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 TLSB 2507XS (3) 88 da/rn
S.F. 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 -1- LSB 2507XS (3) 88 da/rn 1/ 2
S.F. 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 -2- LSB 2507XS (3) 88 da/rn 2/ 2