SF 2316 (LSB 5541XS (5) 91)

SENATE FILE 2316

BY  STAED

A BILL FOR

An Act prohibiting a pesticide containing paraquat, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 206.2, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  18A.  “Paraquat” means any pesticide containing paraquat dichloride or any other chemical form of paraquat.
   NEW SUBSECTION.  32.  “Work group” means the environmental research and sustainable farming advisory work group established pursuant to section 206.33C.
    Sec. 2.  NEW SECTION.  206.33A  Paraquat —— prohibition.
   1.  Except as provided in subsection 2, a person shall not offer for sale, sell, purchase, apply, or use a pesticide containing paraquat.
   2.  The department or the department of natural resources may approve the use of paraquat for research purposes only, if the use is conducted under strict safety and reporting protocols as provided by the department overseeing the research.
    Sec. 3.  NEW SECTION.  206.33B  Paraquat —— reporting requirements on current use.
   1.  By December 31, 2026, any person that currently offers for sale, sells, purchases, applies, or uses a pesticide containing paraquat in this state must submit a report to the department and the department of natural resources detailing all of the following:
   a.  The quantity of paraquat used, sold, or distributed in the preceding year.
   b.  The geographic areas of use.
   c.  The types of crops or applications for which paraquat is used.
   2.  The department shall compile the reports submitted to the department pursuant to subsection 1 into a statewide paraquat use report. The report shall be published and maintained on the department’s internet site.
   3.  This section is repealed July 1, 2032.
    Sec. 4.  NEW SECTION.  206.33C  Paraquat —— environmental research and sustainable farming advisory work group —— establishment and membership.
   1.  An environmental research and sustainable farming advisory work group is established.
   2.  The work group shall include all of the following voting members:
   a.  The secretary of agriculture or the secretary’s designee.
   b.  The director of the department of natural resources or a designee.
   c.  The following members appointed by the governor:
   (1)  Not more than five individuals, each of whom is an academic researcher with expertise in toxicology, environmental science, or sustainable agriculture.
   (2)  Not more than five individuals, each of whom represents farmers or agricultural industry organizations.
   (3)  Not more than five individuals, each of whom represents a public health and environmental advocacy organization.
   3.  All members of the work group are voting members.
   4.  A vacancy of a member on the work group shall be filled in the same manner as the original appointment.
   5.  This section is repealed July 1, 2032.
    Sec. 5.  NEW SECTION.  206.33D  Paraquat —— work group —— administration.
   1.  The work group shall be housed in the department of agriculture and land stewardship. The department shall provide the work group with facilities, materials, and administrative support. 
   2.  The work group shall hold its first meeting not later than July 1, 2026. Meetings of the work group may be convened by the chairperson of the work group or by a majority of work group voting members. However, the first meeting of the work group shall be convened by the governor.
   3.  The work group shall elect a chairperson and vice chairperson from the membership of the work group.
   4.  A majority of the members of the work group constitutes a quorum. Any action taken by the work group must be adopted by the affirmative vote of a majority of its membership. A task force member’s designee may vote on work group matters in the absence of the member.
   5.  Private members of the task force shall not receive a per diem but shall be reimbursed by the department of agriculture and land stewardship for actual expenses.
   6.  This section is repealed July 1, 2032.
    Sec. 6.  NEW SECTION.  206.33E  Paraquat —— environmental research and sustainable farming advisory work group —— duties.
   1.  The work group shall do all of the following:
   a.  Review the environmental and public health impacts of paraquat and other hazardous pesticides that may cause neurological diseases.
   b.  Identify best practices and opportunities for sustainable and safer alternatives in agriculture.
   2.  The work group shall submit an annual report to the governor and general assembly not later than December 31, 2027, and by that date each subsequent year until the work group submits a final report by December 31, 2031.
   3.  Each report shall include all of the following:
   a.  Findings and recommendations for ongoing environmental research and potential funding mechanisms.
   b.  Recommendations for future legislative or policy actions to support sustainable agriculture and public health.
   4.  This section is repealed July 1, 2032.
    Sec. 7.  EFFECTIVE DATE.  The following, being deemed of immediate importance, take effect upon enactment:
   1.  The section of this Act amending section 206.2.
   2.  The sections of this Act enacting sections 206.33B, 206.33C, 206.33D, and 206.33E.
    Sec. 8.  EFFECTIVE DATE.  The following takes effect January 1, 2027:
   The section of this Act enacting section 206.33A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   BACKGROUND. State law regulates the offer for sale, distribution, purchase, and use of pesticides as administered and enforced by the department of agriculture and land stewardship (DALS) (Code chapter 206). A pesticide is broadly defined to include a substance used to control insects, rodents, nematodes, fungi, and weeds (Code section 206.2). The Code chapter includes provisions that prohibit specific chemicals to be contained in pesticides such as chlordane (Code section 206.32) and daminozide (Code section 206.33).
   BILL’S PROVISIONS —— PARAQUAT PROHIBITION. This bill prohibits a person from offering for sale, selling, purchasing, applying, or using a pesticide containing paraquat. DALS or the department of natural resources (DNR) may approve the use of paraquat for research purposes only, if the use is conducted under strict safety and reporting protocols.
   BILL’S PROVISIONS —— PARAQUAT —— REPORTING REQUIREMENTS REGARDING PARAQUAT IN CURRENT USE. The bill requires that by December 31, 2026, any person that currently offers for sale, sells, purchases, applies, or uses a pesticide containing paraquat in this state must submit a report to DALS and DNR regarding the distribution, application, and use of the chemical. DALS must to consolidate and publish the reported information on its internet site.
   BILL’S PROVISIONS —— PARAQUAT —— ENVIRONMENTAL RESEARCH AND SUSTAINABLE FARMING ADVISORY WORK GROUP. The bill establishes an environmental research and sustainable farming advisory work group (work group). The work group is housed in DALS, which must provide the work group with administrative support. The work group includes the secretary of agriculture or a designee, the director of DNR or a designee, and individuals appointed by the governor who are (1) academic researchers with expertise in toxicology, environmental science, or sustainable agriculture, (2) individuals representing farmers and agricultural industry organizations, and (3) individuals representing public health and environmental advocacy organizations. The work group must (1) review the environmental and public health impacts of paraquat and other hazardous pesticides that may cause neurological diseases and (2) identify best practices and opportunities for sustainable and safer alternatives in agriculture. Beginning not later than December 31, 2027, the work group must submit an annual report, including findings and recommendations, to the governor and general assembly for the next five years.
   APPLICABLE PENALTIES. Generally, a person who violates a provision of Code chapter 206 is subject to a civil penalty of not more than $500 (Code section 206.19). A person who violates a provision of that Code chapter is also guilty of a serious misdemeanor (Code section 206.22). A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   EFFECTIVE DATES. The bill takes effect upon enactment except for the provision that prohibits a person from offering for sale, selling, purchasing, applying, or using a pesticide containing paraquat. That provision takes effect January 1, 2027.