2012 -- S 2443

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL

     Introduced By: Senators Jabour, Metts, Perry, Miller, and McCaffrey

     Date Introduced: February 16, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 23-25 of the General Laws entitled "Pesticide Control" is hereby

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amended by adding thereto the following section:

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     23-25-40. Neighborhood notification of pesticide applications. – (a) The director of the

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department of environmental management shall establish a neighborhood pesticide notification

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registry for occupants of a dwelling who want prior notification of any commercial lawn

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application of a pesticide.

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     (b) At least forty-eight (48) hours prior to any commercial lawn application of a

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pesticide, the person or business making such application shall supply written notice to the

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persons on the neighborhood pesticide notification registry who are:

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     (1) Occupants of all dwellings on abutting property with a boundary that is within one

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hundred fifty (150) feet of the site of such application, and to owners, owners’ agents, or other

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persons in a position of authority for all other types of premises, that are on abutting property

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with a boundary that is within one hundred fifty (150) feet of the site of such application. Owners

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or owners’ agents of multiple family dwellings shall supply such written notice to the occupants

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of such multiple family dwellings and for all other types of premises, owners, owners’ agents or

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other persons in a position of authority shall post such written notice in a manner specified in

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subsection (c); and

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     (2) Owners, owners’ agents or other persons in positions of authority for multiple family

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dwellings, the property of which is the site of such application. Owners, or owners’ agents of

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multiple family dwellings shall supply such written notice to the occupants of such multiple

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family dwellings in a manner specified in subsection (b).

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     (c) The written notice shall contain a prominent statement that reads: “This notice is to

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inform you of a pending pesticide application to: (1) A neighboring property; or (2) This premise.

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You may wish to take precautions to minimize pesticide exposure to yourself, family members,

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pets or family possessions.”

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     (d) The prior notification provisions of this subsection shall not apply to the following:

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     (1) The application of anti-microbial pesticides and anti-microbial products as defined by

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FIFRA in U.S.C. Section 136 (mm) and 136 q (h)(2);

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     (2) The use of an aerosol product with a directed spray, in containers of eighteen (18)

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fluid ounces or less, when used to protect individuals from an imminent threat from stinging and

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biting insects, including venomous spiders, bees, wasps and hornets. This section shall not

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exempt from notification the use of any fogger product or aerosol product that discharges to a

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wide area;

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     (3) The use of non-volatile insect or rodent bait in a tamper resistant container;

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     (4) The application of a pesticide classified by the United States environmental protection

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agency as an exempt material under 40 CFR Part 152.25;

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     (5) The application of a pesticide which the United States environmental protection

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agency has determined satisfies its reduced risk criteria, including a biopesticide;

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     (6) The use of boric acid and disodium octaborate tetrahydrate;

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     (7) The use of horticultural soap and oils that do not contain synthetic pesticides or

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synergists;

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     (8) The application of a granular pesticide, where granular pesticide means any ground

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applied solid pesticide that is not a dust or powder;

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     (9) The application of a pesticide by direct injection into a plant or the ground;

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     (10) The spot application of a pesticide, where spot application means the application of

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pesticide in a manually pressurized or non-pressurized container of thirty-two (32) fluid ounces or

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less to an area of ground less than nine (9) square feet;

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     (11) The application of a pesticide to the ground or turf of any cemetery; and

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     (12) An emergency application of a pesticide when necessary to protect against an

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imminent threat to human health; provided, however, that prior to any such emergency

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application, the person providing such application shall make a good faith effort to supply the

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written notice required pursuant to this section. Upon making an emergency application, the

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person making such application shall notify the director of the department of environmental

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management, using a form developed by the director for such purposes that shall include

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minimally the name of the person making such application, the pesticide business registration

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number or certified applicator number of the person making such application, the location of such

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application, the date of such application, the product name and United States environmental

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protection agency registration number of the pesticide applied and the reason for such application.

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     SECTION 2. This act shall take effect on January 1, 2013.

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LC01540

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL

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     This act would establish a neighborhood pesticide notification registry for occupants of a

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dwelling who want prior notification of any commercial lawn application of a pesticide. The act

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would require at least forty-eight (48) hours notice prior to any commercial lawn application of a

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pesticide.

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     This act would take effect on January 1, 2013.

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LC01540

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