Senate File 2316 - Introduced SENATE FILE 2316 BY STAED A BILL FOR An Act prohibiting a pesticide containing paraquat, making 1 penalties applicable, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5541XS (5) 91 da/js
S.F. 2316 Section 1. Section 206.2, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 18A. “Paraquat” means any pesticide 3 containing paraquat dichloride or any other chemical form of 4 paraquat. 5 NEW SUBSECTION . 32. “Work group” means the environmental 6 research and sustainable farming advisory work group 7 established pursuant to section 206.33C. 8 Sec. 2. NEW SECTION . 206.33A Paraquat —— prohibition. 9 1. Except as provided in subsection 2, a person shall not 10 offer for sale, sell, purchase, apply, or use a pesticide 11 containing paraquat. 12 2. The department or the department of natural resources may 13 approve the use of paraquat for research purposes only, if the 14 use is conducted under strict safety and reporting protocols as 15 provided by the department overseeing the research. 16 Sec. 3. NEW SECTION . 206.33B Paraquat —— reporting 17 requirements on current use. 18 1. By December 31, 2026, any person that currently offers 19 for sale, sells, purchases, applies, or uses a pesticide 20 containing paraquat in this state must submit a report to the 21 department and the department of natural resources detailing 22 all of the following: 23 a. The quantity of paraquat used, sold, or distributed in 24 the preceding year. 25 b. The geographic areas of use. 26 c. The types of crops or applications for which paraquat is 27 used. 28 2. The department shall compile the reports submitted to the 29 department pursuant to subsection 1 into a statewide paraquat 30 use report. The report shall be published and maintained on 31 the department’s internet site. 32 3. This section is repealed July 1, 2032. 33 Sec. 4. NEW SECTION . 206.33C Paraquat —— environmental 34 research and sustainable farming advisory work group —— 35 -1- LSB 5541XS (5) 91 da/js 1/ 5
S.F. 2316 establishment and membership. 1 1. An environmental research and sustainable farming 2 advisory work group is established. 3 2. The work group shall include all of the following voting 4 members: 5 a. The secretary of agriculture or the secretary’s designee. 6 b. The director of the department of natural resources or 7 a designee. 8 c. The following members appointed by the governor: 9 (1) Not more than five individuals, each of whom is an 10 academic researcher with expertise in toxicology, environmental 11 science, or sustainable agriculture. 12 (2) Not more than five individuals, each of whom represents 13 farmers or agricultural industry organizations. 14 (3) Not more than five individuals, each of whom represents 15 a public health and environmental advocacy organization. 16 3. All members of the work group are voting members. 17 4. A vacancy of a member on the work group shall be filled 18 in the same manner as the original appointment. 19 5. This section is repealed July 1, 2032. 20 Sec. 5. NEW SECTION . 206.33D Paraquat —— work group —— 21 administration. 22 1. The work group shall be housed in the department of 23 agriculture and land stewardship. The department shall provide 24 the work group with facilities, materials, and administrative 25 support. 26 2. The work group shall hold its first meeting not later 27 than July 1, 2026. Meetings of the work group may be convened 28 by the chairperson of the work group or by a majority of work 29 group voting members. However, the first meeting of the work 30 group shall be convened by the governor. 31 3. The work group shall elect a chairperson and vice 32 chairperson from the membership of the work group. 33 4. A majority of the members of the work group constitutes a 34 quorum. Any action taken by the work group must be adopted by 35 -2- LSB 5541XS (5) 91 da/js 2/ 5
S.F. 2316 the affirmative vote of a majority of its membership. A task 1 force member’s designee may vote on work group matters in the 2 absence of the member. 3 5. Private members of the task force shall not receive a per 4 diem but shall be reimbursed by the department of agriculture 5 and land stewardship for actual expenses. 6 6. This section is repealed July 1, 2032. 7 Sec. 6. NEW SECTION . 206.33E Paraquat —— environmental 8 research and sustainable farming advisory work group —— duties. 9 1. The work group shall do all of the following: 10 a. Review the environmental and public health impacts 11 of paraquat and other hazardous pesticides that may cause 12 neurological diseases. 13 b. Identify best practices and opportunities for sustainable 14 and safer alternatives in agriculture. 15 2. The work group shall submit an annual report to the 16 governor and general assembly not later than December 31, 2027, 17 and by that date each subsequent year until the work group 18 submits a final report by December 31, 2031. 19 3. Each report shall include all of the following: 20 a. Findings and recommendations for ongoing environmental 21 research and potential funding mechanisms. 22 b. Recommendations for future legislative or policy actions 23 to support sustainable agriculture and public health. 24 4. This section is repealed July 1, 2032. 25 Sec. 7. EFFECTIVE DATE. The following, being deemed of 26 immediate importance, take effect upon enactment: 27 1. The section of this Act amending section 206.2. 28 2. The sections of this Act enacting sections 206.33B, 29 206.33C, 206.33D, and 206.33E. 30 Sec. 8. EFFECTIVE DATE. The following takes effect January 31 1, 2027: 32 The section of this Act enacting section 206.33A. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5541XS (5) 91 da/js 3/ 5
S.F. 2316 the explanation’s substance by the members of the general assembly. 1 BACKGROUND. State law regulates the offer for sale, 2 distribution, purchase, and use of pesticides as administered 3 and enforced by the department of agriculture and land 4 stewardship (DALS) (Code chapter 206). A pesticide is broadly 5 defined to include a substance used to control insects, 6 rodents, nematodes, fungi, and weeds (Code section 206.2). 7 The Code chapter includes provisions that prohibit specific 8 chemicals to be contained in pesticides such as chlordane (Code 9 section 206.32) and daminozide (Code section 206.33). 10 BILL’S PROVISIONS —— PARAQUAT PROHIBITION. This bill 11 prohibits a person from offering for sale, selling, purchasing, 12 applying, or using a pesticide containing paraquat. DALS or 13 the department of natural resources (DNR) may approve the use 14 of paraquat for research purposes only, if the use is conducted 15 under strict safety and reporting protocols. 16 BILL’S PROVISIONS —— PARAQUAT —— REPORTING REQUIREMENTS 17 REGARDING PARAQUAT IN CURRENT USE. The bill requires that 18 by December 31, 2026, any person that currently offers for 19 sale, sells, purchases, applies, or uses a pesticide containing 20 paraquat in this state must submit a report to DALS and 21 DNR regarding the distribution, application, and use of the 22 chemical. DALS must to consolidate and publish the reported 23 information on its internet site. 24 BILL’S PROVISIONS —— PARAQUAT —— ENVIRONMENTAL RESEARCH AND 25 SUSTAINABLE FARMING ADVISORY WORK GROUP. The bill establishes 26 an environmental research and sustainable farming advisory work 27 group (work group). The work group is housed in DALS, which 28 must provide the work group with administrative support. The 29 work group includes the secretary of agriculture or a designee, 30 the director of DNR or a designee, and individuals appointed by 31 the governor who are (1) academic researchers with expertise in 32 toxicology, environmental science, or sustainable agriculture, 33 (2) individuals representing farmers and agricultural industry 34 organizations, and (3) individuals representing public health 35 -4- LSB 5541XS (5) 91 da/js 4/ 5
S.F. 2316 and environmental advocacy organizations. The work group 1 must (1) review the environmental and public health impacts 2 of paraquat and other hazardous pesticides that may cause 3 neurological diseases and (2) identify best practices and 4 opportunities for sustainable and safer alternatives in 5 agriculture. Beginning not later than December 31, 2027, the 6 work group must submit an annual report, including findings and 7 recommendations, to the governor and general assembly for the 8 next five years. 9 APPLICABLE PENALTIES. Generally, a person who violates a 10 provision of Code chapter 206 is subject to a civil penalty 11 of not more than $500 (Code section 206.19). A person who 12 violates a provision of that Code chapter is also guilty 13 of a serious misdemeanor (Code section 206.22). A serious 14 misdemeanor is punishable by confinement for no more than one 15 year and a fine of at least $430 but not more than $2,560. 16 EFFECTIVE DATES. The bill takes effect upon enactment 17 except for the provision that prohibits a person from offering 18 for sale, selling, purchasing, applying, or using a pesticide 19 containing paraquat. That provision takes effect January 1, 20 2027. 21 -5- LSB 5541XS (5) 91 da/js 5/ 5