CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 3641
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Agriculture offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. To carry out its duties with respect to
18 emergency responses to plant pest infestations when the
19 eradication programs involve the aerial application of a
20 pesticide to an urbanized area, the Department of Agriculture
21 and Consumer Services shall:
22 (1) Use a pesticide previously approved by the United
23 States Environmental Protection Agency for that eradication
24 purpose.
25 (2) Provide a system for dissemination of information
26 to the public about infestations of pests that are the subject
27 of such eradication programs. The system shall disseminate
28 information relating to the pest; the pesticide selected to
29 eradicate that pest; the generally accepted effects, if any,
30 of the pesticide on the human population and the environment
31 in the area in which an aerial eradication program will be
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HOUSE AMENDMENT
Bill No. HB 3641
Amendment No. 01 (for drafter's use only)
1 conducted; recommended safety precautions; and the alternative
2 methods of responding to the pest infestation, if any.
3 Section 2. At any time when the Department of
4 Agriculture and Consumer Services is conducting an emergency
5 response to a plant pest infestation which involves the aerial
6 application of a pesticide to an urbanized area, the
7 Department of Health shall monitor health problems that result
8 from chemical exposure about which complaints are made to
9 physicians and health care facilities. The Department of
10 Health shall provide a toll-free hotline on which persons may
11 register complaints and shall make a record of all calls
12 received on that line. In consultation with the Department of
13 Health, the Department of Agriculture and Consumer Services
14 shall adopt by rule standards for determining when the use of
15 a particular pesticide should be discontinued.
16 Section 3. Before the Department of Agriculture and
17 Consumer Services begins an emergency response to a plant pest
18 infestation which involves the aerial application of a
19 pesticide to an urbanized area, the department shall notify
20 the public in the area in which the pesticide is to be applied
21 of its impending action. Notice must be given at least 48
22 hours before beginning the aerial application of a pesticide
23 to an urbanized area. The department shall use all reasonable
24 methods to disseminate, as widely as possible, information
25 required under this section. Information to be disseminated
26 includes, but is not limited to: a copy of any Environmental
27 Protection Agency permit or other permit under which the
28 pesticide will be applied; the source, including the date of
29 publication, of any technical information about the pesticide
30 which is included in the notice, if available; the projected
31 area over which the pesticide will be applied; the predicted
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File original & 9 copies 03/31/98
hag0009 12:39 pm 03641-ag -094395
HOUSE AMENDMENT
Bill No. HB 3641
Amendment No. 01 (for drafter's use only)
1 duration of the application period; and the number of the
2 Department of Health's toll-free hotline. When the emergency
3 response to a plant pest infestation requires the aerial
4 application of a pesticide to an urbanized area for a period
5 longer than 1 week, the department shall notify the public in
6 the area of the program's continuation. The department shall
7 notify the public in the area when an emergency response to a
8 plant pest infestation which requires the aerial application
9 of a pesticide to an urbanized area is terminated.
10 Section 4. The Department of Health shall provide
11 technical assistance relating to health problems that result
12 from chemical exposure to physicians and health care
13 facilities in an area in which the Department of Agriculture
14 and Consumer Services is conducting an emergency response to a
15 plant pest infestation which involves the aerial application
16 of a pesticide to an urbanized area. The Department of Health
17 shall provide the names, addresses, and telephone numbers of
18 physicians and health care facilities in the area in which the
19 eradication program will be conducted which specialize in
20 health problems resulting from chemical exposure.
21 Section 5. The Department of Health shall provide
22 technical assistance to the Department of Agriculture and
23 Consumer Services when the latter department is carrying out
24 an emergency response to a plant pest infestation which
25 involves the aerial application of a pesticide to an urbanized
26 area and shall establish a health advisory committee. The
27 committee shall consist of seven members and shall include the
28 State Health Officer, the local health officer, the poison
29 information center director, a toxicologist from the
30 Department of Agriculture and Consumer Services, a person
31 representing the state teaching hospital, a physician
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hag0009 12:39 pm 03641-ag -094395
HOUSE AMENDMENT
Bill No. HB 3641
Amendment No. 01 (for drafter's use only)
1 practicing in the area, and an epidemiologist from the
2 Department of Health. The duties of the health advisory
3 committee are to serve as a resource, under the supervision of
4 the Department of Health, to the Department of Health and the
5 Department of Agriculture and Consumer Services in carrying
6 out their duties under this act. Duties of the health advisory
7 committee include, but are not limited to, review of the
8 aggregate information collected from physician and hotline
9 calls.
10 Section 6. As used in this act, the term "urbanized
11 area" means land that is zoned for purposes other than
12 agricultural purposes and that has a residential density of
13 two or more units per acre.
14 Section 7. This act shall take effect July 1 of the
15 year in which enacted.
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19 And the title is amended as follows:
20 remove from the title of the bill: the entire title
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22 and insert in lieu thereof:
23 A bill to be entitled
24 An act relating to eradication of agricultural
25 pests; prescribing duties of the Department of
26 Agriculture and Consumer Services and the
27 Department of Health with respect to programs
28 of emergency aerial application of pesticide
29 for eradication of plant pests; requiring use
30 of certain pesticides; requiring development of
31 a system for informing the public of such
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File original & 9 copies 03/31/98
hag0009 12:39 pm 03641-ag -094395
HOUSE AMENDMENT
Bill No. HB 3641
Amendment No. 01 (for drafter's use only)
1 programs and requiring public and other notice
2 of certain programs of pest eradication;
3 providing for information to be furnished to
4 health care providers; providing for health
5 advisory committees; providing an effective
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File original & 9 copies 03/31/98
hag0009 12:39 pm 03641-ag -094395