Current Status Introducing Body:
HouseBill Number: 4281Ratification Number: 570Act Number: 467Primary Sponsor: SnowType of Legislation: GBSubject: Pesticides, agriculturalDate Bill Passed both Bodies: Jun 03, 1992Computer Document Number: NO5/8026.BDGovernor's Action: SDate of Governor's Action: Jul 01, 1992Introduced Date: Jan 28, 1992Date of Last Amendment: Jun 02, 1992Last History Body: ------Last History Date: Jul 01, 1992Last History Type: Act No. 467Scope of Legislation: StatewideAll Sponsors: SnowType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4281 ------ Jul 01, 1992 Act No. 467 4281 ------ Jul 01, 1992 Signed by Governor 4281 ------ Jun 04, 1992 Ratified R 570 4281 House Jun 03, 1992 Concurred in Senate amendment, enrolled for ratification 4281 Senate Jun 02, 1992 Amended, read third time, returned with amendment 4281 Senate May 28, 1992 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments to third reading 4281 Senate Apr 16, 1992 Committee Report: Favorable 01 4281 Senate Mar 24, 1992 Introduced, read first time, 01 referred to Committee 4281 House Mar 20, 1992 Read third time, sent to Senate 4281 House Mar 19, 1992 Unanimous consent for third reading on next Legislative day 4281 House Mar 19, 1992 Amended, read second time 4281 House Mar 18, 1992 Debate adjourned until Thursday, March 19, 1992 4281 House Mar 05, 1992 Debate adjourned until Tuesday, March 17, 1992 4281 House Feb 27, 1992 Committee Report: Favorable 20 with amendment 4281 House Jan 28, 1992 Introduced, read first time, 20 referred to CommitteeView additional legislative information at the LPITS web site.
(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."
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.
SECTION 9. This act takes effect upon approval by the Governor.
Approved the 1st day of July, 1992.