Bill Text: IA SF2290 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to incidents involving pesticide contamination, including by providing for reporting, testing, and analysis. (Formerly SSB 3125.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-09 - Subcommittee, Schoenjahn, Dvorsky, and Rozenboom. S.J. 464. [SF2290 Detail]

Download: Iowa-2015-SF2290-Introduced.html

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Senate File 2290 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON NATURAL
                                     RESOURCES AND
                                     ENVIRONMENT

                                 (SUCCESSOR TO SSB
                                     3125)

                                      A BILL FOR

  1 An Act relating to incidents involving pesticide contamination,
  2    including by providing for reporting, testing, and analysis.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 206.14, subsection 2, Code 2016, is
  1  2 amended to read as follows:
  1  3    2.  Any person claiming damages from a pesticide application
  1  4 shall have filed file with the secretary on a form prescribed
  1  5 by the secretary a written statement report claiming that the
  1  6 person has been damaged.
  1  7    a.  This report shall have been filed within sixty days
  1  8 after the alleged date that damages occurred. If a growing
  1  9 crop is alleged to have been damaged, the report must be filed
  1 10 prior to the time that twenty=five percent of the crop has been
  1 11 harvested. Such statement report shall contain, but shall not
  1 12 be limited to the name of the person allegedly responsible for
  1 13 the application of said pesticide, the name of the owner or
  1 14 lessee of the land on which the crop is grown and for which
  1 15 damage is alleged to have occurred, and the date on which the
  1 16 alleged damage occurred.
  1 17    b.  The secretary shall prepare a form to be furnished to
  1 18 persons to be used in such cases and such form shall contain
  1 19 such other requirements as the secretary may deem proper.  The
  1 20 secretary shall allow such forms to be completed and filed with
  1 21 the department via the department's internet site.
  1 22    c.  The secretary shall, upon receipt of such statement a
  1 23 report, notify the licensee and the owner or lessee of the land
  1 24 or other person who may be charged with the responsibility of
  1 25 the damages claimed, and furnish copies of such statements
  1 26  report as may be requested. The secretary shall inspect
  1 27 damages whenever possible and when if the secretary determines
  1 28 that the complaint has sufficient merit. the The secretary
  1 29 shall collect samples for testing and analysis of the presence
  1 30 of the reported pesticides.  The secretary shall deliver the
  1 31 samples to the state hygienic laboratory at the university of
  1 32 Iowa for testing and analysis.  The laboratory shall forward
  1 33 its analysis to the secretary.  The secretary shall make
  1 34 such information regarding the inspection and any analysis
  1 35 performed by the state hygienic laboratory available to the
  2  1 person claiming damage and to the person who is alleged to
  2  2 have caused the damage.  The secretary shall contract with the
  2  3 university of Iowa to reimburse the university for the actual
  2  4 costs incurred by the hygienic laboratory to perform tests and
  2  5 prepare analyses as described in this paragraph.
  2  6                           EXPLANATION
  2  7 The inclusion of this explanation does not constitute agreement with
  2  8 the explanation's substance by the members of the general assembly.
  2  9    GENERAL.  This bill amends the "Pesticide Act of Iowa" (Code
  2 10 chapter 206) relating to incidents involving a person claiming
  2 11 damages from a pesticide application. The provisions are
  2 12 administered and enforced by the department of agriculture and
  2 13 land stewardship (DALS) under the authority of the secretary of
  2 14 agriculture (secretary).
  2 15    REPORTING.  The bill provides that an allegation of an
  2 16 incident may be reported to the secretary via the internet.  It
  2 17 also provides that when investigating a report, the secretary
  2 18 must collect samples for testing and analysis of the presence
  2 19 of the reported pesticides for delivery to the state hygienic
  2 20 laboratory at the university of Iowa. The laboratory must
  2 21 forward its analysis to the secretary who must make information
  2 22 regarding the inspection and the analysis available to both
  2 23 parties.  The secretary is also required to contract with the
  2 24 university of Iowa to reimburse the state hygienic laboratory
  2 25 for costs incurred to perform tests and prepare the analyses.
  2 26    BACKGROUND.  A pesticide is any substance used to prevent,
  2 27 destroy, repel, or mitigate damages caused by insects, rodents,
  2 28 nematodes, fungi, weeds, or other forms of plant or animal life
  2 29 or viruses; and includes any substance used as a plant growth
  2 30 regulator, defoliant, or desiccant (Code section 206.2). A
  2 31 person claiming damages from a pesticide application must file
  2 32 a report with DALS, which then may conduct an investigation of
  2 33 the matter (Code section 206.14). DALS may establish, assess,
  2 34 and collect civil penalties for violations by commercial
  2 35 applicators for an amount not to exceed $500 for each offense
  3  1 (Code section 206.19).
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