H*4281 Session 109 (1991-1992)
H*4281(Rat #0570, Act #0467 of 1992) General Bill, By J.J. Snow
A Bill to amend Section 46-13-40, Code of Laws of South Carolina, 1976,
relating to the registration of pesticides and related devices, so as to
change the registration renewal date and revise the fees; to amend Section
46-13-60, as amended, relating to the standards for certification of
applicators of pesticides, so as to provide additional requirements when the
license of an applicator whose financial responsibility lapses, expires, or
ceases to comply is suspended and delete the reference to canceled licenses;
to amend Section 46-13-100, relating to evidence of financial responsibility
for a commercial applicator's license, so as to provide for coverage of the
application of pesticides by the applicator or his agents or employees, revise
the amount and evidence required for financial responsibility, provide
requirements for a surety bond or insurance policy, provide for aerial
applicators, provide for self-insurance, and provide requirements for the
insurance or bond coverage for commercial applicators; and to amend Section
46-13-210, relating to judicial review of action by the Director of the
Division of Regulatory and Public Service Programs, College of Agricultural
Sciences, Clemson University, so as to provide for review only of contested
cases pursuant to the Administrative Procedures Act instead of the circuit
court; to amend Section 46-13-10, relating to the citing and administration of
the Pesticide Control Act, so as to change the administration from the Clemson
University Board of Trustees to the State Crop Pest Commission; to direct the
Code Commissioner to change references to "Board of Trustees of Clemson
University" to "State Crop Pest Commission"; to amend the 1976 Code by adding
Section 46-13-175 so as to authorize the Director to waive any provisions of
Chapter 13, Title 46 to insure the availability of pesticides for minor uses;
and to create a committee to review active pesticide usage, groundwater
contamination, worker safety protection, and pesticide education
programs.-amended title
01/28/92 House Introduced and read first time HJ-8
01/28/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-9
02/27/92 House Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental
Affairs HJ-5
03/05/92 House Debate adjourned until Tuesday, March 17, 1992 HJ-4
03/18/92 House Debate adjourned until Thursday, March 19, 1992 HJ-29
03/19/92 House Amended HJ-21
03/19/92 House Read second time HJ-22
03/19/92 House Unanimous consent for third reading on next
legislative day HJ-22
03/20/92 House Read third time and sent to Senate HJ-2
03/24/92 Senate Introduced and read first time SJ-14
03/24/92 Senate Referred to Committee on Agriculture and Natural
Resources SJ-14
04/16/92 Senate Committee report: Favorable Agriculture and
Natural Resources SJ-19
05/28/92 Senate Read second time SJ-42
05/28/92 Senate Ordered to third reading with notice of
amendments SJ-43
06/02/92 Senate Amended
06/02/92 Senate Read third time and returned to House with amendments
06/03/92 House Concurred in Senate amendment and enrolled HJ-15
06/04/92 Ratified R 570
07/01/92 Signed By Governor
07/01/92 Effective date 07/01/92
07/01/92 Act No. 467
07/14/92 Copies available
(A467, R570, H4281)
AN ACT TO AMEND SECTION 46-13-40, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
REGISTRATION OF PESTICIDES AND RELATED DEVICES,
SO AS TO CHANGE THE REGISTRATION RENEWAL DATE
AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS
AMENDED, RELATING TO THE STANDARDS FOR
CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS
TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE
LICENSE OF AN APPLICATOR WHOSE FINANCIAL
RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO
COMPLY IS SUSPENDED AND DELETE THE REFERENCE
TO CANCELED LICENSES; TO AMEND SECTION
46-13-100, RELATING TO EVIDENCE OF FINANCIAL
RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S
LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE
APPLICATION OF PESTICIDES BY THE APPLICATOR OR
HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT
AND EVIDENCE REQUIRED FOR FINANCIAL
RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A
SURETY BOND OR INSURANCE POLICY, PROVIDE FOR
AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE,
AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR
BOND COVERAGE FOR COMMERCIAL APPLICATORS;
AND TO AMEND SECTION 46-13-210, RELATING TO
JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF
THE DIVISION OF REGULATORY AND PUBLIC SERVICE
PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES,
CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR
REVIEW ONLY OF CONTESTED CASES PURSUANT TO
THE ADMINISTRATIVE PROCEDURES ACT INSTEAD OF
THE CIRCUIT COURT; TO AMEND SECTION 46-13-10,
RELATING TO THE CITING AND ADMINISTRATION OF
THE PESTICIDE CONTROL ACT, SO AS TO CHANGE THE
ADMINISTRATION FROM THE CLEMSON UNIVERSITY
BOARD OF TRUSTEES TO THE STATE CROP PEST
COMMISSION; TO DIRECT THE CODE COMMISSIONER
TO CHANGE REFERENCES TO "BOARD OF
TRUSTEES OF CLEMSON UNIVERSITY" TO
"STATE CROP PEST COMMISSION"; TO AMEND
THE 1976 CODE BY ADDING SECTION 46-13-175 SO AS TO
AUTHORIZE THE DIRECTOR TO WAIVE ANY
PROVISIONS OF CHAPTER 13, TITLE 46 TO INSURE THE
AVAILABILITY OF PESTICIDES FOR MINOR USES; AND
TO CREATE A COMMITTEE TO REVIEW ACTIVE
PESTICIDE USAGE, GROUNDWATER CONTAMINATION,
WORKER SAFETY PROTECTION, AND PESTICIDE
EDUCATION PROGRAMS.
Be it enacted by the General Assembly of the State of South
Carolina:
Renewal date for registration of pesticides and related
devices; fees revised
SECTION 1. Section 46-13-40 of the 1976 Code is amended to
read:
"Section 46-13-40. (A) Every pesticide or device
which is distributed within this State or delivered for
transportation or transported in intrastate commerce or between
points within this State through a point outside this State must be
registered subject to this chapter. Sections 46-13-170 and
46-13-200 provide enforcement procedures. The registration must
be renewed annually before September first.
(1) Products which have the same formula and are
manufactured by the same person, the labeling of which contains
the same claims and the labels of which bear a designation
identifying the product as the same pesticide, may be registered as
a single pesticide. Additional names and labels must be added by
supplemental statements during the current period of registration.
The foregoing applies if the manufacturer is also the distributor.
Products manufactured by one person for distribution by another
and labeled as the distributor's products must be treated as
separate products from those marketed as the manufacturer's
products.
(2) A change in the labeling or formulas of a pesticide
may be made within the current period of registration without
requiring a registration of the product. Notwithstanding other
provisions of this section, registration is not required for a
pesticide shipped from one plant within this State to another plant
within this State operated by the same person.
(3) Registration is not required if the pesticide is
distributed under the provisions of an experimental use permit
issued under Section 46-13-30(E) or an experimental use permit
issued by the Environmental Protection Agency.
(B) The applicant for registration shall file a statement with
the director which must include:
(1) the name and address of the applicant and the name
and address of the person whose name will appear on the label, if
other than the applicant's;
(2) the name of the pesticide;
(3) a complete copy or facsimile of the labeling
accompanying the pesticide and a statement of all claims to be
made for it, including the directions for use;
(4) the use classification as provided in the Federal
Insecticide, Fungicide, and Rodenticide Act when required by
regulations under that act.
(C) The director, when he considers it necessary, may require
the submission of the complete formula of a pesticide including
the active and inert ingredients.
(D) The director may require a full description of the tests
made and the results upon which the claims are based on a
pesticide not registered federally or on a pesticide on which
restrictions are being considered. For a renewal of registration, a
statement is required only with respect to information which is
different from that furnished when the pesticide was registered or
last reregistered.
(E) The director may prescribe other necessary information by
regulation.
(F) The applicant desiring to register a pesticide shall pay an
annual registration fee of one hundred dollars for each restricted
use pesticide product, as defined in Section 46-13-20MM, and
sixty dollars for each nonrestricted use pesticide product to the
director for each pesticide registered for the applicant.
Registrations expire on August thirty-first each year.
(G) Registration approved by the director and in effect on the
thirty-first day of August for which a renewal application has been
made and the proper fee paid continues in effect until the director
notifies the applicant that the registration has been renewed or
otherwise denied in accord with this section. Forms for
reregistration must be mailed to registrants at least thirty days
before the due date.
(H) If the renewal of a pesticide registration is not filed before
September first of any one year, an additional fee of twenty-five
dollars for each label must be assessed and added to the original
fee and paid by the applicant before the registration renewal for
that pesticide may be issued. The payment of the additional fee is
not a bar to prosecution for doing business without proper
registry.
(I) If it appears to the director that the composition of the
pesticide is such as to warrant the proposed claims for it and if the
pesticide and its labeling and other material required to be
submitted comply with the requirements of this chapter and if
approved and registered by the Environmental Protection Agency
under Public Law 92-516, the product must be registered.
(J) The director shall publish an annual report of the results of
analyses based on official samples as compared with the analyses
guaranteed and information concerning the distribution of
pesticides. Individual distribution information is not a public
record.
(K) (1) In submitting data required by this chapter, the
applicant may:
(a) clearly mark portions which in his opinion are trade
secrets or commercial or financial information;
(b) submit the marked material separately from other
material required to be submitted under this chapter.
(2) Notwithstanding other provisions of this chapter, the
director may not make public information which in his judgment
contains or relates to trade secrets or commercial or financial
information obtained from a person and privileged or confidential,
except when necessary to carry out this chapter, information
relating to formulas of products acquired by authorization of this
chapter may be revealed to a state or federal agency
consulted.
(3) If the director proposes to release for inspection
information which the applicant or registrant believes to be
protected from disclosure under item (2), he shall notify the
applicant or registrant, in writing, by certified mail. The director
may not make the data available for inspection until thirty days
after receipt of the notice by the applicant or registrant. During
this period the applicant or registrant may institute an action in
appropriate court for a declaratory judgment as to whether the
information is subject to protection under item (2)."
Additional requirements for certification of applicators of
pesticides
SECTION 2. Section 46-13-60(3)(e) of the 1976 Code, as last
amended by Act 491 of 1990, is further amended to read:
"(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 automatically until
proof of continuing responsibility is provided by the applicator. It
is unlawful for the person to engage in the business of applying
pesticides until the financial responsibility is brought into
compliance with the requirements of Section 46-13-100, and his
license is reinstated by the director. If the applicator fails to
reinstate his financial responsibility within three months or his
applicator's license expires sooner, his license automatically is
revoked and must not be restored until he has complied with the
requirements of this section."
Financial responsibility required for a commercial applicator's
license
SECTION 3. Section 46-13-100 of the 1976 Code is amended to
read:
"Section 46-13-100. The director may not issue a
commercial applicator's license until the applicant has furnished
evidence of financial responsibility with the director which may
include, but is not limited to, a surety bond or a liability insurance
policy or certification protecting persons who may suffer legal
damages as a result of the application of pesticides by the
commercial applicator or his agents or employees.
(1) The amount of the financial responsibility provided in this
section must be not less than twenty-five thousand dollars for
property damage and public liability insurance. The director by
regulation may increase the financial responsibility to not more
than one hundred thousand dollars by category or classification.
Financial responsibility must be maintained at not less than that
sum at all times during the licensed period. The director must be
notified ten days before a reduction or cancellation at the request
of the applicant or cancellation or nonrenewal of surety financial
responsibility by the surety or insurer. The director may accept a
liability insurance policy or surety bond in the proper sum which
has a deductible clause in an amount not exceeding one thousand
dollars. If the applicant has not satisfied the requirement of the
deductible clause it must not be accepted by the director unless
the applicant furnishes the director with a surety bond or liability
insurance which satisfies the amount of the deductible as to all
claims that may arise in his application of pesticides. A surety
bond or insurance policy must be issued by a company authorized
to do business within this State. The bond must be filed with the
department and exists for the benefit of a holder of a final
judgment against the person who filed the bond for personal
liability or property damages, or both, as contemplated in item (4).
Aerial applicators insured or bonded under Section 55-8-50, may
utilize the coverage provided by that policy or bond if the policy
or bond specifically covers personal injury or property damage, or
both, caused by the aerial application of pesticides in the required
amount. The aerial applicator shall furnish appropriate
documentation of the coverage to the director.
(2) The director may provide by regulation for self
insurance.
(3) Nothing in this chapter relieves a person from liability for
damage to the person or lands of another caused by the use of
pesticides even though the use conforms to the regulations
promulgated by the director.
(4) The insurance or bond coverage required of commercial
applicators must provide specifically for personal injuries or
property damages, or both, caused by the application of pesticides
by the commercial applicator or his agents or employees.
However, this requirement does not guarantee control of the pest
for which the application is made."
Review of contested cases pursuant to the Administrative
Procedures Act
SECTION 4. Section 46-13-210 of the 1976 Code is amended to
read:
"Section 46-13-210. A person aggrieved by action of the
director in a contested case, as defined in Section 1-23-310, may
obtain a review of the case pursuant to the Administrative
Procedures Act."
State Crop Pest Commission to administer the Pesticide
Control Act
SECTION 5. Section 46-13-10 of the 1976 Code is amended to
read:
"Section 46-13-10. This chapter may be cited as the
`South Carolina Pesticide Control Act' and must be administered
by the State Crop Pest Commission."
References changed
SECTION 6. The Code Commissioner shall change references to
"Board of Trustees of Clemson University" to
"State Crop Pest Commission" in Chapter 13, Title 46
of the 1976 Code.
Availability of pesticides for minor uses
SECTION 7. The 1976 Code is amended by adding:
"Section 46-13-175. The director shall use discretion to
waive any provisions of this chapter, as necessary, to insure the
availability of pesticides for minor uses."
Committee created to review active pesticide usage,
groundwater contamination, worker safety protection, and
pesticide education programs
SECTION 8. (A) A committee is created to review active
pesticide usage, groundwater contamination, worker safety
protection, and pesticide education programs in the State. The
committee shall investigate funding of these programs relative to
annual pesticide product registration fees and to other fees to
insure equitable fees for each segment of the regulated
industry.
(B) The committee must be appointed by the chairmen of the
Senate Agriculture and Natural Resources Committee and House
of Representatives Agriculture, Natural Resources and
Environmental Affairs Committee upon the recommendation of
the director of the Division of Regulatory and Public Service
Programs of Clemson University by August 30, 1992. The
committee must include a representative of regulatory and public
service programs, an agricultural pesticide registrant, a
nonagricultural registrant, an agricultural producer, a user of
household or institutional pesticide products, or both, and a
representative of the Governor's office. The committee shall elect
a chairman who shall report the findings to the chairmen of the
legislative committees and to the Pesticide Advisory Committee
by January 15, 1993. The committee is dissolved upon that
date.
Time effective
SECTION 9. This act takes effect upon approval by the
Governor.
Approved the 1st day of July, 1992. |