ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1221
structural pest control; licensure exemption
Purpose
Exempts persons conducting lawn, garden, shrub or tree maintenance who apply herbicides for the purpose of weed control from Structural Pest Control Commission licensure, subject to specified requirements.
Background
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides the basis for regulation, sale, distribution and use of pesticides in the United States. FIFRA authorizes the U.S. Environmental Protection Agency to review and register pesticides for specified uses and to regulate pesticide use through labeling and packaging.
Pesticide products are labeled for either general use or restricted use. Restricted use pesticides may only be applied by a certified pesticide applicator or under direct supervision of a certified applicator. The label of a restricted use pesticide is required to have the statement “Restricted Use Pesticide” on the front panel. Additionally, each pesticide product is required to bear on the front panel a signal word, reflecting the highest toxicity category to which the product is assigned. Any pesticide product meeting the criteria of toxicity category I , the highest level of toxicity, is required to bear the signal word “DANGER” on the front panel. For toxicity level II, the pesticide must be labeled with the signal word “WARNING” and for toxicity levels III and IV, the pesticide must bear the signal word “CAUTION.”
The Structural Pest Control Commission (SPCC) regulates the commercial pest control industry. “Structural pest control” is the control of public health pests, aquatic pests, household pests, wood-destroying insects, fungi or other pests, including weeds, that exist near or around structures, in ornamental shrubs and trees, on golf courses, along rights-of-way or in lawns or cemeteries and all pesticide application that could be harmful to public health or the environment. SPCC licenses commercial pest control businesses in Arizona and the pesticide applicators and inspectors employed by these companies. SPCC enforces federal and state laws governing pesticide use and storage.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts persons who conduct lawn, garden, shrub or tree maintenance and who apply herbicides for the purpose of weed control from SPCC licensure.
2. States the exemption does not apply to:
a) the use of herbicides that are labeled with the words “restricted use” or “danger” and that are not commercially available to the general public.
b) the use of sterilants.
c) persons who offer weed control as their primary service.
d) persons who use application equipment that holds more than eight gallons of total mixed liquid herbicide.
e) persons who use more than 25 pounds of a nonliquid herbicide.
f) persons who do not follow label directions.
g) applications on school property.
3. Requires an exempted person to provide a treatment record to each customer regarding the application of the herbicide and to retain a copy of the record.
4. Specifies penalties if a person does not comply with the treatment record requirements or applies an herbicide for the purpose of weed control without a license and is not exempt from licensure.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Applies the exemption from licensure to persons conducting lawn, garden, shrub or tree maintenance for the purpose of weed control, instead of a person conducting outdoor terrestrial weed control.
2. Excludes the uses of herbicides that are labeled with the word “danger” or soil sterilants from being used by persons who fall under the exemption.
Amendments Adopted by Committee of the Whole
· Excludes a person who offers weed control as their only service from the exemption.
Amendments Adopted by House of Representatives
1. Specifies additional situations that do not apply for the exemption.
2. Requires a person who is exempted to provide a treatment record to each customer regarding the application of the herbicide and requires the person to retain a copy of such record.
3. Specifies penalties.
4. States the exemption does not apply to the use of sterilants, as opposed to soil sterilants.
Senate Action House Action
CED 2/1/06 DPA 8-0-0-0 COM 3/1/06 DP 8-1-0-0
3rd Read 2/16/06 21-6-3-0 3rd Read 5/1/06 31-21-8-0
Final Read 5/2/06 21-7-2-0
Signed by the Governor 5/8/06
Chapter 263
Prepared by Senate Research
May 12, 2006
BP/LH/jas