Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S516 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1006 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 516
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act governing the use of pesticides containing the herbicide substance glyphosate in the
13	13	Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexMichael O. MooreSecond Worcester2/15/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023 1 of 4
17	17	SENATE DOCKET, NO. 1006 FILED ON: 1/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 516
19	19	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 516) of Jason M. Lewis, Michael O.
20	20	Moore and Rebecca L. Rausch for legislation to govern the use of pesticides containing the
21	21	herbicide substance glyphosate in the Commonwealth. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 575 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act governing the use of pesticides containing the herbicide substance glyphosate in the
30	30	Commonwealth.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 132B of the General Laws is hereby amended by inserting after
34	34	2section 6K the following section:-
35	35	3 Section 6L. (a) No individual shall use a pesticide that contains the herbicide substance
36	36	4Glyphosate, unless the individual is appropriately licensed or authorized by the department
37	37	5pursuant to subsection (b).
38	38	6 The department’s licensure or authorization of an individual to use a pesticide containing
39	39	7said herbicide substance which has been registered as being for general use, shall be required
40	40	8when the pesticide is to be used on any land, whether or not the land is owned or controlled by 2 of 4
41	41	9the individual for any non-agricultural purpose or for the purpose of growing agricultural
42	42	10commodities.
43	43	11 (b) An individual who holds a valid certification, license or permit issued by the
44	44	12department as a certified applicator, commercial applicator, private applicator, licensed
45	45	13applicator or as an appropriate individual authorized by permit, may use a pesticide containing
46	46	14said herbicide substance, which is registered for a general use or restricted use, subject to
47	47	15compliance with all applicable provisions of this chapter and department regulations for the type
48	48	16of use such pesticide is classified.
49	49	17 If a pesticide that contains said herbicide substance is registered for a general use, an
50	50	18individual who holds a valid applicators license may use a pesticide containing said herbicide
51	51	19substance on any land without being under the direct supervision of another who is a certified
52	52	20applicator.
53	53	21 (c) Notwithstanding any provision of this chapter to the contrary, when a pesticide
54	54	22contains said herbicide substance which is registered for general use, the following conditions on
55	55	23the sale of such pesticide to the public shall apply:
56	56	24 No person shall offer for sale, sell, retail, supply or make available any pesticide that
57	57	25contains said herbicide substance, to an individual who does not hold the appropriate department
58	58	26issued certification, license or permit under the prior subsection.
59	59	27 No person shall offer for sale, sell, supply, retail or allow the public, including its
60	60	28customers, to access or purchase any pesticide containing said herbicide substance without first
61	61	29verifying that a customer holds a valid department issued certification, license or permit. 3 of 4
62	62	30 No person shall sell, retail or supply any pesticide containing said herbicide substance to
63	63	31a customer, unless the delivery of such pesticide occurs on the premises of its registered
64	64	32 business establishment.
65	65	33 (d) A person desiring to register its the business establishment to sell, distribute, supply
66	66	34or provide to its customers any pesticide containing said herbicide substance shall make an
67	67	35application to the department. A person making an application for a registration or renewal of a
68	68	36registration, shall provide the information as required by the department, and pay the registration
69	69	37fee, not to exceed 25 dollars as established by regulation, for each business establishment to be
70	70	38registered.
71	71	39 Registrations or renewal of registrations, issued by the department shall be for a term not
72	72	40to exceed 1 year for each business establishment.
73	73	41 The department shall grant a registration, or renewal of a registration, pursuant to the
74	74	42terms, conditions and restrictions as provided under the regulations of the department, as it
75	75	43deems necessary and appropriate. A registration may be revoked at any time the department
76	76	44finds its terms, conditions and restrictions of the registration or applicable regulations are being
77	77	45violated.
78	78	46 (e). Nothing in this section shall preempt or limit the subcommittee of the pesticide board
79	79	47from registering any pesticide that contains said herbicide substance, or determining the
80	80	48classification of such pesticide as being for a general use or a restricted use.
81	81	49 If the subcommittee determines that a pesticide containing said herbicide substance
82	82	50should be registered for a restricted use under section 7, then a person using such pesticide, shall 4 of 4
83	83	51comply with all applicable provisions of this chapter and regulations for pesticide classified for
84	84	52restricted use.
85	85	53 The subcommittee may also determine that a pesticide containing said herbicide
86	86	54substance, which is classified for restricted use, also requires further limitations, which may
87	87	55include that such pesticide: (i) is restricted to certain individuals or groups, (ii) requires the
88	88	56department’s written permission prior to each use; or (iii) requires further restriction in any other
89	89	57manner.
90	90	58 (f) As used in this section, the words “Use a pesticide”, shall include the spraying,
91	91	59releasing, depositing or applying a pesticide containing said herbicide substance.
92	92	60 SECTION 2. The second paragraph of section 14 of said chapter 132B of the General
93	93	61Laws, as appearing in the 2018 Official Edition is hereby amended by striking out, in lines 9 and
94	94	6210, the words, “inclusive, or section 7A” and inserting in place thereof the following words:-
95	95	63inclusive, or section 6L, or section 7
96	96	64 SECTION 3. This act shall take effect 12 months after passage.