SB2441 (As Introduced) - 1998 Regular Session

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Agriculture

By: Senator(s) Thames, Stogner, Harvey

Senate Bill 2441

AN ACT TO AMEND SECTION 69-23-7, MISSISSIPPI CODE OF 1972, TO CHANGE THE REQUIREMENTS FOR PESTICIDE REGISTRATIONS FROM ANNUAL TO BIENNIAL RENEWAL PERIODS; TO REVISE REGISTRATION FEES FOR PESTICIDE PRODUCTS; TO AMEND SECTION 69-23-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LICENSES FOR PESTICIDE DEALERS SHALL EXPIRE ON DECEMBER 31 OF EVERY THIRD YEAR; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 69-23-7, Mississippi Code of 1972, is amended as follows:

[Until December 31, 1998, this section shall read as follows:]

(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;

(b) The name of the pesticide;

(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;

(d) If requested by the commissioner, a full description of the tests made and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered; and

(e) Any other information required by the commissioner which may be prescribed by regulation.

(2) The registrant shall pay an annual fee of One Hundred Dollars ($100.00) for each brand or grade of pesticide registered. Fifty percent (50%) of the fees collected under authority of this section shall be deposited in a special fund in the Treasury of the State of Mississippi; and subject to appropriation by the Mississippi Legislature, said fees shall be used by the Mississippi Department of Agriculture and Commerce for enforcement of this chapter, and by the Mississippi Department of Environmental Quality to carry out a program of protecting the underground water resources from pesticides. Fifty percent (50%) of the fees collected under authority of this section shall be deposited in a special fund in the State Treasury, and subject to appropriation by the Mississippi Legislature, such fees shall be used by the Department of Agriculture and Commerce to implement a waste pesticide disposal program.

(3) The commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the commissioner that the composition of the articles is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of Section 69-23-5, he shall register the article; provided, that the article is registered under FIFRA. If the state is certified by the administrator of EPA to register pesticides pursuant to Section 24(c) of FIFRA, he may register the article to meet special local needs if he determines that the registration will not be in violation of FIFRA.

(4) If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this chapter, he shall notify the applicant of the manner in which the article, labeling or other material required to be submitted fail to comply with the chapter so as to afford him an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the commissioner may refuse to register the article and the applicant may request a hearing. In order to protect the public, the commissioner, with approval of the advisory board provided for in Section 69-25-3, may, at any time, cancel or suspend the registration of a pesticide if he determines that it does not comply with this chapter or creates an imminent hazard; or, pursuant to a notice from the Commission on Environmental Quality under Section 49-17-26 in relation to state underground water quality standards, he shall provide for modification of the labeling of any pesticide, or suspend or cancel the registration of any pesticide or any use of any pesticide, or adopt a regulation in accordance with Section 69-23-9 to protect the underground water resources, as defined in the Federal Safe Drinking Water Act, in the shortest reasonable time. He may advise EPA of the manner in which a federally registered pesticide fails to comply with FIFRA and suggest the necessary corrections.

(5) Notwithstanding any other provision of this chapter, registration is not required in case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

(6) The commissioner by regulation may exempt from registration requirements those pesticide products that are exempted by the United States Environmental Protection Agency under Section 25(b) of the Federal Insecticide, Fungicide and Rodenticide Act.

[From and after January 1, 1999, this section shall read as follows:]

69-23-7. (1) Every pesticide product which is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the commissioner, and such registration shall be renewed once every two (2) years beginning July 1, 1999, and once every two (2) years thereafter. Renewals that are due on January 1, 1999, shall be for thirty (30) months and the fees shall be as provided in subsection (2) of this section. The registrant shall file with the commissioner a statement including:

(a) The name and address of the registrant and the name and address of the person whose name will appear on the label if other than the registrant;

(b) The name of the pesticide;

(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use and the use classification as provided for in FIFRA;

(e) Any other information required by the commissioner which may be prescribed by regulation.

(2) The registrant shall pay a biennial fee of Two Hundred Dollars ($200.00) for each * * * pesticide product registered. However, the registration fee for the period January 1, 1999, through June 30, 2001, shall be two Hundred Fifty Dollars ($250.00) per pesticide product. Thereafter, the registration fee shall be Two Hundred Dollars ($200.00) per product for each two-year period. Fifty percent (50%) of the fees collected under authority of this section shall be deposited in a special fund in the Treasury of the State of Mississippi; and subject to appropriation by the Mississippi Legislature, said fees shall be used by the Mississippi Department of Agriculture and Commerce for enforcement of this chapter, and by the Mississippi Department of Environmental Quality to carry out a program of protecting the underground water resources from pesticides. Fifty percent (50%) of the fees collected under authority of this section shall be deposited in a special fund in the State Treasury, and subject to appropriation by the Mississippi Legislature, such fees shall be used by the Department of Agriculture and Commerce to implement a waste pesticide disposal program.

SECTION 2. Section 69-23-27, Mississippi Code of 1972, is amended as follows:

69-23-27. (1) It shall be unlawful for any person to act as a licensed pesticide dealer without being licensed by the commissioner. A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any dealer who has no pesticide outlet licensed within this state and who distributes such pesticides directly into this state shall obtain a pesticide dealer license for his principal out-of-state location or outlet.

(2) Application for a license shall be submitted on a form prescribed by the commissioner, and shall include the name and address of the applicant, the name of the pesticide dealer manager, the address of each outlet, the name of the resident agent if the dealer is not a resident of this state, and any other information required by the commissioner.

(3) Provisions of this section shall not apply to (a) a licensed pesticide applicator who sells pesticides only as an integral part of his pesticide application service where such pesticides are applied by the commercial applicator; or (b) any federal, state, county or municipal agency which provides pesticides only for its own programs.

(4) The commissioner may set standards and qualifications for licensing of pesticide dealers and dealer managers to determine their competency.

(5) Licenses for pesticide dealers will expire on December 31 of every third year * * *.

(6) The commissioner may prescribe rules and regulations pertaining to licensing of pesticide dealers, including but not limited to record keeping, and may at any time cancel, suspend or revoke a pesticide dealer license when he finds there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.