COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 413

(By Senator D. Hall)

____________

[Originating in the Committee on Agriculture and Rural Development;

reported February 24, 2015.]

____________

A BILL to amend and reenact §19-16A-12 of the Code of West Virginia, 1931, as amended, relating to pesticide control; and requiring certain additional requirements for commercial applicators.

Be it enacted by the Legislature of West Virginia:

            That §19-16A-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.

§19-16A-12. Private and commercial applicator's license and certificate; registered technician certificate.

            (a) Application for a private or commercial applicator's license shall be made in writing to the commissioner on forms approved or supplied by the commissioner. Each application shall contain:

            (1) The full name of the person applying for the license;

            (2) The principal business address of the applicant;

            (3) A listing of agricultural commodities produced or to be produced by the applicant applying for a private applicator's license;

            (4) Any other necessary information prescribed by the commissioner; and

            (5) Payment of required fees.

            (b) The commissioner may renew any applicant's license under each classification for which such applicant is licensed. However, the applicant may, at no greater than three-year intervals, be required to present evidence or documentation indicating he or she has attended a workshop or training session approved by the commissioner.

            (c) No private applicator may use any restricted-use pesticide which is restricted to use by certified applicators without having first complied with the certification requirements determined by the commissioner as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other persons, for that specific pesticide use.

            (d) As a minimum requirement for certification, a private or commercial applicator must show that he or she possesses a practical knowledge of the pest problems and pest control practices associated with his or her agricultural operations, proper storage, use, handling and disposal of the pesticides and containers and his or her related legal responsibility. This practical knowledge includes ability to:

            (1) Recognize common pests to be controlled and damage caused by them;

            (2) Read and understand the label and labeling information including the common name of pesticides he or she uses; the crop, animal or site to which they will be applied; pests to be controlled; timing and methods of application; safety precautions; any preharvest or reentry restrictions; and any specified disposal procedures;

            (3) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances, taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;

            (4) Recognize local environmental situations that must be considered during application to avoid contamination; and

            (5) Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

            (e) If the commissioner does not certify the private or commercial application under this section, he or she shall inform the applicant in writing of the reasons therefor.

            (f) Any written examinations required of private or commercial applicators may not be more stringent than the requirements for such examinations by the United States Environmental Protection Agency.

            (g) A licensed commercial applicator must be continuously active working as an applicator or otherwise retest; and have two years of relevant experience, a relevant degree or certification or a combination thereof.