Rhode Island 2023 Regular Session

Rhode Island House Bill H6160 Compare Versions

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

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5	5	2023 -- H 6160
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7	7	LC002444
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL
16	16	Introduced By: Representatives Noret, McNamara, Bennett, Vella-Wilkinson, O'Brien,
17	17	Baginski, Corvese, Fenton-Fung, Costantino, and Fellela
18	18	Date Introduced: March 17, 2023
19	19	Referred To: House Corporations
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 23-25-4 of the General Laws in Chapter 23-25 entitled "Pesticide 1
24	24	Control" is hereby amended to read as follows: 2
25	25	23-25-4. Definitions. [Effective until January 1, 2024.] 3
26	26	As used in this chapter: 4
27	27	(1) “Active ingredient” means any ingredient which will prevent, destroy, repel, control, 5
28	28	or mitigate pests, or which will act as a plant regulator, defoliant, or desiccant. 6
29	29	(2) “Adulterated” applies to any pesticide if its strength or purity falls below the professed 7
30	30	standards of quality as expressed on its labeling under which it is sold, or if any substance has been 8
31	31	substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has 9
32	32	been wholly or in part abstracted. 10
33	33	(3) “Agricultural commodity” means any plant, or part of plant, or animal, or animal 11
34	34	product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, 12
35	35	Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable 13
36	36	persons) primarily for sale, consumption, propagation, or other use by humans or animals. 14
37	37	(4) “Animal” means all vertebrate and invertebrate species, including, but not limited to, 15
38	38	man and other mammals, birds, fish, and shellfish. 16
39	39	(5) “Beneficial insects” means those insects which, during their life cycle, are effective 17
40	40	pollinators of plants, are parasites or predators of pests, or are otherwise beneficial. 18
41	41	(6) “Board” means the pesticide advisory board as provided for under § 23-25.2-3. 19
42	42
43	43
44	44	LC002444 - Page 2 of 11
45	45	(7) “Defoliant” means any substance or mixture of substances intended for causing the 1
46	46	leaves or foliage to drop from a plant with or without causing abscission. 2
47	47	(8) “Desiccant” means any substance or mixture of substances intended for artificially 3
48	48	accelerating the drying of plant tissue. 4
49	49	(9) “Device” means any instrument or contrivance (other than a firearm) which is intended 5
50	50	for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life 6
51	51	(other than humans and other than bacteria, virus, or other micro-organism on or in living humans 7
52	52	or other living animals) but not including equipment used for the application of pesticides when 8
53	53	sold separately from it. 9
54	54	(10) “Director” means the director of environmental management. 10
55	55	(11) “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver for 11
56	56	shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state. 12
57	57	(12) “Environment” includes water, air, land, and all plants and humans and other living 13
58	58	animals in it, and the interrelationships which exist among these. 14
59	59	(13) “EPA” means the United States Environmental Protection Agency. 15
60	60	(14) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 16
61	61	136 et seq., and other legislation supplementary to it and amendatory of it. 17
62	62	(15) “Fungi” means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-18
63	63	bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, 19
64	64	molds, yeasts, and bacteria, except those in or on living humans or other living animals, and except 20
65	65	those in or on processed food, beverages, or pharmaceuticals. 21
66	66	(16) “Highly toxic pesticide” means any pesticide determined to be a highly toxic pesticide 22
67	67	under the authority of § 25(c)(2) of FIFRA, 7 U.S.C. § 136w(c)(2), or by the director under § 23-23
68	68	25-9(a)(2). 24
69	69	(17) “Imminent hazard” means a situation which exists when the continued use of a 25
70	70	pesticide during the time required for cancellation proceedings pursuant to § 23-25-8 would likely 26
71	71	result in unreasonable adverse effects on the environment or will involve unreasonable hazard to 27
72	72	the survival of a species declared endangered by the secretary of the interior under 16 U.S.C. § 28
73	73	1531 et seq. 29
74	74	(18) “Inert ingredient” means an ingredient which is not an active ingredient. 30
75	75	(19) “Ingredient statement” means: 31
76	76	(i) Statement of the name and percentage of each active ingredient together with the total 32
77	77	percentage of the inert ingredients in the pesticide; and 33
78	78	(ii) When the pesticide contains arsenic in any form, the ingredient statement shall also 34
79	79
80	80
81	81	LC002444 - Page 3 of 11
82	82	include percentages of total and water soluble arsenic, each calculated as elemental arsenic. 1
83	83	(20) “Insect” means any of the numerous small invertebrate animals generally having the 2
84	84	body more or less obviously segmented, for the most part belonging to the class insecta, comprising 3
85	85	six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their 4
86	86	immature stages, and to other allied classes of anthropods whose members are wingless and usually 5
87	87	have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice. 6
88	88	(21) “Integrated Pest Management (IPM)” refers to a method of pest control that uses a 7
89	89	systems approach to reduce pest damage to tolerable levels through a variety of techniques, 8
90	90	including natural predators and parasites, genetically resistant hosts, environmental modifications 9
91	91	and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon nonchemical 10
92	92	defenses first and chemical pesticides second. 11
93	93	(22) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide 12
94	94	or device or any of its containers or wrappers. 13
95	95	(23) “Labeling” means the label and all other written, printed, or graphic matter: 14
96	96	(i) Accompanying the pesticide or device at any time; or 15
97	97	(ii) To which reference is made on the label or in literature accompanying the pesticide or 16
98	98	device, except to current official publications of EPA, the United States Departments of Agriculture 17
99	99	and Interior, and the department of health and human services; state experiment stations; state 18
100	100	agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct 19
101	101	research in the field of pesticides. 20
102	102	(24) “Land” means all land and water areas, including airspace, all plants, animals, 21
103	103	structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or 22
104	104	mobile, including any used for transportation. 23
105	105	(25) “Nematode” means invertebrate animals of the phylum Nemathelminthes and class 24
106	106	Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered 25
107	107	with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms. 26
108	108	(26) “Plant regulator” means any substance or mixture of substances intended, through 27
109	109	physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for 28
110	110	altering the behavior of plants or the produce of these but shall not include substances to the extent 29
111	111	that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and 30
112	112	soil amendments. Also, the term “plant regulator” is not required to include any of those nutrient 31
113	113	mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, 32
114	114	intended for improvement, maintenance, survival, health, and propagation of plants, are not for pest 33
115	115	destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration. 34
116	116
117	117
118	118	LC002444 - Page 4 of 11
119	119	(27) “Permit” means a written certificate, issued by the director, authorizing the purchase, 1
120	120	possession, and/or use of certain pesticides or pesticide uses defined in subdivisions (34) and (35) 2
121	121	of this section. 3
122	122	(28) “Person” means any individual, partnership, association, fiduciary, corporation, 4
123	123	governmental entity, or any organized group of persons whether incorporated or not. 5
124	124	(29) “Pest” means: 6
125	125	(i) Any insect, rodent, nematode, fungus, or weed; and 7
126	126	(ii) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other 8
127	127	micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other 9
128	128	living animals) which the director declares to be a pest under § 23-25-9(a)(1). 10
129	129	(30) “Pesticide” means: 11
130	130	(i) Any substance or mixture of substances intended for preventing, destroying, repelling, 12
131	131	or mitigating any pest; and 13
132	132	(ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, 14
133	133	or desiccant. 15
134	134	(31) “Pesticide dealer” means any person who distributes within the state any pesticide 16
135	135	product classified for restricted use by EPA or limited use by the director. 17
136	136	(32)(i) “Private applicator” means any person who uses or supervises the use of any 18
137	137	pesticide for purposes of producing any agricultural commodity on land owned or rented by him or 19
138	138	her or his or her employer or (if applied without compensation other than trading of personal 20
139	139	services between producers of agricultural commodities) on land of another person. 21
140	140	(ii) “Certified private applicator” means any private applicator who is certified under § 23-22
141	141	25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide 23
142	142	classified for restricted use by EPA or limited use by the director. 24
143	143	(iii) “Commercial applicator” means any person (whether or not that person is a private 25
144	144	applicator with respect to some uses), including employees of any federal, state, county or 26
145	145	municipal agency, department, office, division, section, bureau, board, or commission, who applies 27
146	146	or supervises the application of any pesticide for any purpose or on any property other than as 28
147	147	provided by the definition of “private applicator”. 29
148	148	(iv) “Certified commercial applicator” means any commercial applicator who is certified 30
149	149	under § 23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a 31
150	150	pesticide classified for restricted use by EPA or limited use by the director. 32
151	151	(v) “Licensed commercial applicator” means any commercial applicator who is licensed 33
152	152	under § 23-25-12 as authorized to use or supervise the use of any pesticide not classified for 34
153	153
154	154
155	155	LC002444 - Page 5 of 11
156	156	restricted use by EPA or limited use by the director on land not owned or rented by him or her. 1
157	157	(33) “Protect health and the environment” means protection against any unreasonable 2
158	158	adverse effects on the environment. 3
159	159	(34) “Registrant” means a person who has registered any pesticide pursuant to the 4
160	160	provisions of this chapter. 5
161	161	(35) “Restricted use pesticide” means a pesticide or pesticide use that is classified for 6
162	162	restricted use by the administrator of EPA, or under § 23-25-6(h). 7
163	163	(36) “State limited use pesticide” means any pesticide or pesticide use which, when used 8
164	164	as directed or in accordance with a widespread and commonly recognized practice, the director 9
165	165	determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable 10
166	166	adverse effects on the environment including humans, land, beneficial insects, animals, crops, and 11
167	167	wildlife, other than pests. 12
168	168	(37) “Under the direct supervision” means that on-site supervision of any pesticide 13
169	169	application by an appropriately certified or licensed applicator who is responsible for the 14
170	170	application and is capable of dealing with emergency situations which might occur means, unless 15
171	171	otherwise prescribed by labeling, any pesticide application by a competent person acting under the 16
172	172	instructions and control of an appropriately certified or licensed applicator who is available if and 17
173	173	when needed, and who is responsible for the pesticide applications made by that person, even 18
174	174	though such certified applicator is not physically present at the time and place the pesticide is 19
175	175	applied. 20
176	176	(38) “Unreasonable adverse effects on the environment” means any unreasonable risk to 21
177	177	humans or the environment, taking into account the economic, social, and environmental costs and 22
178	178	benefits of the use of any pesticide. 23
179	179	(39) “Weed” means any plant which grows where not wanted. 24
180	180	(40) “Wildlife” means all living things that are neither human nor, as defined in this 25
181	181	chapter, pests, including but not limited to mammals, birds, and aquatic life. 26
182	182	23-25-4. Definitions. [Effective January 1, 2024.] 27
183	183	As used in this chapter: 28
184	184	(1) “Active ingredient” means any ingredient that will prevent, destroy, repel, control, or 29
185	185	mitigate pests, or that will act as a plant regulator, defoliant, or desiccant. 30
186	186	(2) “Adulterated” applies to any pesticide if its strength or purity falls below the professed 31
187	187	standards of quality as expressed on its labeling under which it is sold, or if any substance has been 32
188	188	substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has 33
189	189	been wholly or in part abstracted. 34
190	190
191	191
192	192	LC002444 - Page 6 of 11
193	193	(3) “Agricultural commodity” means any plant, or part of plant, or animal, or animal 1
194	194	product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, 2
195	195	Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable 3
196	196	persons) primarily for sale, consumption, propagation, or other use by humans or animals. 4
197	197	(4) “Animal” means all vertebrate and invertebrate species, including, but not limited to, 5
198	198	humans and other mammals, birds, fish, and shellfish. 6
199	199	(5) “Beneficial insects” means those insects that, during their life cycle, are effective 7
200	200	pollinators of plants, are parasites or predators of pests, or are otherwise beneficial. 8
201	201	(6) “Board” means the pesticide advisory board as provided for under § 23-25.2-3. 9
202	202	(7) “Defoliant” means any substance or mixture of substances intended for causing the 10
203	203	leaves or foliage to drop from a plant with or without causing abscission. 11
204	204	(8) “Desiccant” means any substance or mixture of substances intended for artificially 12
205	205	accelerating the drying of plant tissue. 13
206	206	(9) “Device” means any instrument or contrivance (other than a firearm) that is intended 14
207	207	for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life 15
208	208	(other than humans and other than bacteria, virus, or other micro-organism on or in living humans 16
209	209	or other living animals) but not including equipment used for the application of pesticides when 17
210	210	sold separately from it. 18
211	211	(10) “Director” means the director of environmental management. 19
212	212	(11) “Distribute” means to offer for sale, hold for sale, sell, barter, ship, deliver for 20
213	213	shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state. 21
214	214	(12) “Environment” includes water, air, land, and all plants and humans and other living 22
215	215	animals in it, and the interrelationships that exist among these. 23
216	216	(13) “EPA” means the United States Environmental Protection Agency. 24
217	217	(14) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 25
218	218	136 et seq., and other legislation supplementary to it and amendatory of it. 26
219	219	(15) “Fungi” means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-27
220	220	bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, 28
221	221	molds, yeasts, and bacteria, except those in or on living humans or other living animals, and except 29
222	222	those in or on processed food, beverages, or pharmaceuticals. 30
223	223	(16) “Highly toxic pesticide” means any pesticide determined to be a highly toxic pesticide 31
224	224	under the authority of § 25(c)(2) of FIFRA, 7 U.S.C. § 136w(c)(2), or by the director under § 23-32
225	225	25-9(a)(2). 33
226	226	(17) “Imminent hazard” means a situation that exists when the continued use of a pesticide 34
227	227
228	228
229	229	LC002444 - Page 7 of 11
230	230	during the time required for cancellation proceedings pursuant to § 23-25-8 would likely result in 1
231	231	unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival 2
232	232	of a species declared endangered by the secretary of the interior under 16 U.S.C. § 1531 et seq. 3
233	233	(18) “Inert ingredient” means an ingredient that is not an active ingredient. 4
234	234	(19) “Ingredient statement” means: 5
235	235	(i) A statement of the name and percentage of each active ingredient together with the total 6
236	236	percentage of the inert ingredients in the pesticide; and 7
237	237	(ii) When the pesticide contains arsenic in any form, the ingredient statement shall also 8
238	238	include percentages of total and water soluble arsenic, each calculated as elemental arsenic. 9
239	239	(20) “Insect” means any of the numerous small invertebrate animals generally having the 10
240	240	body more or less obviously segmented, for the most part belonging to the class insecta, comprising 11
241	241	six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their 12
242	242	immature stages, and to other allied classes of anthropods whose members are wingless and usually 13
243	243	have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice. 14
244	244	(21) “Integrated Pest Management (IPM)” refers to a method of pest control that uses a 15
245	245	systems approach to reduce pest damage to tolerable levels through a variety of techniques, 16
246	246	including natural predators and parasites, genetically resistant hosts, environmental modifications 17
247	247	and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon nonchemical 18
248	248	defenses first and chemical pesticides second. 19
249	249	(22) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide 20
250	250	or device or any of its containers or wrappers. 21
251	251	(23) “Labeling” means the label and all other written, printed, or graphic matter: 22
252	252	(i) Accompanying the pesticide or device at any time; or 23
253	253	(ii) To which reference is made on the label or in literature accompanying the pesticide or 24
254	254	device, except to current official publications of EPA, the United States Departments of Agriculture 25
255	255	and Interior, and the department of health and human services; state experiment stations; state 26
256	256	agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct 27
257	257	research in the field of pesticides. 28
258	258	(24) “Land” means all land and water areas, including airspace, all plants, animals, 29
259	259	structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or 30
260	260	mobile, including any used for transportation. 31
261	261	(25) “Nematode” means invertebrate animals of the phylum Nemathelminthes and class 32
262	262	Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered 33
263	263	with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms. 34
264	264
265	265
266	266	LC002444 - Page 8 of 11
267	267	(26) “Neonicotinoids” means any of a class of systemic water soluble insecticides related 1
268	268	to nicotine that affect the central nervous system of insects by selectively binding to the 2
269	269	postsynaptic nicotinic receptors of insects thereby causing paralysis and death. Neonicotinoids 3
270	270	include, but are not limited to: 4
271	271	(i) Imidacloprid; 5
272	272	(ii) Acetamiprid; 6
273	273	(iii) Clothianidin; 7
274	274	(iv) Nitenpyram; 8
275	275	(v) Nithiazine; 9
276	276	(vi) Thiacloprid; 10
277	277	(vii) Thiamethoxam; and 11
278	278	(viii) Dinotefuran. 12
279	279	(27) “Permit” means a written certificate, issued by the director, authorizing the purchase, 13
280	280	possession, and/or use of certain pesticides or pesticide uses defined in subsections (36) and (37) 14
281	281	of this section. 15
282	282	(28) “Person” means any individual, partnership, association, fiduciary, corporation, 16
283	283	governmental entity, or any organized group of persons whether incorporated or not. 17
284	284	(29) “Pest” means: 18
285	285	(i) Any insect, rodent, nematode, fungus, or weed; and 19
286	286	(ii) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other 20
287	287	micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other 21
288	288	living animals) which the director declares to be a pest under § 23-25-9(a)(1). 22
289	289	(30) “Pesticide” means: 23
290	290	(i) Any substance or mixture of substances intended for preventing, destroying, repelling, 24
291	291	or mitigating any pest; and 25
292	292	(ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant, 26
293	293	or desiccant. 27
294	294	(31) “Pesticide dealer” means any person who distributes within the state any pesticide 28
295	295	product classified for restricted use by EPA or limited use by the director. 29
296	296	(32) “Plant regulator” means any substance or mixture of substances intended, through 30
297	297	physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for 31
298	298	altering the behavior of plants or the produce of these but shall not include substances to the extent 32
299	299	that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and 33
300	300	soil amendments. Also, the term “plant regulator” is not required to include any of those nutrient 34
301	301
302	302
303	303	LC002444 - Page 9 of 11
304	304	mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products, 1
305	305	intended for improvement, maintenance, survival, health, and propagation of plants, are not for pest 2
306	306	destruction and are nontoxic and nonpoisonous in the undiluted packaged concentration. 3
307	307	(33)(i) “Private applicator” means any person who uses or supervises the use of any 4
308	308	pesticide for purposes of producing any agricultural commodity on land owned or rented by him or 5
309	309	her or his or her employer or (if applied without compensation other than trading of personal 6
310	310	services between producers of agricultural commodities) on land of another person. 7
311	311	(ii) “Certified private applicator” means any private applicator who is certified under § 23-8
312	312	25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide 9
313	313	classified for restricted use by EPA or limited use by the director. 10
314	314	(iii) “Commercial applicator” means any person (whether or not that person is a private 11
315	315	applicator with respect to some uses), including employees of any federal, state, county or 12
316	316	municipal agency, department, office, division, section, bureau, board, or commission, who applies 13
317	317	or supervises the application of any pesticide for any purpose or on any property other than as 14
318	318	provided by the definition of “private applicator”. 15
319	319	(iv) “Certified commercial applicator” means any commercial applicator who is certified 16
320	320	under § 23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a 17
321	321	pesticide classified for restricted use by EPA or limited use by the director. 18
322	322	(v) “Licensed commercial applicator” means any commercial applicator who is licensed 19
323	323	under § 23-25-12 as authorized to use or supervise the use of any pesticide not classified for 20
324	324	restricted use by EPA or limited use by the director on land not owned or rented by him or her. 21
325	325	(34) “Protect health and the environment” means protection against any unreasonable 22
326	326	adverse effects on the environment. 23
327	327	(35) “Registrant” means a person who has registered any pesticide pursuant to the 24
328	328	provisions of this chapter. 25
329	329	(36) “Restricted use pesticide” means a pesticide or pesticide use that is classified for 26
330	330	restricted use by the administrator of EPA, or under § 23-25-6(h). 27
331	331	(37) “State limited use pesticide” means any pesticide or pesticide use that, when used as 28
332	332	directed or in accordance with a widespread and commonly recognized practice, the director 29
333	333	determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable 30
334	334	adverse effects on the environment including humans, land, beneficial insects, animals, crops, and 31
335	335	wildlife, other than pests. 32
336	336	(38) “Under the direct supervision” means on-site supervision of any pesticide application 33
337	337	by an appropriately certified or licensed applicator who is responsible for the application and is 34
338	338
339	339
340	340	LC002444 - Page 10 of 11
341	341	capable of dealing with emergency situations which might occur means, unless otherwise 1
342	342	prescribed by labeling, any pesticide application by a competent person acting under the 2
343	343	instructions and control of an appropriately certified or licensed applicator who is available if and 3
344	344	when needed, and who is responsible for the pesticide applications made by that person, even 4
345	345	though such certified applicator is not physically present at the time and place the pesticide is 5
346	346	applied. 6
347	347	(39) “Unreasonable adverse effects on the environment” means any unreasonable risk to 7
348	348	humans or the environment, taking into account the economic, social, and environmental costs and 8
349	349	benefits of the use of any pesticide. 9
350	350	(40) “Weed” means any plant that grows where not wanted. 10
351	351	(41) “Wildlife” means all living things that are neither human nor, as defined in this 11
352	352	chapter, pests, including but not limited to mammals, birds, and aquatic life. 12
353	353	SECTION 2. This act shall take effect upon passage. 13
354	354	========
355	355	LC002444
356	356	========
357	357
358	358
359	359	LC002444 - Page 11 of 11
360	360	EXPLANATION
361	361	BY THE LEGISLATIVE COUNCIL
362	362	OF
363	363	A N A C T
364	364	RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL
365	365	***
366	366	This act would amend the definition of "under the direct supervision" to include a 1
367	367	competent person acting under the control of a certified or licensed applicator who is available 2
368	368	when needed, even though not physically present when pesticide is applied. 3
369	369	This act would take effect upon passage. 4
370	370	========
371	371	LC002444
372	372	========