S*1465 Session 108 (1989-1990)
S*1465(Rat #0588, Act #0491 of 1990) General Bill, By Peeler, D.L. Hinds and
McGill
A Bill to amend Sections 46-10-120 and 46-10-130, both as amended, 46-13-60
and 46-13-150, Code of Laws of South Carolina, 1976, relating to pesticides
and boll weevil control, so as to provide regulations for private pesticide
applicators, all other pesticide applicators, and regulations which apply to
both, to delete references relating to financial security, notification of
reasons for license denial, and eligibility for reexamination, add members to
the Pesticide Advisory Committee, change the recommending authorities for the
appointment of some of the committee members, and to increase the annual
assessment for boll weevil eradication from eight to ten dollars an
acre.-amended title
04/03/90 Senate Introduced and read first time SJ-9
04/03/90 Senate Referred to Committee on Agriculture and Natural
Resources SJ-9
04/05/90 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-16
04/10/90 Senate Read second time SJ-25
04/10/90 Senate Ordered to third reading with notice of
amendments SJ-25
04/11/90 Senate Read third time and sent to House SJ-26
04/12/90 House Introduced and read first time HJ-190
04/12/90 House Referred to Committee on Agriculture and Natural
Resources HJ-190
05/02/90 House Committee report: Favorable Agriculture and
Natural Resources HJ-4
05/10/90 House Amended HJ-27
05/10/90 House Read second time HJ-29
05/10/90 House Unanimous consent for third reading on next
legislative day HJ-29
05/11/90 House Read third time and returned to Senate with
amendments HJ-3
05/16/90 Senate Concurred in House amendment and enrolled SJ-4
05/24/90 Ratified R 588
05/29/90 Signed By Governor
05/29/90 Effective date 05/29/90
05/29/90 Act No. 491
06/12/90 Copies available
(A491, R588, S1465)
AN ACT TO AMEND SECTIONS 46-10-120 AND 46-10-130, BOTH AS AMENDED,
46-13-60, AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PESTICIDES AND BOLL WEEVIL CONTROL, SO AS TO PROVIDE
REGULATIONS FOR PRIVATE PESTICIDE APPLICATORS, ALL OTHER PESTICIDE
APPLICATORS, AND REGULATIONS WHICH APPLY TO BOTH, TO DELETE REFERENCES
RELATING TO FINANCIAL SECURITY, NOTIFICATION OF REASONS FOR LICENSE
DENIAL, AND ELIGIBILITY FOR REEXAMINATION, ADD MEMBERS TO THE
PESTICIDE ADVISORY COMMITTEE, CHANGE THE RECOMMENDING AUTHORITIES FOR
THE APPOINTMENT OF SOME OF THE COMMITTEE MEMBERS, AND TO INCREASE THE
ANNUAL ASSESSMENT FOR BOLL WEEVIL ERADICATION FROM EIGHT TO TEN
DOLLARS AN ACRE.
Be it enacted by the General Assembly of the State of South Carolina:
Standards for applicators of pesticides
SECTION 1. Section 46-13-60 of the 1976 Code is amended to read:
"Section 46-13-60. The director may prescribe standards
for the certification of applicators of pesticides. The standards must
conform with the standards for certification as specified by Section
4, Public Law 92-516. The standards for certification of private
applicators of restricted use pesticides do not become effective
except as becomes necessary under Section 4, Public Law 92-516 and the
resulting regulations established under that law.
(1) Private applicators:
(a) No private applicator' may use or supervise the use
of a restricted use pesticide' which is restricted to use by
certified applicators' without that private applicator first
complying with the certification requirements necessary to prevent
unreasonable adverse effects on the environment, including injury to
the applicator or other persons, for that specific pesticide use.
(b) Certification standards to determine the individual's
competency with respect to the use of the pesticide or class of
pesticides the private applicator is to be certified to use must be
promulgated by the director.
(i) To be certified as a private applicator to use
restricted use pesticides' (categorized for this examination
requirement) the applicant is required to pass a written or oral
examination or otherwise demonstrate his competency with respect to
the use of the pesticide or category of pesticides covered by his
certification before purchase and use of the product.
(ii) Applications for a private applicator's license
must be in the form and must contain the information prescribed by the
director. Each application must be accompanied by a fee equaling one
dollar a valid year. All licenses issued under this chapter expire on
December thirty-first of the year that the license is dated to expire.
(iii) Private applicator licenses, issued by the
director, are valid for a period as prescribed by the director in
regulations. The director may renew a private applicator license
without reexamination. The director by regulation shall establish
provisions, which do not include reexamination unless required to do
so by federal law, to ensure that private applicators continue to meet
the requirements of changing technology and to ensure a continuing
level of competence and ability to use pesticides safely and properly.
(iv) If the director does not issue or renew a private
applicator's license, he shall inform the applicant in writing of the
reasons therefor. The applicant is eligible for reexamination after
thirty days.
(2) Other applicators:
(a) Application for a license must be made in writing to
the director on a designated form obtained from the director's office.
Each application for a license must contain information regarding the
applicant's qualifications and proposed operations, the type of
license (commercial or noncommercial), the license classification for
which the applicant is applying, and must include the following:
(i) the full name of the person applying for the
license;
(ii) the principal business address of the applicant
in the State and elsewhere;
(iii) the name and address of a person, who may be the
Secretary of State, whose domicile is in the State, and who is
authorized to receive and accept services of summons and legal notice
of all kinds for the applicant;
(iv) the type of equipment (excluding manually powered
equipment) used by the applicant to apply pesticides.
(b) The director may not issue a commercial or
noncommercial applicator's license until the individual who uses or
supervises the use of a restricted use pesticide is certified by
passing an examination to demonstrate to the director his knowledge of
how to use and supervise the use of pesticides under the
classifications he has applied for, and his knowledge of the nature
and effect of pesticides he may apply under those classifications.
(c) If the director finds the applicant qualified to use
and supervise the use of pesticides in the classifications he has
applied for, and if an applicant applying for a commercial applicator
license files the evidence of financial responsibility required under
Section 46-13-100, and if the applicant applying for a license to
engage in aerial application of pesticides has met all of the
requirements of the Federal Aviation Agency, the Aeronautics
Commission of the State, and any other applicable federal or state
laws or regulations to operate the equipment described in the
application, the director shall issue a pesticide applicator's license
limited to the classifications for which he is qualified, which shall
expire at the end of the calendar year of issue unless it has been
revoked or suspended prior thereto by the director for cause. The
director may limit the license of the applicant to the use of certain
areas, or to certain types of equipment if the applicant is only so
qualified.
(d) An applicator license issued to an individual
representing a government entity or a corporation, partnership, sole
proprietorship, or other juridical person, is valid only so long as
that individual satisfying the examination requirement of Section
46-13-60(2)(b) is employed by the business, or is an official or
employee of the governmental entity. A licensee shall notify the
director within thirty days of the date of invalidation of a license
pursuant to this provision. Supervision required by a licensee
pursuant to this chapter must be performed only by an individual
satisfying the examination requirement of Section 46-13-60(2)(b).
(3) All persons:
(a) No person (including officials or employees of
federal, state, or local government) may use or supervise the use of a
restricted use pesticide without a private, commercial, or
noncommercial applicator license issued by the director.
(b) An annual fee of twenty-five dollars for each
pesticide applicator's license issued to each office at which records
relative to the sale or application of pesticides are maintained is
required. Payment of this annual fee permits the certification of one
individual under any or all of the classifications. A five dollar
annual fee is required to certify each additional applicant who
desires to be certified in any one classification. Noncommercial
applicators are exempt from all fee requirements.
(c) If a license is not issued as applied for, the
director shall inform the applicant in writing of the reasons for the
denial.
(d) An applicant is eligible for reexamination after
thirty days.
(e) The license of an applicator whose financial
responsibility, as required by Section 46-13-100 lapses, expires, or
otherwise ceases to comply is suspended or cancelled automatically
until proof of continuing responsibility is provided by the
applicator."
Pesticide advisory committee
SECTION 2. The first paragraph of Section 46-13-150 of the 1976 Code
is amended to read:
"There is created a pesticide advisory committee consisting
of five licensed commercial applicators residing in the State, one of
whom must be licensed to operate horticultural ground equipment, one
must be licensed to operate agricultural ground equipment, one must be
licensed to operate aerial equipment, and two must be licensed for
structural pest control; one entomologist in public service; one
toxicologist in public service; one herbicide specialist in public
service; two members from the agrichemical industry, one of whom must
be a pesticide dealer; two producers of agricultural crops or products
on which pesticides are applied or which may be affected by the
application of pesticides; one representative of the South Carolina
Wildlife and Marine Resources Department; one plant pathologist in
public service; one representative of the South Carolina State
Forestry Commission; one representative of the South Carolina
Department of Agriculture; one representative of the South Carolina
Department of Health and Environmental Control; and two citizens from
the State at large. The members must be residents of this State and
must be appointed by the Governor on the recommendation of the
following organizations:
(1) The South Carolina Aerial Applicators' Association shall
recommend the pesticide applicator licensed to operate aerial
equipment.
(2) The South Carolina Pest Control Operator's Association shall
recommend the pesticide applicator licensed to operate horticultural
ground equipment and two pesticide applicators licensed for structural
pest control.
(3) The Vice President and Vice Provost of Agriculture and
Natural Resources of Clemson University shall recommend the herbicide
specialist in public service, the entomologist in public service, and
the plant pathologist in public service.
(4) The members of the South Carolina Fertilizer and
Agrichemical Association shall recommend the member from the
agrichemical industry and the pesticide dealer.
(5) The South Carolina Farm Bureau shall recommend the two
producers of agricultural crops or products on which pesticides are
applied or which may be affected by the application of pesticides, and
the commercial applicator licensed to operate agricultural ground
equipment.
(6) The Executive Director of the South Carolina Wildlife and
Marine Resources Department shall recommend the member from the South
Carolina Wildlife and Marine Resources Department.
(7) The State Forester shall recommend the member from the South
Carolina State Forestry Commission.
(8) The Commissioner of Agriculture shall recommend the member
from the South Carolina Department of Agriculture.
(9) The Commissioner of the Department of Health and Environmental
Control shall recommend the member from that department.
(10) The administrator of the Department of Consumer Affairs
shall recommend the two citizens at large."
Boll weevil eradication assessment
SECTION 3. Section 46-10-120 of the 1976 Code, as last amended by
Act 554 of 1988, is further amended to read:
"Section 46-10-120. The Boll Weevil Eradication Program, as
provided for under this chapter, must be implemented for a specified
time determined by the commission if it determines that the federal
government and the commercial cotton producers of this State, as
determined by referendum conducted by the commission, shall cooperate
and provide for the cost of carrying out the provisions of this
chapter for the specified time. The cotton producer referendum must
receive the favorable vote of two-thirds of the producers casting
votes. All commercial cotton producers in South Carolina shall
receive ballots and are eligible to vote.
Upon termination of the time specified in the last referendum,
the commission shall establish an assessment, not to exceed ten
dollars an acre, to cover suppression and containment costs on all
cotton acreage within the eradication area as long as a containment
program is necessary. This assessment and program duration is subject
to change when petitioned by ten percent of the commercial cotton
producers of this State."
Further
SECTION 4. Section 46-10-130 of the 1976 Code, as last amended by
Act 31 of 1989, is further amended to read:
"Section 46-10-130. Each commercial cotton grower in this
State is assessed an annual uniform fee determined by the commission
not to exceed ten dollars an acre subject to change as provided in
Section 46-10-120. The assessment must be utilized by the commission
to carry out the provisions of this chapter. The funds must be
remitted promptly to the organization certified according to this
chapter under terms and conditions the commission considers necessary
to ensure that the assessments are used in a sound program of
eradication or suppression of the boll weevil or other cotton pests.
The certified organization shall provide to the division an annual
audit of its accounts performed by a certified public accountant. The
assessments collected by the commission under this chapter are not
state funds."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1990.
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