Pesticides.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0160

ENROLLED ACT NO. 80, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
pesticides; providing for direct supervision by licensed applicators; providing definitions; providing
rulemaking authority
for reciprocal agreements; providing penalties;
limiting local regulation of pesticides;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
‑
7
‑
376
is created to read:

35
‑
7
‑
376.

Direct
s
upervision.

(a)

As used in this section, unless otherwise prescribed by its labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available
within a reasonable time and distance
, even though the certified applicator is not physically present at the time and place the pesticide is applied.

(b)

All pesticide applications made for hire shall be under the direct supervision of a certified commercial applicator. All applications of restricted use pesticide shall be made under the direct supervision of a certified applicator.
A
vailability of the certified applicator
shall
be directly related to the
potential
hazard of the situation. The certified applicator
shall
be:

(i)

A
vailable by immediate contact
through telephone or radio; or

(ii)

P
hysically present on-site when use of the pesticide poses a potentially serious hazard to people or the environment.

(c)

As used in this section:

(i)

Reasonable time by the supervising applicator to on
-
site is
deemed to be
no
t
more than one (1) hour response time
;

(ii)

R
easonable distance by the supervising applicator to on
-
site is
deemed to be
no
t
more than
fifty (
50
) air miles.

Section 2
.

W.S. 35
‑
7
‑
354
(d)(ii), (iii)
,
by
creating
a new paragraph (iv) and by
creating
new subsections (f) through (j)
, 35
‑
7
‑
359
by
creating
new subsections (b) through (d)
, 35
‑
7
‑
362, 35
‑
7
‑
366
by
creating
a new subsection (d)
and 35
‑
7
‑
374
(a)(iv)(intro)
and by creating a new subsection (c)
are amended to read:

35
‑
7
‑
354.

Definitions.

(d)

"Pesticide" means:

(ii)

Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;

and

(iii)

Any substance or mixture of substances intended to be used as a spray adjuvant
;
.

and

(iv)

Any other pesticide product or substance whether general use, restricted use, registered, suspended or cancelled, which by the label or portions thereof clearly show it is used or has been used as a pesticide.

(f)

"Dealer
"
or
"
d
istributor"
means any person who imports, consigns, distributes, offers to sell or sells, barters or otherwise supplies pesticides in this state.
A
dea
ler or distributor may also be a
registran
t.

(g)

"Director"
means the director of the department of agri
culture or his authorized agent.

(h)

"Label" means a display of written, printed or graphic matter upon or affixed to the immediate container of any pesticide, or a reference within such disp
lay to other information.

(j)

"Official sample" means
any sample of a pesticide, degra
date or residue
taken by and designated as official by the director
.

35
‑
7
‑
359.

Classification of licenses.

(b)

A commercial applicator shall notify the department of any change of address or change of employment within thirty (30) days of that change.

(c)

The director may refuse an application for a reciprocal license for just cause including, but not limited to:

(i)

An incomplete or falsified application;

(ii)

A prior violation related to pesticides in this state or another state.

(d)

The director may immediately suspend a reciprocal license upon discovery of any violation under subsection (c) of this section. The director may reinstate a license suspended under this subsection following a hearing pursuant to the Wyoming Administrative Procedure Act.

35
‑
7
‑
362.

Reciprocal agreement.

The director may issue a license or certification on a reciprocal basis with other states without examination to a nonresident who is licensed, or certified, in another state substantially in accordance with the provisions of this act but financial security as provided for in W.S. 35
‑
7
‑
360
or proof of liability insurance

shall be submitted by nonresident commercial applicators.

The department shall, by rule and regulation, establish criteria for reciprocity including, but not limited to, formal agreements with other states, residency, categories and examination. The director is authorized to adopt additional rules and regulations necessary to implement this section.

35
‑
7
‑
366.

Penalties.

(d)

If the department incurs fees or other expenses to remediate a violation by an applicator, the department may seek restitution from the applicator or the applicator’s employer through a court of competent jurisdiction.

35
‑
7
‑
374.

Prohibited acts.

(a)

It is unlawful for any person to:

(iv)

Use any
registered

pesticide in a manner inconsistent with its labeling which means to use any
registered

pesticide in a manner not permitted by the labeling, or not authorized by the director under a special local need registration, an experimental use permit or an emergency exemption, provided that this paragraph does not include:

(c)

Except as otherwise provided by the Wyoming Environmental Pesticide Control Act of 1973, no political subdivision of this state shall adopt or enforce any ordinance, resolution, rule or regulation regarding pesticides storage, sale, distribution, notification of use, or use
that is more stringent than the Wyoming Environmental Pesticide Control Act of 1973 or rules promulgated thereunder.

Section 3.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1