Senate File 2027 - Introduced



                                       SENATE FILE       
                                       BY  BOLKCOM


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

                                      A BILL FOR

  1 An Act relating to the certification of persons applying
  2    restricted use pesticides, and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5110XS 82
  5 da/nh/14

PAG LIN



  1  1    Section 1.  Section 206.5, subsection 3, paragraph c, Code
  1  2 2007, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 206.5, subsection 4, Code 2007, is amended
  1  4 by striking the subsection.
  1  5                           EXPLANATION
  1  6    This bill amends provisions in Code chapter 206, the
  1  7 "Pesticide Act of Iowa", by eliminating two exceptions that
  1  8 allow a person to apply a restricted use pesticide for 21 days
  1  9 without complying with certain certification requirements.
  1 10    Code section 206.20 requires the department of agriculture
  1 11 and land stewardship to classify certain pesticides as having
  1 12 "restricted use".  Code section 206.5 in part provides that a
  1 13 person who applies a restricted use pesticide must be
  1 14 certified by the department as a commercial, public, or
  1 15 private applicator.  Depending upon how a person is
  1 16 classified, in order to be certified as a commercial, public,
  1 17 or private applicator, a person is required to pay a fee and
  1 18 pass an examination or attend continuing instructional
  1 19 courses.  Code section 206.5 provides two exceptions for
  1 20 persons applying a restricted use pesticide for 21 days.  For
  1 21 a 21=day period:  (1) a person is not required to be certified
  1 22 as a commercial, public, or private applicator so long as they
  1 23 are under the direct supervision of a certified applicator;
  1 24 and (2) a person who would otherwise be required to be
  1 25 certified as a commercial applicator may only have to meet the
  1 26 requirements of a private applicator so long as they apply a
  1 27 restricted use pesticide to agricultural land.
  1 28    Generally a person who violates a provision of Code chapter
  1 29 206 may be assessed a civil penalty of not more than $500 for
  1 30 each offense (Code section 206.19) and is guilty of a serious
  1 31 misdemeanor (Code section 206.22).  A serious misdemeanor is
  1 32 punishable by confinement for no more than one year and a fine
  1 33 of at least $315 but not more than $1,875.
  1 34 LSB 5110XS 82
  1 35 da/nh/14