child
care
facility”
means
the
same
3
as
defined
in
section
237A.1.
4
NEW
SUBSECTION
.
11A.
“Drift”
means
the
movement
of
a
5
pesticide
during
or
immediately
after
application
through
air
6
to
a
site
other
than
the
intended
site
of
application.
7
NEW
SUBSECTION
.
25A.
“Restricted
use
farm
pesticide”
means
8
a
restricted
use
pesticide
commonly
applied
as
part
of
a
row
9
crop
farming
operation
as
listed
in
rules
adopted
under
section
10
206.20.
11
NEW
SUBSECTION
.
26A.
“School”
means
a
public
or
private
12
school
that
provides
facilities
for
teaching
any
grade
from
13
kindergarten
through
grade
twelve.
14
Sec.
2.
NEW
SECTION
.
206.31A
Application
of
pesticides
in
15
proximity
to
child
care
facility
or
school.
16
1.
A
person
shall
not
apply
a
restricted
use
farm
pesticide
17
within
twenty-five
feet
from
the
real
property
comprising
a
18
child
care
facility
or
school
between
6:00
a.m.
and
6:00
p.m.
19
Monday
through
Friday.
20
2.
a.
The
department
shall
adopt
rules
adjusting
the
21
requirements
described
in
subsection
1
based
on
the
risk
of
22
exposure
to
the
drift
by
children
or
adults
present
at
a
23
child
care
facility
or
school,
which
may
include
any
of
the
24
following:
25
(1)
The
period
when
children
or
adults
ordinarily
26
congregate
or
do
not
ordinarily
congregate
on
the
real
27
property.
28
(2)
The
weather
or
climate
conditions
existing
at
the
time
29
of
application.
30
(3)
The
type
of
restricted
use
farm
pesticide
used.
31
(4)
The
type
of
pesticide
application
equipment
used.
32
(5)
The
application
method
used.
33
b.
The
department
may
adjust
the
separation
distance
34
requirement
described
in
subsection
1,
from
zero
to
one
35
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397
thousand
twenty
feet
based
on
the
risk
factors
described
in
1
paragraph
“a”
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
BILL’S
PROVISIONS.
This
bill
amends
the
“Pesticide
Act
6
of
Iowa”
in
Code
chapter
206,
administered
and
enforced
7
by
the
department
of
agriculture
and
land
stewardship,
by
8
prohibiting
a
person
from
applying
a
restricted
use
farm
9
pesticide,
as
classified
by
the
department,
within
25
feet
from
10
the
real
property
comprising
a
child
care
facility
or
K-12
11
school
between
6:00
a.m.
and
6:00
p.m.
Monday
through
Friday.
12
However,
the
department
is
required
to
adopt
rules
adjusting
13
those
requirements
based
on
the
risk
of
exposure
to
the
drift
14
by
children
or
adults
present
at
a
child
care
facility
or
15
school.
16
APPLICABLE
PENALTY.
A
person
violating
the
bill’s
17
provisions
is
guilty
of
a
serious
misdemeanor.
A
serious
18
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
19
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
20
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