Regulating the application of pesticides, including by providing for the certification of applicators, and certain actions taken by the department of agriculture and land stewardship against private applicators, and providing penalties

GENERAL. This bill amends provisions in the “Pesticide Act of Iowa” (Code chapter 206), regulating the use of pesticides by certain persons referred to as applicators.2(21)).5(1)).7).175).2(6)).5).8). EMPLOYEE OF A FOOD PROCESSING AND DISTRIBUTION ESTABLISHMENT. An employee of a food processing and distribution establishment may act as an applicator without being certified so long as another person holding a supervisory position over the employee is certified.5(6)). CIVIL PENALTIES.19(5)). An assessment of the civil penalty is based upon a number of factors relating to the intent of the violator, the extent that the violation poses a danger to the public, the cost of the injury or damage caused by the violation, remedial action required of the violator, and the violator’s previous history. The amount of the penalty cannot exceed $500 for each offense.22). A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. PRIVATE PESTICIDE APPLICATOR PEER REVIEW PANEL.23B). Three of the persons must be certified public applicators and two of the persons must be members of the public who have not been certified or licensed under the Code chapter.23A). The new panel must make recommendations to DALS regarding the establishment of civil penalties against private applicators. The new panel must also review cases of persons required to be certified as private applicators who are subject to civil penalties as provided in the bill. A review requirement does not apply in a number of circumstances, including certification revocation proceedings or an action involving an immediate risk of harm to the environment or public health. The bill does not require a review if DALS refers a violation for criminal prosecution, or for an action involving a stop order issued by DALS. DALS is not required to change the findings of an investigation, a penalty sought to be assessed, or a manner of collection. A response by the panel may be used as evidence in an administrative hearing, or a civil or criminal case, except when the information is considered confidential.