HB 19: "An Act relating to pesticides and broadcast chemicals; and providing for an effective date."
00 HOUSE BILL NO. 19 01 "An Act relating to pesticides and broadcast chemicals; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.05.146(c) is amended by adding a new paragraph to read: 05 (78) receipts of the Department of Environmental Conservation from 06 the registration of pesticides and broadcast chemicals under AS 44.46.025. 07 * Sec. 2. AS 44.46.025 is amended by adding a new subsection to read: 08 (e) The department shall charge an annual registration fee of $115 to register a 09 pesticide or broadcast chemical for sale or distribution in the state. 10 * Sec. 3. AS 46.03.320(a) is amended to read: 11 (a) The department may 12 (1) regulate the transportation, testing, inspection, packaging, labeling, 13 handling, and advertising of pesticides and broadcast chemicals offered for sale [,] or 14 placed in commerce for use in the state;
01 (2) regulate and supervise the distribution, application, or use of 02 pesticides and broadcast chemicals in any state project or program [,] or by a public 03 agency under the jurisdiction of the state; 04 (3) regulate or prohibit the use of pesticides and broadcast chemicals; 05 (4) register pesticides and broadcast chemicals for sale or 06 distribution. 07 * Sec. 4. AS 46.03 is amended by adding a new section to read: 08 Sec. 46.03.325. Public notice of pesticide use. (a) Except as provided in (d) 09 and (e) of this section, a person spraying or applying a pesticide in or around a public 10 place or place of employment shall provide public notice each time the person is going 11 to spray or apply a pesticide. 12 (b) The notice required under this section shall be posted 13 (1) at least 48 hours, but not more than 120 hours, before the spraying 14 or application of the pesticide and shall continue to be posted for not less than 48 15 hours after spraying or application has been completed; 16 (2) conspicuously at an outdoor treatment site in highly visible 17 locations along the perimeter of the application area, including posting at 50-foot 18 intervals along a path, trail, road, or other byway adjoining the treatment site; 19 (3) conspicuously in common areas and at each entry point into an 20 indoor facility in or around which the pesticide is sprayed or applied; the notice must 21 be visible to persons visiting and working at the application site; 22 (4) conspicuously in common areas and at each entry point of an 23 apartment building or multiple-dwelling building in or around which the pesticide is 24 sprayed or applied; the notice must be visible to persons visiting and residing in the 25 building; a copy of the notice shall be given to each owner or owner's agent. 26 (c) The notice shall be printed on 8 1/2 x 11 inch paper and must provide the 27 following information: 28 (1) a heading containing the United States Environmental Protection 29 Agency signal word from the pesticide label next to the words, "Pesticide 30 Application;" 31 (2) the address of the premises where the pesticide is being sprayed or
01 applied; 02 (3) the name, telephone number, and pesticide business registration 03 number or certified applicator number of the pesticide applicator, and the name and 04 telephone number of the responsible party from whom the pesticide label and material 05 safety data sheet may be obtained; 06 (4) alternative dates for the spraying or application in case of 07 inclement weather; 08 (5) the name and United States Environment Protection Agency 09 registration number of each pesticide being applied; 10 (6) the rate, mode, and concentration of application; 11 (7) the telephone numbers of pesticide information lines and addresses 12 of Internet websites where information about the pesticide being sprayed or applied is 13 available; and 14 (8) the following precautionary statement: "CAUTION: Pesticides may 15 be harmful to your health, and you are advised to minimize exposure to them. 16 Pregnant women, infants, children, and individuals with respiratory or heart disease, 17 chemical sensitivities, or weakened immune systems may be particularly susceptible 18 to adverse health effects due to pesticide exposure." 19 (d) Notice is not required 20 (1) when the pesticide is sprayed or applied by a homeowner to the 21 homeowner's own property; 22 (2) for applications of an antimicrobial product, biopesticide, or 23 substance exempted from federal pesticide regulation under 7 U.S.C. 136w(b); 24 (3) for a private or commercial 25 (A) use of a pesticide in an aerosol can of 18 fluid ounces or 26 less for personal protection against biting or stinging insects; 27 (B) use of insect or rodent bait contained in a tamper-resistant 28 container; 29 (C) granular application; 30 (D) nonpressurized spot application of less than nine square 31 feet; and
01 (E) use of boric acid or a horticultural nonsynthetic soap or oil. 02 (e) The prenotification and preposting requirements of this section do not 03 apply to an emergency spraying or application approved by the commissioner to 04 protect against an imminent threat to human health or to native species by invasive 05 non-native species. Following an approved emergency spraying or application, 06 notification and posting consistent with the requirements of this section shall occur as 07 soon as possible. 08 * Sec. 5. AS 46.03.330(a) is amended to read: 09 (a) An officer, agent, or employee of the state, or of a borough or city of any 10 class, may not direct, carry out, or participate in the spraying or application of a 11 pesticide or broadcast chemical in any program or project involving funds, materials, 12 or equipment of the state, borough, or city, except in accordance with AS 46.03.225 13 and regulations adopted by the department under AS 46.03.320. 14 * Sec. 6. This Act takes effect January 1, 2006.