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REFERENCE TITLE: pesticides; restricted sale and use |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1289 |
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Introduced by Senators Dalessandro: Alston, Bradley, Contreras, Gonzales, Mendez, Navarrete, Peshlakai, Quezada, Rios, Steele; Representative Salman
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AN ACT
Amending Title 3, chapter 2, article 5, Arizona Revised Statutes, by adding section 3‑342; amending section 3‑362, Arizona Revised Statutes; relating to pesticides.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 3, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 3-342, to read:
3-342. Neonicotinoid pesticides; sale and use: violation; classification; exceptions; definitions
A. A person may not sell a neonicotinoid pesticide in this state unless the person is licensed to sell a restricted use pesticide.
B. A person may not use a neonicotinoid pesticide in this state unless the person is:
1. A certified applicator or a person working under the supervision of a certified applicator.
2. A farmer, or a person working under the supervision of a farmer, that uses a neonicotinoid pesticide for agricultural purposes, including producing crops, livestock, poultry, equine or noncrop agricultural fields.
3. A veterinarian.
C. A violation of this section is a class 3 misdemeanor.
D. This section does not apply to:
1. Pet care products used to mitigate fleas, mites, ticks, heartworms or other pests that are harmful to the health of a domesticated animal.
2. Personal care products used to mitigate lice and bedbugs.
3. Indoor pest control products used to mitigate insects indoors, including ant bait.
E. For the purposes of this section:
1. "Certified applicator" has the same meaning prescribed in section 3‑3601.
2. "Neonicotinoid pesticide" means any pesticide that contains a chemical belonging to the neonicotinoid class of chemicals, including:
(a) Imidacloprid.
(b) Nithiazine.
(c) Acetamiprid.
(d) Clothianidin.
(e) Dinotefuran.
(f) Thiacloprid.
(g) Thiamethoxam.
(h) Any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
3. "Restricted use pesticide" has the same meaning prescribed in section 3‑361.
Sec. 2. Section 3-362, Arizona Revised Statutes, is amended to read:
3-362. Powers and duties
A. The director is responsible for administering this article and shall:
1. Conduct investigations, on receiving a complaint and on his the director's own initiative, regarding violations of this article and compile information necessary to administer this article.
2. Take timely action necessary to enforce this article against violators, including seeking injunctive relief and other penalties and sanctions authorized by this article.
3. Publish a list of pesticides, by common and proprietary names, which that the director determines to be highly toxic, or odoriferous, such as profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics, or that are otherwise appropriate for inclusion and shall include in that list paraquat and gramoxone.
4. Submit to the United States environmental protection agency a state plan for issuing, monitoring, and controlling experimental use permits pursuant to section 5 of the federal insecticide, fungicide, and rodenticide act (7 United States Code section 136c(f)).
5. incorporate pollinator habitat expansion and enhancement practices into this state's managed pollinator protection developed plan in coordination with the United States environmental protection agency.
5. 6. Develop systems and procedures to encourage and ensure public contact with the department, which may include:
(a) A telephone hotline for pesticide complaints, which that is operated and publicized by the department.
(b) Outreach and education programs to inform the general public and solicit input regarding pesticide use and public health, safety and the environment.
B. The director may enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3 if the agreement is necessary to more effectively administer the powers and duties described in this article.
Sec. 3. Arizona department of agriculture; pesticide laws and regulations; report; delayed repeal
A. The Arizona department of agriculture shall:
1. Review this state's pesticide laws and regulations and recommend any changes necessary to ensure that state laws and regulations are protective of pollinators.
2. Address the United States environmental protection agency recommendations from the risk assessment for the neonicotinoid pesticides imidacloprid, clothianidin, thiamethoxam and dinotefuran.
3. Submit a report of the department's findings and recommendations on or before July 1, 2021 to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
B. This section is repealed from and after September 30, 2022.
Sec. 4. Effective date
This act is effective from and after December 31, 2020.