South Carolina General Assembly
112th Session, 1997-1998

Bill 4640


                    Current Status

Bill Number:                    4640
Ratification Number:            334
Act Number:                     506
Type of Legislation:            Joint Resolution JR
Introducing Body:               House
Introduced Date:                19980217
Primary Sponsor:                Rhoad
All Sponsors:                   Rhoad, Sharpe, Barfield, T. Brown
                                and Webb 
Drafted Document Number:        psd\7187ac.98
Date Bill Passed both Bodies:   19980407
Date of Last Amendment:         19980331
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980421
Subject:                        Pesticide operation, compressed
                                gas tank or cylinder to supply
                                propellant equipped with back flow
                                device, Agriculture

History

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980910  Act No. A506
------  19980421  Unsigned, became law without
                  signature of Governor
------  19980414  Ratified R334
House   19980407  Concurred in Senate amendment,
                  enrolled for ratification
Senate  19980401  Read third time, returned to House
                  with amendment
Senate  19980331  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19980331  Committee amendment adopted
Senate  19980327  Committee report: Favorable with         01 SANR
                  amendment
Senate  19980324  Introduced, read first time,             01 SANR
                  referred to Committee
House   19980320  Read third time, sent to Senate
House   19980319  Read second time, unanimous
                  consent for third reading on
                  Friday, 19980320
House   19980318  Committee report: Favorable              20 HANR
House   19980217  Introduced, read first time,             20 HANR
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A506, R334, H4640)

A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW PREVENTION DEVICES AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES.

Whereas, on two occasions within the past year, persons not involved in agricultural operations have been injured by pesticides, specifically fumigants, which apparently have, during the course of fumigation operations, flowed from pesticide containers into the tanks which contained the compressed gas (nitrogen, air, etc.) propellant. These tanks were not purged prior to refilling, such that the subsequent users of the tanks were put at risk; and

Whereas, until the State Crop Pest Commission promulgates regulations addressing this matter, it is incumbent upon the General Assembly to take measures to protect the health and safety of the public. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Back flow prevention devices required; penalties

SECTION 1. (A) All persons engaged in pesticide operations shall ensure that all compressed gas tanks or cylinders which are used to supply propellant for pesticides used in fumigations or other pesticide applications are equipped with properly functioning back flow prevention devices which will prevent the entry of pesticide into the compressed gas tank or cylinder. No person shall operate any compressed gas tank or cylinder in pesticide operations unless a back flow prevention device is installed and properly functioning.

The back flow prevention device must be placed between the tank/cylinder regulator and the pesticide system.

Pesticide operations must cease prior to the tank/cylinder pressure falling below twice the pesticide system operating pressure, or 200 psi, whichever is greater.

(B) Any person who violates any provision of this section or any regulation promulgated hereunder shall be subject to the criminal and/or civil penalties as provided by Section 46-9-90.

Duration of resolution

SECTION 2. This joint resolution remains in effect until such time as the State Crop Pest Commission promulgates regulations addressing the matter.

Time effective

SECTION 3. This joint resolution takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 04/21/98.