Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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74 27 date, which is the earlier of the following:

74 28 a. (a) The revocation, termination, or cancellation of

74 29 the license of the grain dealer or warehouse operator.

74 30 b. (b) The filing of a petition in bankruptcy by a

74 31 licensed grain dealer or licensed warehouse operator.

74 32 (2) To be timely, a claim shall be filed within one

74 33 hundred twenty days of the incurrence date.

74 34 Sec. 83. Section 206.5, subsections 2, 3, and 7, Code

74 35 2009, are amended to read as follows:
Senate File 446 - Introduced continued
75 1 2. The secretary shall adopt, by rule, requirements for

75 2 the examination, reexamination, and certification of

75 3 applicants.

75 4 3. 2. a. A commercial applicator shall choose between a

75 5 one=year certification for which the applicator shall pay a

75 6 thirty dollar fee or a three=year certification for which the

75 7 applicator shall pay a seventy=five dollar fee. A public

75 8 applicator shall choose between a one=year certification for

75 9 which the applicator shall pay a ten dollar fee or a

75 10 three=year certification for which the applicator shall pay a

75 11 fifteen dollar fee. A private applicator shall pay a fifteen

75 12 dollar fee for a three=year certification.

75 13 b. To be initially certified as a commercial, public, or

75 14 private applicator, a person must complete an educational

75 15 program which shall consist of an examination required to be

75 16 passed by the person. After initial certification the

75 17 commercial, public, or private applicator must renew the

75 18 certification by completing the educational program which

75 19 shall consist of either an examination or continuing

75 20 instructional courses. The commercial, public, or private

75 21 applicator must pass the examination each third year following

75 22 initial certification or may elect to attend two hours of

75 23 continuing instructional courses each year.

75 24 The department shall adopt rules providing for the program


75 25 requirements which shall at least include the safe handling,

75 26 application, and storage of pesticides, the correct

75 27 calibration of equipment used for the application of

75 28 pesticides, and the effects of pesticides upon the

75 29 groundwater. The department shall adopt by rule criteria for

75 30 allowing a person required to be certified to complete either

75 31 a written or oral examination. The department shall

75 32 administer the instructional courses, by either teaching the

75 33 courses or selecting persons to teach the courses, according

75 34 to criteria as provided by rules adopted by the department.

75 35 The department shall, to the extent possible, select persons
Senate File 446 - Introduced continued
76 1 to teach the courses in each county. The department is not

76 2 required to compensate persons selected to teach the courses.

76 3 In selecting persons, the department shall rely upon

76 4 organizations interested in the application of pesticides,

76 5 including associations representing pesticide applicators and

76 6 associations representing agricultural producers. The Iowa

76 7 cooperative extension service in agriculture and home

76 8 economics of Iowa state university of science and technology

76 9 shall cooperate with the department in administering the

76 10 instructional courses. The Iowa cooperative extension service

76 11 may teach courses, train persons selected to teach courses, or

76 12 distribute informational materials to persons teaching the

76 13 courses.

76 14 c. 3. A commercial, public, or private applicator is not

76 15 required to be certified to apply pesticides for a period of

76 16 twenty=one days from the date of initial employment if the

76 17 commercial, public, or private applicator is under the direct

76 18 supervision of a certified applicator. For the purposes of

76 19 this section, "under the direct supervision of" means that the

76 20 application of a pesticide is made by a competent person

76 21 acting under the instructions and control of a certified

76 22 applicator who is physically present, by being in sight or

76 23 hearing distance of the supervised person.

76 24 7. a. The secretary shall adopt, by rule, requirements


76 25 for the examination, reexamination, and certification of

76 26 applicants.

76 27 b. The department shall adopt rules providing for the



76 28 program requirements which shall at least include the safe

76 29 handling, application, and storage of pesticides, the correct

76 30 calibration of equipment used for the application of

76 31 pesticides, and the effects of pesticides upon the

76 32 groundwater.

76 33 (1) The department shall adopt by rule criteria for



76 34 allowing a person required to be certified to complete either

76 35 a written or oral examination.
Senate File 446 - Introduced continued
77 1 (2) The department shall administer the instructional

77 2 courses, by either teaching the courses or selecting persons

77 3 to teach the courses, according to criteria as provided by

77 4 rules adopted by the department. The department shall, to the

77 5 extent possible, select persons to teach the courses in each

77 6 county. The department is not required to compensate persons

77 7 selected to teach the courses. In selecting persons, the


77 8 department shall rely upon organizations interested in the

77 9 application of pesticides, including associations representing

77 10 pesticide applicators and associations representing

77 11 agricultural producers.

77 12 (3) The Iowa cooperative extension service in agriculture



77 13 and home economics of Iowa state university of science and

77 14 technology shall cooperate with the department in

77 15 administering the instructional courses. The Iowa cooperative

77 16 extension service may teach courses, train persons selected to

77 17 teach courses, or distribute informational materials to

77 18 persons teaching the courses.

77 19 c. The secretary may adopt rules to provide for license

77 20 and certification adjustments, including fees, which may be

77 21 necessary to provide for an equitable transition for licenses

77 22 and certifications issued prior to January 1, 1989. The rules

77 23 shall also include a provision for renewal of certification

77 24 and for a thirty=day renewal grace period.

77 25 d. The secretary shall also adopt rules which allow for an

77 26 exemption from certification for a person who uses certain

77 27 services and is not solely a pesticide applicator, but who

77 28 uses the services as an incidental part of the person's

77 29 duties.

77 30 Sec. 84. Section 206.8, subsections 2 through 4, Code

77 31 2009, are amended to read as follows:

77 32 2. A pesticide dealer shall pay by June 30 of each year to

77 33 the department an annual license fee based on the gross retail

77 34 sales of all pesticides sold for use in this state by the

77 35 dealer in the previous year. The license fee shall be set as


Senate File 446 - Introduced continued
78 1 follows:

78 2 a. (1) A pesticide dealer with less than one hundred

78 3 thousand dollars in gross retail pesticide sales shall have

78 4 the option to pay a license fee based on one=tenth of one

78 5 percent of the gross retail pesticide sales in the previous

78 6 year or to pay a license fee according to the following:

78 7 (1) (a) Twenty=five dollars, if the annual gross retail

78 8 pesticide sales are less than twenty=five thousand dollars.

78 9 (2) (b) Fifty dollars, if the annual gross retail

78 10 pesticide sales are twenty=five thousand dollars or more but

78 11 less than fifty thousand dollars.

78 12 (3) (c) Seventy=five dollars, if the annual gross retail

78 13 pesticide sales are fifty thousand dollars or more but less

78 14 than seventy=five thousand dollars.

78 15 (4) (d) One hundred dollars, if the annual gross retail

78 16 pesticide sales are seventy=five thousand dollars or more but

78 17 less than one hundred thousand dollars.

78 18 (2) The secretary shall provide for a three=month grace

78 19 period for licensure and shall impose a late fee of ten

78 20 dollars upon the licensure of a dealer applying for licensure

78 21 during the month of October, a late fee of fifteen dollars

78 22 upon the licensure of a dealer applying for licensure during

78 23 the month of November, a late fee of twenty=five dollars upon

78 24 the licensure of a dealer applying for licensure during the

78 25 month of December, and a late fee of twenty=five dollars upon

78 26 the licensure of a dealer applying for licensure for each

78 27 month after the month of December.

78 28 b. (1) A pesticide dealer with one hundred thousand

78 29 dollars or more in gross retail pesticide sales shall pay a

78 30 license fee based on one=tenth of one percent of the gross

78 31 retail pesticide sales in the previous year.

78 32 (2) The secretary shall provide for a three=month grace

78 33 period for licensure and shall impose a late fee of two

78 34 percent of the license fee upon the licensure of a dealer

78 35 applying for licensure during the month of October, a late fee

Senate File 446 - Introduced continued
79 1 of four percent of the license fee upon the licensure of a

79 2 dealer applying for licensure during the month of November, a

79 3 late fee of five percent of the license fee upon the licensure

79 4 of a dealer applying for licensure during the month of

79 5 December, and a late fee of five percent upon the licensure of

79 6 a dealer applying for licensure for each month after the month

79 7 of December.

79 8 3. Up to twenty=five dollars of each annual license fee

79 9 shall be retained by the department for administration of the

79 10 program, and the remaining moneys collected shall be deposited

79 11 in the agriculture management account of the groundwater

79 12 protection fund.

79 13 3. This section shall not apply to either of the

79 14 following:

79 15 a. A pesticide applicator who applies pesticides which are



79 16 owned and furnished to the pesticide applicator by another

79 17 person, if the pesticide applicator does not charge for the

79 18 sale of the pesticides.

79 19 b. A federal, state, county, or municipal governmental


79 20 entity which provides pesticides only for its own programs.

79 21 4. Application for a license required for manufacturers

79 22 and distributors who are not engaged in the retail sale of

79 23 pesticides shall be accompanied by a twenty=five dollar fee

79 24 for each business location within the state required to be

79 25 licensed, and shall be on a form prescribed by the secretary.

79 26 5. This section does not apply to either of the following:

79 27 a. A pesticide applicator who applies pesticides which are



79 28 owned and furnished to the pesticide applicator by another

79 29 person, if the pesticide applicator does not charge for the

79 30 sale of the pesticides.

79 31 b. A federal, state, county, or municipal governmental



79 32 entity which provides pesticides only for its own programs.

79 33 Sec. 85. Section 206.12, subsections 2 through 7, Code

79 34 2009, are amended to read as follows:

79 35 2. The registrant shall file with the department a


Senate File 446 - Introduced continued

80 1 statement containing:

80 2 a. The name and address of the registrant and the name and

80 3 address of the person whose name will appear on the label, if

80 4 other than the registrant.

80 5 b. The name of the pesticide.

80 6 c. An ingredient statement in which the accepted common

80 7 name and percentage by weight of each active ingredient is

80 8 listed as well as the percentage of inert ingredients in the

80 9 pesticides. A separate inert ingredient statement containing

80 10 the common name of each inert ingredient listed in rank order

80 11 according to weight of each inert ingredient in the pesticide

80 12 shall also be submitted to the secretary. Except as required

80 13 by subsection 4 5, the registrant is not required to state the

80 14 percentage composition or specific weight of any inert

80 15 ingredient within a pesticide. The information required by

80 16 this paragraph shall be submitted in a manner and according to

80 17 procedures specified by the secretary.

80 18 Upon written request by the director of the department of


80 19 natural resources, the secretary shall provide a copy of the

80 20 ingredient statement and inert ingredient statement to the

80 21 department. Upon written request by the director of the

80 22 center for health effects of environmental contamination, the

80 23 secretary shall provide a copy of the ingredient statement and

80 24 inert ingredient statement to the center.

80 25 From on and after July 1, 1990, to December 31, 1991, the



80 26 identity of an inert ingredient in a specific pesticide shall

80 27 be treated as a confidential trade secret which is not subject

80 28 to release under chapter 22.

80 29 On and after January 1, 1992, the identity of an inert



80 30 ingredient in a specific pesticide shall be treated as a

80 31 confidential trade secret if the following two conditions are

80 32 met: the registrant states, at the time of registration, that

80 33 the inert ingredient is a confidential trade secret; and the


80 34 registrant certifies one of the following:

80 35 (1) The registrant has provided to any database system


Senate File 446 - Introduced continued
81 1 used by a poison control center operating in this state the

81 2 information required by an attending physician to treat a

81 3 patient for exposure or adverse reaction to the registrant's

81 4 product, including the identification of all ingredients which

81 5 are toxic to humans.

81 6 (2) The registrant operates an emergency information



81 7 system as provided in section 139A.21 that is available to

81 8 poison control centers twenty=four hours a day every day of

81 9 the year. The emergency information system must provide

81 10 information to medical professionals required for the sole

81 11 purpose of treating a specific patient for exposure or adverse

81 12 reaction to the registrant's product, including the

81 13 identification of all ingredients which are toxic to humans,

81 14 and toxicological and medical management information.

81 15 Poison control centers may share the information provided



81 16 by the registrant with an attending physician for the purpose

81 17 of treating a specific patient exposed to the registrant's

81 18 product. The secretary, the director of the department of

81 19 natural resources, and the director of the center for health

81 20 effects of environmental contamination shall treat the

81 21 presence of any inert ingredient in a particular pesticide

81 22 that meets the two conditions as a confidential trade secret

81 23 which is not subject to release under chapter 22. This

81 24 section does not prohibit research or monitoring of any aspect

81 25 of any inert ingredient. This section does not prohibit the

81 26 public disclosure of research, monitoring, published or

81 27 summary data relative to any inert ingredient so long as such

81 28 disclosure does not link an inert ingredient to a particular

81 29 brand of pesticide registered in this state.

81 30 This section shall not be construed to prohibit the release


81 31 of information independently obtained from a source other than

81 32 registrations filed under this chapter which links an inert

81 33 ingredient to a pesticide registered in this state.

81 34 d. A complete copy of the labeling accompanying the

81 35 pesticide and a statement of all claims made and to be made
Senate File 446 - Introduced continued
82 1 for it including directions for use.

82 2 e. A full description of the tests made and results

82 3 thereof upon which the claims are based, if requested by the

82 4 secretary. In the case of renewal or reregistration, a

82 5 statement may be required only with respect to information

82 6 which is different from that furnished when the pesticide was

82 7 registered or last reregistered.

82 8 3. a. Upon written request by the director of the



82 9 department of natural resources, the secretary shall provide a

82 10 copy of the ingredient statement and inert ingredient

82 11 statement to the department. Upon written request by the

82 12 director of the center for health effects of environmental

82 13 contamination, the secretary shall provide a copy of the


82 14 ingredient statement and inert ingredient statement to the

82 15 center.

82 16 b. From on and after July 1, 1990, to December 31, 1991,



82 17 the identity of an inert ingredient in a specific pesticide

82 18 shall be treated as a confidential trade secret which is not

82 19 subject to release under chapter 22.

82 20 c. On and after January 1, 1992, the identity of an inert



82 21 ingredient in a specific pesticide shall be treated as a

82 22 confidential trade secret if the following two conditions are

82 23 met: the registrant states, at the time of registration, that

82 24 the inert ingredient is a confidential trade secret; and the

82 25 registrant certifies one of the following:

82 26 (1) The registrant has provided to any database system



82 27 used by a poison control center operating in this state the

82 28 information required by an attending physician to treat a

82 29 patient for exposure or adverse reaction to the registrant's

82 30 product, including the identification of all ingredients which

82 31 are toxic to humans.

82 32 (2) The registrant operates an emergency information


82 33 system as provided in section 139A.21 that is available to

82 34 poison control centers twenty=four hours a day every day of

82 35 the year. The emergency information system must provide
Senate File 446 - Introduced continued
83 1 information to medical professionals required for the sole

83 2 purpose of treating a specific patient for exposure or adverse

83 3 reaction to the registrant's product, including the

83 4 identification of all ingredients which are toxic to humans,

83 5 and toxicological and medical management information.

83 6 d. Poison control centers may share the information



83 7 provided by the registrant with an attending physician for the

83 8 purpose of treating a specific patient exposed to the

83 9 registrant's product. The secretary, the director of the

83 10 department of natural resources, and the director of the

83 11 center for health effects of environmental contamination shall

83 12 treat the presence of any inert ingredient in a particular

83 13 pesticide that meets the two conditions as a confidential

83 14 trade secret which is not subject to release under chapter 22.

83 15 This section does not prohibit research or monitoring of any

83 16 aspect of any inert ingredient.

83 17 e. This section does not prohibit the public disclosure of




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