U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-1
April 1973
North Dakota to Study Action Necessary to Comply with the
Federal Environmental Pesticide Control Act of 1972 (FEPCA).
"A concurrent resolution directing the Legislative Council
to make a study of necessary legislation and costs to the State
of North Dakota to comply with the Federal Environmental Pesticide
Control Act of 1972, "
Senate Concurrent Resolution No. 4035, adopted March 9, 1973
[North Dakota regular session, 1973 new laws, page 129] directs
the Legislative Council to "... determine what legislation is re-
quired and the appropriation needed for North Dakota to comply
with requirements of the Federal Environmental Pesticide Control
Act of 1972 .... The study should consider legislation which
will:
"1. Designate a state department or agency with responsibility
for the preparation and execution of a statewide plan to
meet federal requirements in the training and certification
of ... applicators ...;
"2. Provide adequate personnel, equipment, and facilities to
set up certification schools ... for applicators ...;
"3. Provide an appropriation for the necessary state personnel,
inspectors, and enforcement personnel; and
"4. Provide the state department with rulemaking power to
promulgate rules and regulations and penalties, consistent
with federal requirements ...."
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CRAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-2
April 1973
Nebraska amends law relating to aerial pesticide applicators ,
Legislative Bill No. 391, approved March 13, 1973 [ Nebraska,
regular session, 1973 new laws, page 213] amends Section 3-128,
Revised Statutes Supplement, 1972, by deleting considerable de-
tail from the statute and providing authority to issue regulations
to accomplish the same purpose.
Specifics in a law sometimes handicap its implementation and
administration, whereas statutory authority to issue necessary
regulations, regarding the same specific points, permits greater
flexibility in administering the law. The amendment here accom-
plishes this purpose.
Emerson R. Baker, J. D.
Consult ant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CI-IAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-3
April 1973
“ Wyoming Environmental Pesticide Control Act of 1973 ”
House Bill No. 233, approved March 3, 1973 [ Chapter 175, Laws
1973] enacts new control authorities for the State, for both re-
gistration and use and application of pesticides and devices.
It defines terms, provides authority to regulate labeling,
distribution, storage, transportation, use, application, disposal,
registration, and examination of pesticides and devices. It pro-
vides for classification of licenses, establishment of fees, and
enforcement authorities.
Classification of licenses “... shall include but are not
limited to: (a) commercial applicator ..., (b) private appli-
cator . . . .“
The Board of Agriculture may, by regulation, adopt lists of
restricted pesticides and only certified applicators may use such
pesticides.
The Act appears to be in harmony with the Federal Environment-
al Pesticide Control Act of 1972 [ P.L. 92-516]. The Federal Act,
conceived October 21, 1972, (bills were introduced in February
1971), is now in its 6th month of pregnancy, with a gestation period
of up to 48 months, (certain sections were effective immediately),
its embryonic development is being given careful attention within
the parent E.P.A. [ See Federal Register, Volume 38, No. 5, Jan. 9,
1973 (38 FR 1142) and Volume 38, No. 20, Jan. 31, 1973 (38 FR 3002)
for implementation plans and establishment task force assignments.]
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-4
April 1973
South Dakota Concurrent Resolution; Pesticide Legislation Study
House Concurrent Resolution No. 519 [ 1973 New Laws, page 309]
adopted March 14, 1973, cites “... legislative interest and necessity
for a detailed study of State legislation to bring South Dakota into
compliance with the Federal Environmental Pesticide Control Act of
1972.”
Recognizing that the Federal Act will establish requirements
for controlling use of pesticides, that restricted pesticides can
be applied only by trained applicators, that the “... South Dakota
Department of Agriculture will be required to certify applicators,
including both farmers and commercial applicators . . . ,“ that the
Act “... could have a major impact on farmers, businessmen, and
the future of South Dakota’s agricultural economy... ,“ and that
“... the 1974 South Dakota Legislature will need to enact legisla-
tion to enable the Department of Agriculture to have a State plan
submitted to the Federal Government prior to a 1975 deadline .. .“
[ therefore be it resolved ] “... that the Legislative Research
Council be requested to make a comprehensive study of State leg-
islation in line with Federal requirements while keeping in mind
South Dakota’s agricultural needs ...
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LE(;IsLATIvE NOTES NO. 73-4, Supplement 1
April 1973
South Dakota grants reciprocity to aerial applicators .
Senate Bifl 165 [ 1973 New Laws, page 49], approved March
27, 1973, adds a new subdivision to S D C L 50-11-20 providing:
aircraft ... coming into this State for the purpose of
operating . . pursuant to Sec. 38-21-3 (applying pesticides)
or applying coin ercial fertilizer, and if ... licensed in such
other State, s1 a1l be exempt from the additional registration tax.
Provided ... that this exemption shall apply cn]y to the extent
that ... like e
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CITIAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-5
April 1973
Montana Amends Pesticides Act
Senate Bill No. 187 [ Chapt. 447, Laws 1973] approved March
23, 1973, makes the following amends to the “ Montana Pesticides
Act”:
1. Includes seeds with those items to which pesticides
are applied, [ Sec. 27-216, (4) (a) R.C.M. 1947];
2. Adds the term “Public Utility Applicator” and makes
such persons subject to the Act [ Sec. 27-216, (4) Ce)];
3. Applicators applying for a dealer’s or retailer’s
license required to pay a fee of five dollars ($5.00)
[ Sec. 27-221, (1)];
4. A separate dealer’s license and fee is now required
for each location or outlet [ Sec. 27-225, (1)];
5. Provides that licensed veterinarians and pharmacists
need not be required to purchase licenses to sell
pesticides [ 27-223, (5)]; and
6. “... retailers selling only human insect repellants
shall only be required to pay a license fee of five
dollars ($5.00) ...“ [ 27-227, (1)].
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISON
CHANBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-6
May 1973
New Hampshire amends Pesticides Control Board membership .
House Bill No. 98 [ Chapter 42, Laws 1973] approved
March 24, 1973, provides for substitute ex-officio member
for the Director of Fish and Game on the pesticide control
board. The Chief of Game Management and Research is em-
powered to perform all duties of the Director, as an ex-
officio member of the board. The Act is effective July
1, 1973.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-7
May 1973
New Mexico enacts “Pesticide Control Act. ”
Senate Bill No. 324 [ Chapter 366 (P. 1265), Laws 1973]
approved April 4, 1973, enacts a comprehensive new law and
repeals the “Pesticide Applicators Law,” [ N.M. Stat. Ann.,
s 67-34-1 to 67-34-8 (1966)], the “New Mexico Economic Poison
Act of 1951” [ N.M. Stat. Ann., s 45-9-1 thru 45-9-12 (1966)],
and the “Commercial Exterminators and Fumigators Act” [ N.M.
Stat. Ann., s 12-1-23.1 (1953)]. It regulates both the reg-
istration and the use and application of pesticides. It pro-
vides for registration, labeling, distribution, storage,
transportation, application, use and disposal, and the li-
censing of pesticide dealers, pest management consultants,
and pesticide applicators and operators.
Of interest in the section on definitions are the terms,
“pest management consultant, restricted use pesticide, and
unreasonable adverse effects on the environment.” The term
“private applicator” is used in the text, but not defined.
The Act provides for both commercial and private appl
icator certification and requires the board (the Board of
Regents of New Mexico State University) to: “... take into
consideration [ certification] standards of the United States
Environmental Protection Agency ...
Pesticides registered under the old Act and licenses
issued under previous laws, remain valid until December 31,
1973.
The Act creates a pesticide advisory board consisting
of:
“... the dean of the college of agriculture at New Mexico
state university, the director of the New Mexico environmental
improvement agency, the director of the New Mexico department
of game and fish, the director of the New Mexico state planning
office and the director of the New Mexico department of agri-
culture or their designees. The pesticide advisory board is
created to assure the continuation of the basic policy of the
state to protect and improve the environment by ssuring the
proper registration, distribution and use of pesticides and
devices.
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-2—
“B. The pesticide advisory board shall [ meet] at least
once each year prior to November 1 review all pesticides in
use or proposed to be used in the state and, determine which
pesticides should not be registered in the state, which should
be designated restricted use pesticides, and the use to which
restricted use pesticides may be put. In determining the use
to which restricted use pesticides may be put, the pesticide
advisory board shall consider the need for control of the tar-
get pest, whether the use of effective alternate materials is
practicable and whether the use of alternate materials is
hazardous to the environment or public health and welfare, or
both.
“C. The findings of the pesticide advisory board shall
be submitted to the board in promulgating regulations pursuant
to the Pesticide Control Act.”
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHA}IBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-8
May 1973
Nevada Amends Custom Application Law .
Assembly Bill No. 326 [ Chapter 231, Laws 1973 (page 93)]
approved April 5, 1973, makes certain changes in examining arid
fee requirements for licenses and provides for licensing on a
calendar-year basis.
Applicants failing to complete licensing requirements
within 30 days forfeit fees submitted [ NRS 555.290 (2)].
Fee schedules have been revised as follows:
Testing fee (for back field of pest control) $ S.
(maximum) $25.
(minimum for any 1 application) $10.
Licensing fee (issuance of license) $25.
Companies employing others (each agent) $10.
The licensing period is now on a calendar-year basis, represent-
ing a change from a fiscal-year basis [ MRS 555.320].
The amendment removes the word “custom” before “application”
so that the statute now refers to application of pesticides rather
than custom application of pesticides.
The amendment clarifies a point which, in some State laws, is
ambiguous. This amendment clearly states that there is a fee for
giving an examination, and another fee for issuing a license, and
that an applicant not completing his licensing requirements within
30 days after making application forfeits his testing fee.
Assembly Bill 614 [ Chapter ____, Laws 1973] approved ________
1973, brings engaging in structural pest control subject to con-
trol by the State. Certain sections of the Custom Application of
Pesticides Law [ Nev. Rev. Stat., s 555.260 to 555.460 (Supple. 1973)]
have been amended as follows:
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—2—
NRS 555.262 - adds the term “engaging in the business of pest
control” as part of the definition of custom application.
NRS 555. 280 - adds the statement that [ no person shall] “en-
gage in making custom inspection of households or other structures
for wood destroying pests or similar organisms” [ unless licensed].
NRS 555.300 - adds the following:
“3. The applicant or the individual designated by the appli-
cant in accordance with subsection 2 of this section shall be the
age of majority or over and shall have:
(a) Not less than 2 years’ practical experience in pest con-
trol; or
(b) Possess university credits of not less than 16 credit hours
in biological sciences of which not less than 8 credit hours must be
in subjects directly related to the categories of pest control in which
the applicant wishes to be licensed and shall have 6 or more months of
practical experience in pesticide application or related pest control.
“4. The requirements of subsection 3 shall not apply to persons
holding a license issued by the executive director before July 1, 1973,
nor shall such requirements apply to the renewal of the license of any
such person.”
Chapter 555 of NRS is amended by adding sections 5 and 6 as follows:
“Sec. 5 ‘Pest control’ means the business of engaging in advertising
or soliciting for or performance of the use of pesticides or mechanical
devices for the purpose of eliminating, exterminating, controlling or
preventing infestations of pests.
“Sec. 6 No person shall for hire engage in, offer to engage in,
advertise or solicit to perform any of the following pest control
activities concerning wood destroying pests or organisms without a
license issued by the executive director:
1. Making an inspection or inspections for the purpose of iden-
tifying or attempting to identify infestations or infections of house-
holds or other structures by such pests or organisms.
2. Making inspection reports concerning such infestations or
infections.
3. Making estimates or bids, whether written or oral, con-
cerning such infestations or infections.
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—3-
4. Submitting bids to perform any work involving the appli-
cation of pesticides for the eliminating, exterminating, controll-
ing or preventing infestations or infections of such pests.”
Both of the above laws (amendments) become effective July 1,
1973.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-9
May 1973
Rhode Island amends pesticide law .
House Bill No. 5163 [ Act 24, Laws 1973 (page 23)] approved
April 5, 1973, amends the definition of “conunercial applicator”
[ R. I. Gen. Laws Ann., s 23 - 41. 1 - 3 (9)] so as to now read:
“(9) The word “commercial applicator” shall be construed
to mean any person or persons, public or private corporation,
partnership or other entity (A) who applies pesticides for pro-
fit or for use in obtaining a profit from another commodity,
building, organism, place or service, and/or (B) who sells a
pesticide whose use has been restricted by law or regulation.”
The amendment adds clause (B) and emphasizes control over
the sale of “restricted” pesticides, and deletes reference to
purchasing and transporting pesticides [ in 23 - 41.1 - 3 (9)].
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-10
June 1973
Kansas Amends Pesticide Use Law .
Senate Bill No. 230 [ 1973 new laws, page 751] approved
April 13, 1973, makes certain changes in existing law [ “Kansas
Pesticide Use Law ” Kan. Stat. Ann., s 2-2414 to 2-2436 (Supp.
1972)], the most significant being:
1. Deletion of the term “direct on-the-job supervision”
and the substitution of a definition compatible with the de-
finition in the Federal Environmental Pesticide Control Act
of 1972. [ See Section 2, (e), (4), FEPCA].
2. Financial responsibilities changes -- applicant must
furnish proof of financial responsibility in the form of a surety
bond or a certificate of liability insurance in the following
amounts:
Without licensed (not less than)
application equipment $2,000.
With first unit of (an additional)
licensed equipment $1,000.
Bodily injury liability,
each occurrence $25,000.
Property damage,
each occurrence $5,000.
Deductable clause,
for each occurrance $500.
3. The “exemptions” section [ KSA 2-2427] now differentiates
between “commercial” and “private” applicators to harmonize with
the two classes of applicators defined in FEPCA.
4. Addition of two new sections relating to licensing.
Of interest in this respect is a provision that a pesticide
equipment operators permit, or a public equipment operators’
permit may be renewed by meeting certain requirements, one of
which is furnishing “proof of satisfactory completion of training
in pesticide use ...
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-2-
Temporary permits for the above catagories may be issued by
the county clerk, after the county extension agent has tested the
applicant and graded the examination.
Emerson R. Baker, J.D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-11
June 1973
New York Amends The Custom Applicator Certification Section
of Environmental Conservation Law .
Senate Bill No. 4410 [ Chapter 314, Laws 1973 (page 353)]
approved May 8, 1973, amends custom applicator certification
standards by rewording parts of Section 33-0905, in order to
clearly distinguish between the “commercial” applicator and
the “private” (farmer) applicator and appears to bring the law
in harmony with the same two types of applicators established
by the Federal Environmental Pesticide Control Act of 1972.
The amendment requires a recognition of these differences
when establishing qualifications for certification, and pre-
sumably in activities related to implementation and admin-
istration of the act, as does FEPCA.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-12
June 1973
Tennessee Enacts Commercial Aerial Applicators Law .
Senate Bill No. 224 [ Chapter 90, Public Laws 1973 (page 113)]
approved April 19, 1973, creates a licensing requirement for
commercial aerial applicators of pesticides.
The ten section act:
(1) Defines certain tenns;
(2) Grants the Commissioner of Agriculture certain
powers and duties, granting him broad authority to issue regulations
regarding many aspects of implementation and administration of the
law;
(3) Establishes license fees for both the pilot and plane;
(4) Establishes a $100,000. liability insurance policy
requirement;
(5) Grants the commissioner licensing revocation authority,
as well as subpoena power, in the hearing processes;
(6) Provides penalties for violation of the act;
(7) Grants the commissioner injunctive processes to stop
violations;
(8) Exempts local, State, and Federal aerial operations,
legitimate agricultural experiments, and a landowner who makes aerial
applications on his own land with his personally owned aircraft; and
(9) Permits the commissioner to issue a temporary permit
in certain defined emergency conditions.
The act becomes effective July 1, 1973.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-13
August 1973
Maine Amends Economic Poison Law and Board of Pesticide Control Law .
House Bill No. 9 8i” adds a new “stop-sale” order to the “ Maine
Economic Poison Law”— ’ by providing that...
“...when the commissioner has reasonable cause to believe any
economic poison... is being distributed, stored, transported, or used
in violation of... (law or regulations)...
“... he may issue and serve a written stop-sale order upon the
owner or custodian.... If the owner or custodian is not available, the
commissioner may attach the order to the pesticide or device and notify
the registrant. The economic poison or device shall not be sold, used,
or removed until the provisions of this subchapter have been complied
with.. .“
House Bill No. 958. / revises the Board of Pesticides Control Law,
clarifies certain definitions, grants additional licensing restriction
authorities to the Board, eliminates certain time requirements for mak-
ing application for permits to apply pesticides to aquatic areas, per-
mits inspection of pesticide chemicals (in addition to equipment and
application procedures), and grants authority to
“... regulate and control all use of pesticides... through regu-
lations. Such regulations may concern.., areas of application; chemi-
cal content and labeling; methods of application and unsafe practices;
critical areas where use of pesticides should be restricted; limita-
tions on use; disposal, transportation, and storage; qualifications
and training of pesticide users; and sale and distribution.
“In promulgating... regulations... the Board shall consider per-
tinent research findings and the recommendations of other agencies...”
Authorizes injunctive proceedings, removes statutory exemption of the
Forestry Department, and places the exemption under (Board) regulation
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2
and expands the right of entry, including the authority to apply for
and execute search warrants. The Act adds a new section which author-
izes the Board to subpoena persons and records.
Emerson R. Baker, J. D.
Consultant
Approved April 23, 1973. Chapter 245, Public Laws 1973, page 249
V Section 592. [ Me. Rev. Stat. Ann., tit. 7, s 581 to 592 (1964)]
. / Approved April 11, 1973. Legislative document No. 1268
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-14
August 1973
Colorado Amends Pesticide Laws .
House Bill No. 1530 (1973 New Laws, page 259), approved June 7,
1973, amends the Colorado “ Commercial Pesticide Applicators’ Act ”
[ Cob. Rev. Stat., s 6-14-1 to 6-14-22 (1967)] by:
1. Adding:
“Section 6-14-3. Licenses - applications - fees. (5) Each
person licensed pursuant to the provisions of this article shall
attend an applicator workshop at least every other year to be con-
ducted by the Colorado State University Cooperative Extension Service
in cooperation with the department. Failure to attend such workshop
shall result in the revocation of the license granted pursuant to
the provisions of this article.” and,
2. Amending:
“Section 6-14-6. Renewal of licenses. Licensees may make
application to renew their licenses without further written and oral
examinations prior to December 31 of each year if the application is
accompanied by a certificate evidencing the fact that the applicant
for renewal has attended an applicator workshop pursuant to section
6-14-3. Failure to attend such workshop or make application for
renewal prior to December 31 shall require the licensee to retake
and satisfactorily pass the written and oral examinations.’ t
“ The Pesticide Act ” [ Cob. Rev. Stat., s 6-12-1 to 6-12-16 (1963)]
has been amended by clarifying the expiration and appointment dates of
certain members of the advisory committee.
Section 6-12-15. Pesticide Dealers License. No longer permits
an applicator’s license to satisfy the requirement for or substitute
as a dealer’s license.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEO1 GIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-15
August 1973
Connecticut Rewrites Pesticide Laws .
Senate Bill No. 1810 (Public Act 73-540, Laws 1973), approved
June 17, 1973, entitled the “ Connecticut Pesticide Control Act, ”
represents a thorough reworking of state pesticide control laws and
enacts a comprehensive new statute.
It includes registration, use and application, and “custom tree
work.” It repeals the existing “custom application of pesticides” and
the economic poison law [ Gen. Stat. Conn., s 19-300a to 19-300s (1958)].
The Act parallels the Federal Environmental Pesticide Control Act
of 1972 (FEPCA) in practically all areas of control, including defini-
tions of terms, classification of pesticides into either general use or
restricted use (the Commissioner of Environmental Protection may change
classification to conform to Federal classification), authority to
prescribe standards for certification of applicators, establishment of
standards for commercial applicators separate from private applicators,
experimental use permits, books and records, inspection of establish-
ments, protection of trade secrets, stop sale, use, removal or seizure
orders, and other similar provisions relating to FEPCA.
The Act becomes effective October 1, 1974.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-16
August 1973
Hawaii adds Section on pesticide residue labeling .
House Bill No. 1769 (Act 153, Laws 1973, p. 457), approved
May 22, 1973, adds a new section to the Code, as follows:
“... Pesticides residue; labeling. The board of agriculture shall
require importers, wholesalers, and retailers of any raw agricultural
commodities or processed foods produced or prepared in foreign countries
whose regulations regarding pesticides residue control do not meet the
standards established by section 408 of the Federal Food, Drug, and
Cosmetic Act to label such products and commodities ‘ THIS PRODUCT NOT
CERTIFIED FOR TOXIC PESTICIDE RESIDUE’. ”
Emerson R. Baker, J. D.
Consultant
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Ii. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHA14BLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-17
August 1973
Texas amends economic pesticide law in relation to commercial fertilizer
law .
House Bill No. 16191/ amends both of the above 1aws ’ so as to
require that any economic pesticide added to a fertilizer shall first
be registered under the pesticide law. Prior to this amendment, the
definition of the term “economic pesticide” exempted such requirement.
House Bill No. 1353 ’ amends the herbicide 1aw ./ by permitting
control over “any county or a portion of a county” as compared to
previous “county” control, with respect to the use or prohibited use
of herbicides.
Emerson R. Baker, J. D.
Consultant
. / Approved June 12, 1973. 1973 New Laws, page 681.
“Insecticide, Fungicide, and Rodenticide Act of Texas” (Article
135b-5, Vernon’s Texas Civil Statutes); and “Texas Commercial
Fertilizer Control Act of 1961” (Article 108a, Vernon’s Texas
, Civil Statutes).
.‘, Approved June 14, 1973. 1973 New Laws, page 1583.
—, Texas Herbicide Law [ Tex. Rev. Civ. Stat., art. l3Sb-4 (1969)].
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
CHAMBLEE, GEORGIA 30341
PESTICIDE LEGISLATIVE NOTES NO. 73-18
August 1973
North Carolina Amends Pesticide Control Laws .
Hove Bill No. 1024!” amends the Nor:: Carolina Pesticide Law
of 1971—i by:
1. Granting additional authority to the Roard to refuse to
register or to cancel the registration of pe:ticides (if registrant
fails or refused to comply with the Act). [ Sec. 143-442 Ce)]
2. Adding a paragraph requiring continu..-d r gistration of a
discontinued pesticide for one year following f .1 distribution
(plus authority to confiscate and dispose of t - material for
noncompliance). [ Sec. 143-442 (g)]
3. Separating aircraft from ground equipment, with respect to
certain fee charges, and eliminating the requirement that ground
equipment have an identifying plate or decal. [ Sec. 143-452 (b)]
4. Clarifying, with slight modifications, the classification of
licenses and providing the Board with authority to license apprentice
pesticide applicators. [ Sec. 143-452 Cd)]
5. Adding a paragraph regarding basic qualifications for apprentice
aerial pesticide applicators. [ Sec. 143-453 (a), (4)]
6. Repealing the definition of the term “pesticide operator.”
[ Sec. 143-460 (31) repealed]
7. Granting additional authority to the Board “... to suspend
the application of any provision of this Part to any Federal or
State agency if... emergency conditions require such action....”
[ Sec. 143-461 (2) (b) newl
Senate Bill No. 537!’ makes substantial amendments the
“Structural Pest Control Act of North Carolina of 1955.”—’ Among
other things, the amendment:
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2
1. Requires that the two members of the Structural Pest
Control Committee appointed by the Governor shall be “... licensed
in at least two phases of structural pest control....”
2. The section on definitions (106-65.24) is rewritten to
include 24 terms, as compared to 11 in the original law.
3. Provides that any person issued a license after Oct. 21,
1976, shall be deemed a “certified applicator.” (This ties directly
to the Federal Act - FIFRA).
4. Revises the standards for basic qualification of applicants,
relating primarily to substitution of experience for education.
5. Broadens the statutory requirements of the written, or oral
and written examination for an original license, including “...
knowledge of the laws and regulations governing the use and applica-
tion of pesticides....”
6. Provides that “... requalifying... as certified applicators
(after Oct. 21, 1976)... as (may be) required by the federal govern-
ment at intervals no more frequent than that specified by federal
law and federal regulation....” (No interval has been established
by Federal law, and regulations are in draft form).
7. Adds four more causes to the existing five for revoking or
suspending licenses.
8. Increases from 30 to 75 days the time period that license
holders must furnish the names of solicitors and servicemen to the
Director and provides additional statutory restraints on issuance
of identification cards to servicemen, solicitors, estimators, or
agents.
9. Repeals a “grandfather” clause in the original act. (Those
in business six months prior to July 1, 1955).
10. Adds a new section (106-65.36) on intergovernmental coopera-
tion authorizing formal agreements with other agencies (State or Federal)
for enforcement purposes.
House Bill No. lO 7 SW authorizes the Department of Agriculture
to regulate the production, sale, use, and distribution of biological
organisms under a newly created statute entitled “North Carolina
Biological Organism Act.”
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3
While the Act is somewhat in the nature of a “quarantine” law,
it is much broader. Of interest in this Note is the provision that
“... the Board is authorized to cause use of pesticides) parasites,
predators, pheromones, genetic materials, and other control techniques
which are consistent with pesticide, environmental, and other laws
applicable in the State...
Emerson K. Baker, J. D.
Consult ant
1/
— Approved (ratified) May 8, 1973. Chapter 389, Laws 1973, page 769.
2 N.C. Stat., s 143-434 to 143-470.
J Approved (ratified) May 17, 1973. Chapter 556, Laws 1973, page 741.
N.C. Gen. Stat., $ 106-65.22 to 106-65.36.
— Approved (ratified) May 23, 1973. Chapter 713, Laws 1973, page 721.
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
PESTICIDE LEGISLATIVE NOTES NO. 73-19
October 1973
Illinois grants additional authority to Interagency Committee
on Pesticides .
Senate Bill No 0 1177!! approved July 18, 1973, authorizes the
Committee to:
cooperate with, receive grants-in-aid from, and enter into
cooperative agreements with any agency of the federal government, of
this State or its subdivisions, or with any agency of another State,
in order:
(1) To secure uniformity of regulations;
(2) To enter into cooperative agreements with the federal EPA to
register pesticides under the authority of the Federal Insecticide,
Fungicide, and Rodenticide Act and applicable Acts of the State of
Illinois;
(3) To cooperate in the enforcement of the Federal Pesticide
Control Laws through the use of State and federal personnel and
facilities and to implement cooperative enforcement programs includ-
ing, but not li iiited to, the registration and inspection of establish-
ments;
(4) To enter into contracts with other agencies including federal
agencies for the purpose of training pesticide dealer managers and pesti-
cide management consultants.”
“The Department of Agriculture is designated as the State Agency
responsible to accept and receive grants-in-aid from federal government.
The Director of the Department of Agriculture as authorized by the inter-
agency committee shall execute agreements and contracts as chairman of
the interagency committee on pesticides.”
Emerson R . Baker, J. D.
Consultant
1” Public Act 78-196, Laws 1973; New Laws, page 47.
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
PESTICIDE LEGISLATIVE NOTES NO. 73-20
November 1973
Oregon repeals, consolidates and re-enacts pesticide laws
Senate Bill No, 106, approved July 23, 197311, repeals the
“Oregon Pesticide Applicators Law” (ORS 573 (1971 replacement
part)] and the registration law (standards and labels for agri-
Cultural chemicals (ORS 634) (1971 replacement part)] and enacts
a “State Pesticide Control Act,” covering both registration and
use and application of pesticides.
The Act adds definitions for a few new terms; such as private
applicator, pesticide consultant, pesticide dealer, public appli-
cator, public trainee and restricted-use pesticides (the latter
term was not previously defined, but authority existed to “classify”
pesticides).
The new Act requires additional information from persons who
wish to use pesticides for experimental purposes. It grants exemption
to “experiments or research carried on in greenhouses,” and to State
and Federal agencies.
The Act re-establishes the Committee on Synthetic Chemicals in
the Environment. This Committee consists of 12 members, 11 of whom
are appointed by the Governor:
(a) One member shall represent the department (Agriculture).
(b) One member each shall be appointed from the State Forestry
Department> the State Game Commission, and the State Department of
Geology and Mineral Industries.
(c) One member shall represent the Health Division of the
Department of Human Resources.
(d) One member shall represent the Department of Environmental
Quality.
1 Chapter 341, Laws 1973; 1973 New Laws, page 1819.
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(e) One member shall represent the State’s Public Utility
Commissioner or Department of Transportation.
(f) One member shall represent the Environmental Health
Sciences Center of Oregon State University.
(g) One member shall represent the pesticide chemical
industry.
(h) Two members shall represent the public at large.
(i) One member shall represent the emergency service agencies
of the State.
The section on registration now includes devices. The former
registration fees based on a sliding scale have been changed to
authorize a fee of “ ... not to exceed $40.00 for each ... brand, or
each formula ...“ Expanded authorities have been granted in restric-
ting pesticide registration and use, and the former reference to the
United States Department of Agriculture has been changed to Federal
Government.
Section 10 of the Act recognizes Federal (FIFRA) preemption of
labeling requirements for pesticide registration.
The Act incorporates provisions for establishment of tolerances
for pesticide chemical residues in or on raw agricultural commodities
and by reference ties this section to the State Food Law [ ORS 616.235
(1) (b)].
The Act provides authority to examine and license pesticide con-
sultants, dealers, operators, applicators, and trainees, and to
establish and maintain a system for certification of private appli-
cators ...“ License fees may be established by regulation but may
not exceed specific amounts set by law. Pesticide operators are re-
quired to prepare certain records and to maintain them for at least
3 years.
There are provisions for filing a report of loss arising out of
the use or application of pesticides with the Department of Agricul-
ture, and for the Department to make an investigation.
The new law carries forward all existing “protected and restricted
areas” and provides for establishing and administering new ones.
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Considerable latitude is granted the department to “ •.. pron ul-
gate regulations necessary to carry out the purpose and intent of
this 1973 Act ...
Emerson R. Baker, J. D.
Consultant
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U,. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
PESTICiDE LEGISLATIVE NOTES NO. 73-21
November 1973
Maryland revises, restates, and recodifles Agricultural Code .
Senate Bill 2(X), approved September 5, 197311, pertains to a
reworking of State agricultural laws, including those dealing with
organization, structure, operations, duties, and authorities of the
Department of Agriculture. Of concern in this Note are the revisions
in the pesticide laws.
The Act places both the registration law (previously titled
“ t ary1and Pesticide and Labeling Law” ) and the Pesticide Applicators
Law under Title 5, each law having a separate subtitle. The signifi-
cance of this action is that pesticide control is now in “one agency.”
On January 1, 1973, the State changed its organizational pattern
from a Board of Agriculture to a Department of Agriculture, with the
Secretary being a cabinet level official appointed by the Governor.
Some of the changes proposed in the “revisors’ notes” and enacted
by the legislature are:
1. “... reference to specific departments of State and federal
government is proposed for deletion and a general reference
to State and federal agencies ... is substituted ...“ The
previous act listed, by name, several agencies, some of
whom presently have no statutory authority relating to pesti-
cide control. Frequent reorganizations in government result
in authorities being moved from one agency to another and hence
reference by name is undesirable. The more general statement
“... any State or federal agency, authorized by law ...“ (to do
certain things, conduct research, etc.) is preferable in drafting
legislation. A number of State registration laws still authorize
the Commissioner of Agriculture (or other responsible State offi-
cial) to cooperate with the U. S. Department of Agriculture
(rather than EPA) in pesticide enforcement activities, or to
1973 New Laws, page 15; Chapter 6, Laws 1973.
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adopt, by reference, regulations of USDA relating to regis-
tration and control of pesticides 0 Since USDA no longer has
authority or responsibility for functions under the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended, such
specific language could present technical legal problems
under certain circumstances.
2. ‘... the provisions that permit the department to refuse,
suspend, or cancel registration for any pesticide that
‘does not appear’ to warrant the claims made for it, is
proposed for deletion. These provisions are revised to
permit the department to refuse, suspend, or cancel regis-
tration for any pesticide the department determines does
not comply with the statute...”
3. “... the present provisions referring to this law as the
Act ‘ of 1958 ’ is proposed for deletion as unnecessary.
This is the only pesticide law in the State 00 .” The re-
visors’ point is well taken with regard to basic law, but
it should also be kept in mind that many legislative drafts-
men prefer that amendments to these basic laws contain the
year of the amending act in their titles, e.g., FIFRA, as
amended (by the Federal Environmental Pesticide Control Act
of 1972).
4. It is interesting to note that Section 5-305 of the new Act
changes the word airplane, to aircraft, with the revisors’
note as follows: aircraft is substituted in order to
include helicoptors. The Random House Dictionary of the
English Language defines airplane as having fixed wings and
thus the definition does not (did not) include helicoptors.. .”
Bill drafters should make frequent use of standard dictionaries,
because courts will oftentimes do so in determining the meaning
of terms not otherwise defined in the statute.
Emerson R. Baker, J. D.
Consultant
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
PESTICIDE LEGISLATIVE NOTES NO. 73-22
November 1973
California amends code to authorize expenditures for pesticide
researth
Assembly Bill No. 2302, approved October 1, 19731”, amends
Sections 12784 and 12841 of the Food and Agriculture Code to
authorize the director of the Department of Agriculture to ex-
pend funds for “... research into pesticides and farmworker
safety...” (in addition to funding of administrative and en-
forcement activities of the economic poison law).
Section 12841 now reads “... each registrant (a person who
has registered a pesticide and received a certificate of regis-
tration or license) shall pay to the director an assessment not
to exceed eight mills ($O.008) per dollar of sales for all sales
of his registered and labeled economic poisons for use in this
State... The director may reduce the assessment if he determines
that a lesser assessment rate, together with other available funds,
will provide adequate revenue to enforce... (the act).., and (provide)
funding of research into pesticides and farmworker safety.”
Emerson R. Baker, J. D.
Consultant
Chapter 894, Laws 1973; 1973 New Laws, page 1257.
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U. S. ENVIRONMENTAL PROTECTION AGENCY
OPERATIONS DIVISION
PESTICIDE LEGISLATIVE NOTES NO. 73-23
Novether 1973
Massachusetts amends the Pesticide Board’s licensing authority
(use md 4plfcàtfóxf li i) - -
House Bill No. 6644, approved October 15, 1973.!’, amends
paragraph 1 of Section 2lC by:
1. Requiring “ ... a person who applies pesticides in, on,
or under any structure, whether on the land of another
or not ..,“ to be licensed. The previous statute exempted
such a person from licensing provisions of the law.
2. The exemption of farmers from licensing provisions con-
tinues but is restated as follows: “ ... the Board shall
not require a farmer who makes application of pesticides
to land or buildings reasonably related thereto, owned
or controlled by him for his own agricultural purposes to
be licensed, but the Board may require that such farmer
shall file ... a statement (affidavit) ... that he (will
use only registered pesticides and only in accordance
with label directions) ...“
This act does not change the Board’s authority to “ ... adopt
rules and regulations relating to the application and use of pesticides
as it may deem necessary ...“ This is a broad grant of authority from
the legislature and presumably would be sufficient to permit examina-
tion and certification of private applicators (to meet requirements
of Section 4, FIFRA). Regulation 2.5.3, of the Board - - Use by Permit
Only -- requires permits for use of certain pesticides by any person.
Emerson R. Baker, J. D.
Consultant
1 ”Chapter 910, Laws 1973; 1973 New Laws, page 915. See Acts, 1962.
Chapter 521, an Act establishing a Pesticide Board in the Depart-
ment of Public Uealth and regulating the application of pesticides
in the Commonwealth.
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