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