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
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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