HB 232 – AS INTRODUCED
2009 SESSION
08/09
HOUSE BILL 232
AN ACT permitting the pesticide control board to establish pesticide fees.
SPONSORS: Rep. S. Scamman, Rock 13
COMMITTEE: Environment and Agriculture
This bill permits the pesticide control board to establish pesticide fees.
This bill is a request of the department of agriculture, markets, and food.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0535
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT permitting the pesticide control board to establish pesticide fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Pesticide Control Board. Amend RSA 430:31, IV by inserting after subparagraph (y) the following new subparagraph:
(z) Establishment of all fees required under this subdivision.
2 Pesticide Registration Certificates and Permits. Amend RSA 430:33, I-II to read as follows:
I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration with a fee [of $20] shall be collected by the division for each commercial or private applicator registration, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The board shall by rule establish the criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicator, private applicator, and commercial applicator for hire. Each application for registration shall contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as the division may require. Every person applying for a registration certificate shall be required to demonstrate by examination, or by such other means as the board by rule may establish, his competency and ability to use pesticides in accordance with standards of the board. The division shall require from each applicant proof of financial responsibility in amounts to be determined under rules adopted by the board. Registered applicators shall maintain routine operational records pursuant to the rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted by an applicant for renewal of a certificate of registration. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a certificate of registration.
II. No person, other than a commercial applicator, shall apply pesticides in this state without first obtaining a written permit from the division except as provided in RSA 430:46. An annual application for a permit with a fee [of $20] shall be collected by the division for each permit, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The division shall require each applicant for a permit to demonstrate, by examination or other procedure prescribed by the board in rules, the applicant’s competence and ability to use pesticides in accordance with standards of the board. Permit holders shall maintain routine operational records pursuant to rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted to the division by an applicant for renewal of a permit. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a permit.
3 Pesticides; Application of Registration and Permits. Amend RSA 430:34, III to read as follows:
III. Each application for initial examination of a commercial or private applicator shall be accompanied by an examination fee [of $5] for each category or commodity group in which such examination is requested. When an applicator has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a re-examination fee [of $5] for each category or commodity group in which re-examination is requested. A separate application and re-examination fee shall be filed by the applicant each time a re-examination is requested.
4 Pesticide Dealer License. Amend RSA 430:35, II-III to read as follows:
II. Application for a license shall be accompanied by [a $20] an annual license fee. Dealer applications for renewal received beyond the December 31 deadline shall be subject to a [$10] late registration fee. Application for a license shall be on a form prescribed by the division and shall include the full name of the person applying for such license. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the division; provided that the provisions of this section shall not apply to a pesticide applicator who sells pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through apparatuses used for such pesticide application; provided, further, that the provisions of this section shall not apply to any federal, state, or county agency which provides pesticides for their own programs.
III. Each applicant shall satisfy the division as to his knowledge of the laws and rules governing the use and sale of pesticides and his responsibility in carrying on the business of a pesticide dealer through examination. In addition, each employee or agent of a pesticide dealer who sells or recommends restricted-use pesticides or state restricted-use pesticides shall obtain a pesticide dealer license. Each application for initial examination for a dealer license shall be accompanied by an examination fee [of $5]. When an applicant has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a fee [of $5].
5 Registrant Statement Required. Amend RSA 430:38, III to read as follows:
III. The registrant shall pay an annual fee for each [pesticide registered as follows] of the following pesticides, as set by the board:
(a) [For a] Restricted use [pesticide $80 per product per year] pesticides;
(b) [ For a] General use [pesticide] pesticides, other than [a] specialty/household [pesticide $80 per product per year] pesticides;
(c) [For a] Specialty/household [pesticide $80 per product per year] pesticides.
6 Effective Date. This act shall take effect December 30, 2009.