SF 397 (LSB 2507XS (3) 88)

SENATE FILE 397

BY  DOTZLER

A BILL FOR

An Act regulating the application of certain pesticides in proximity to a child care facility or school, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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