Senate File 2290 - Introduced SENATE FILE 2290 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3125) A BILL FOR An Act relating to incidents involving pesticide contamination, 1 including by providing for reporting, testing, and analysis. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5920SV (2) 86 da/nh

S.F. 2290 Section 1. Section 206.14, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. Any person claiming damages from a pesticide application 3 shall have filed file with the secretary on a form prescribed 4 by the secretary a written statement report claiming that the 5 person has been damaged. 6 a. This report shall have been filed within sixty days 7 after the alleged date that damages occurred. If a growing 8 crop is alleged to have been damaged, the report must be filed 9 prior to the time that twenty-five percent of the crop has been 10 harvested. Such statement report shall contain, but shall not 11 be limited to the name of the person allegedly responsible for 12 the application of said pesticide, the name of the owner or 13 lessee of the land on which the crop is grown and for which 14 damage is alleged to have occurred, and the date on which the 15 alleged damage occurred. 16 b. The secretary shall prepare a form to be furnished to 17 persons to be used in such cases and such form shall contain 18 such other requirements as the secretary may deem proper. The 19 secretary shall allow such forms to be completed and filed with 20 the department via the department’s internet site. 21 c. The secretary shall, upon receipt of such statement a 22 report , notify the licensee and the owner or lessee of the land 23 or other person who may be charged with the responsibility of 24 the damages claimed, and furnish copies of such statements 25 report as may be requested. The secretary shall inspect 26 damages whenever possible and when if the secretary determines 27 that the complaint has sufficient merit . the The secretary 28 shall collect samples for testing and analysis of the presence 29 of the reported pesticides. The secretary shall deliver the 30 samples to the state hygienic laboratory at the university of 31 Iowa for testing and analysis. The laboratory shall forward 32 its analysis to the secretary. The secretary shall make 33 such information regarding the inspection and any analysis 34 performed by the state hygienic laboratory available to the 35 -1- LSB 5920SV (2) 86 da/nh 1/ 3

S.F. 2290 person claiming damage and to the person who is alleged to 1 have caused the damage. The secretary shall contract with the 2 university of Iowa to reimburse the university for the actual 3 costs incurred by the hygienic laboratory to perform tests and 4 prepare analyses as described in this paragraph. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 GENERAL. This bill amends the “Pesticide Act of Iowa” (Code 9 chapter 206) relating to incidents involving a person claiming 10 damages from a pesticide application. The provisions are 11 administered and enforced by the department of agriculture and 12 land stewardship (DALS) under the authority of the secretary of 13 agriculture (secretary). 14 REPORTING. The bill provides that an allegation of an 15 incident may be reported to the secretary via the internet. It 16 also provides that when investigating a report, the secretary 17 must collect samples for testing and analysis of the presence 18 of the reported pesticides for delivery to the state hygienic 19 laboratory at the university of Iowa. The laboratory must 20 forward its analysis to the secretary who must make information 21 regarding the inspection and the analysis available to both 22 parties. The secretary is also required to contract with the 23 university of Iowa to reimburse the state hygienic laboratory 24 for costs incurred to perform tests and prepare the analyses. 25 BACKGROUND. A pesticide is any substance used to prevent, 26 destroy, repel, or mitigate damages caused by insects, rodents, 27 nematodes, fungi, weeds, or other forms of plant or animal life 28 or viruses; and includes any substance used as a plant growth 29 regulator, defoliant, or desiccant (Code section 206.2). A 30 person claiming damages from a pesticide application must file 31 a report with DALS, which then may conduct an investigation of 32 the matter (Code section 206.14). DALS may establish, assess, 33 and collect civil penalties for violations by commercial 34 applicators for an amount not to exceed $500 for each offense 35 -2- LSB 5920SV (2) 86 da/nh 2/ 3

S.F. 2290 (Code section 206.19). 1 -3- LSB 5920SV (2) 86 da/nh 3/ 3