HSB 737

GENERAL. This bill provides for the sale and use of certain pesticides regulated by the United States environmental protection agency (EPA) under the federal Insecticide, Fungicide, and Rodenticide Act (federal Act) and the “Pesticide Act of Iowa” administered by the department of agriculture and land stewardship under Code chapter 206 (state Act). PESTICIDE LABELING. The bill provides for a defense from civil liability associated with the use of pesticides that are registered with the EPA acting under the federal Act. The bill provides that a label provides sufficient warning if it complies with any one of three criteria: (1) it was approved by the EPA, (2) it is consistent with the most recent human health assessment performed under the federal Act, or (3) it is consistent with the EPA’s carcinogenicity classification for the pesticide. In each case, the label is sufficient to satisfy any requirements for a warning regarding health or safety under the state Act, and any other provision of state law or any other common law duty to warn. However, this provision of the bill does not apply to a product made by a Chinese state-owned enterprise. PESTICIDE DEALER LICENSE FEES.8). Under current law, there are two rate systems based on whether the dealer had less than or equal to $100,000 in sales. Under the first system, a dealer pays the fee amount on a flat rate basis according to a graduated schedule ranging from a bottom rate of $10 for sales of less than $10,000 to a top rate of $100 for sales from $75,000 or more to less than the $100,000 cap. A dealer with $100,000 or more in sales pays a license fee calculated as one-tenth of 1 percent of the amount of dealer sales. The bill adds a new top step to the first system of graduated flat rates by imposing a fee of $125 for sales of $100,000 or more but less than $125,000. It makes a corresponding change to the second system by increasing from $100,000 to $125,000 the amount of sales required for fees based on a percentage of sales.