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
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Agriculture offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

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

                                  1

    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  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

                                  2

    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

                                  3

    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  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.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20  remove from the title of the bill:  the entire title

21

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

                                  4

    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

 6         date.

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

    File original & 9 copies    03/31/98
    hag0009                     12:39 pm         03641-ag  -094395