SF 2316

Senate
File
2316
-
Introduced
SENATE
FILE
2316
BY
STAED
A
BILL
FOR
An
Act
prohibiting
a
pesticide
containing
paraquat,
making
1
penalties
applicable,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
206.2,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
18A.
“Paraquat”
means
any
pesticide
3
containing
paraquat
dichloride
or
any
other
chemical
form
of
4
paraquat.
5
NEW
SUBSECTION
.
32.
“Work
group”
means
the
environmental
6
research
and
sustainable
farming
advisory
work
group
7
established
pursuant
to
section
206.33C.
8
Sec.
2.
NEW
SECTION
.
206.33A
Paraquat
——
prohibition.
9
1.
Except
as
provided
in
subsection
2,
a
person
shall
not
10
offer
for
sale,
sell,
purchase,
apply,
or
use
a
pesticide
11
containing
paraquat.
12
2.
The
department
or
the
department
of
natural
resources
may
13
approve
the
use
of
paraquat
for
research
purposes
only,
if
the
14
use
is
conducted
under
strict
safety
and
reporting
protocols
as
15
provided
by
the
department
overseeing
the
research.
16
Sec.
3.
NEW
SECTION
.
206.33B
Paraquat
——
reporting
17
requirements
on
current
use.
18
1.
By
December
31,
2026,
any
person
that
currently
offers
19
for
sale,
sells,
purchases,
applies,
or
uses
a
pesticide
20
containing
paraquat
in
this
state
must
submit
a
report
to
the
21
department
and
the
department
of
natural
resources
detailing
22
all
of
the
following:
23
a.
The
quantity
of
paraquat
used,
sold,
or
distributed
in
24
the
preceding
year.
25
b.
The
geographic
areas
of
use.
26
c.
The
types
of
crops
or
applications
for
which
paraquat
is
27
used.
28
2.
The
department
shall
compile
the
reports
submitted
to
the
29
department
pursuant
to
subsection
1
into
a
statewide
paraquat
30
use
report.
The
report
shall
be
published
and
maintained
on
31
the
department’s
internet
site.
32
3.
This
section
is
repealed
July
1,
2032.
33
Sec.
4.
NEW
SECTION
.
206.33C
Paraquat
——
environmental
34
research
and
sustainable
farming
advisory
work
group
——
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establishment
and
membership.
1
1.
An
environmental
research
and
sustainable
farming
2
advisory
work
group
is
established.
3
2.
The
work
group
shall
include
all
of
the
following
voting
4
members:
5
a.
The
secretary
of
agriculture
or
the
secretary’s
designee.
6
b.
The
director
of
the
department
of
natural
resources
or
7
a
designee.
8
c.
The
following
members
appointed
by
the
governor:
9
(1)
Not
more
than
five
individuals,
each
of
whom
is
an
10
academic
researcher
with
expertise
in
toxicology,
environmental
11
science,
or
sustainable
agriculture.
12
(2)
Not
more
than
five
individuals,
each
of
whom
represents
13
farmers
or
agricultural
industry
organizations.
14
(3)
Not
more
than
five
individuals,
each
of
whom
represents
15
a
public
health
and
environmental
advocacy
organization.
16
3.
All
members
of
the
work
group
are
voting
members.
17
4.
A
vacancy
of
a
member
on
the
work
group
shall
be
filled
18
in
the
same
manner
as
the
original
appointment.
19
5.
This
section
is
repealed
July
1,
2032.
20
Sec.
5.
NEW
SECTION
.
206.33D
Paraquat
——
work
group
——
21
administration.
22
1.
The
work
group
shall
be
housed
in
the
department
of
23
agriculture
and
land
stewardship.
The
department
shall
provide
24
the
work
group
with
facilities,
materials,
and
administrative
25
support.
26
2.
The
work
group
shall
hold
its
first
meeting
not
later
27
than
July
1,
2026.
Meetings
of
the
work
group
may
be
convened
28
by
the
chairperson
of
the
work
group
or
by
a
majority
of
work
29
group
voting
members.
However,
the
first
meeting
of
the
work
30
group
shall
be
convened
by
the
governor.
31
3.
The
work
group
shall
elect
a
chairperson
and
vice
32
chairperson
from
the
membership
of
the
work
group.
33
4.
A
majority
of
the
members
of
the
work
group
constitutes
a
34
quorum.
Any
action
taken
by
the
work
group
must
be
adopted
by
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the
affirmative
vote
of
a
majority
of
its
membership.
A
task
1
force
member’s
designee
may
vote
on
work
group
matters
in
the
2
absence
of
the
member.
3
5.
Private
members
of
the
task
force
shall
not
receive
a
per
4
diem
but
shall
be
reimbursed
by
the
department
of
agriculture
5
and
land
stewardship
for
actual
expenses.
6
6.
This
section
is
repealed
July
1,
2032.
7
Sec.
6.
NEW
SECTION
.
206.33E
Paraquat
——
environmental
8
research
and
sustainable
farming
advisory
work
group
——
duties.
9
1.
The
work
group
shall
do
all
of
the
following:
10
a.
Review
the
environmental
and
public
health
impacts
11
of
paraquat
and
other
hazardous
pesticides
that
may
cause
12
neurological
diseases.
13
b.
Identify
best
practices
and
opportunities
for
sustainable
14
and
safer
alternatives
in
agriculture.
15
2.
The
work
group
shall
submit
an
annual
report
to
the
16
governor
and
general
assembly
not
later
than
December
31,
2027,
17
and
by
that
date
each
subsequent
year
until
the
work
group
18
submits
a
final
report
by
December
31,
2031.
19
3.
Each
report
shall
include
all
of
the
following:
20
a.
Findings
and
recommendations
for
ongoing
environmental
21
research
and
potential
funding
mechanisms.
22
b.
Recommendations
for
future
legislative
or
policy
actions
23
to
support
sustainable
agriculture
and
public
health.
24
4.
This
section
is
repealed
July
1,
2032.
25
Sec.
7.
EFFECTIVE
DATE.
The
following,
being
deemed
of
26
immediate
importance,
take
effect
upon
enactment:
27
1.
The
section
of
this
Act
amending
section
206.2.
28
2.
The
sections
of
this
Act
enacting
sections
206.33B,
29
206.33C,
206.33D,
and
206.33E.
30
Sec.
8.
EFFECTIVE
DATE.
The
following
takes
effect
January
31
1,
2027:
32
The
section
of
this
Act
enacting
section
206.33A.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
BACKGROUND.
State
law
regulates
the
offer
for
sale,
2
distribution,
purchase,
and
use
of
pesticides
as
administered
3
and
enforced
by
the
department
of
agriculture
and
land
4
stewardship
(DALS)
(Code
chapter
206).
A
pesticide
is
broadly
5
defined
to
include
a
substance
used
to
control
insects,
6
rodents,
nematodes,
fungi,
and
weeds
(Code
section
206.2).
7
The
Code
chapter
includes
provisions
that
prohibit
specific
8
chemicals
to
be
contained
in
pesticides
such
as
chlordane
(Code
9
section
206.32)
and
daminozide
(Code
section
206.33).
10
BILL’S
PROVISIONS
——
PARAQUAT
PROHIBITION.
This
bill
11
prohibits
a
person
from
offering
for
sale,
selling,
purchasing,
12
applying,
or
using
a
pesticide
containing
paraquat.
DALS
or
13
the
department
of
natural
resources
(DNR)
may
approve
the
use
14
of
paraquat
for
research
purposes
only,
if
the
use
is
conducted
15
under
strict
safety
and
reporting
protocols.
16
BILL’S
PROVISIONS
——
PARAQUAT
——
REPORTING
REQUIREMENTS
17
REGARDING
PARAQUAT
IN
CURRENT
USE.
The
bill
requires
that
18
by
December
31,
2026,
any
person
that
currently
offers
for
19
sale,
sells,
purchases,
applies,
or
uses
a
pesticide
containing
20
paraquat
in
this
state
must
submit
a
report
to
DALS
and
21
DNR
regarding
the
distribution,
application,
and
use
of
the
22
chemical.
DALS
must
to
consolidate
and
publish
the
reported
23
information
on
its
internet
site.
24
BILL’S
PROVISIONS
——
PARAQUAT
——
ENVIRONMENTAL
RESEARCH
AND
25
SUSTAINABLE
FARMING
ADVISORY
WORK
GROUP.
The
bill
establishes
26
an
environmental
research
and
sustainable
farming
advisory
work
27
group
(work
group).
The
work
group
is
housed
in
DALS,
which
28
must
provide
the
work
group
with
administrative
support.
The
29
work
group
includes
the
secretary
of
agriculture
or
a
designee,
30
the
director
of
DNR
or
a
designee,
and
individuals
appointed
by
31
the
governor
who
are
(1)
academic
researchers
with
expertise
in
32
toxicology,
environmental
science,
or
sustainable
agriculture,
33
(2)
individuals
representing
farmers
and
agricultural
industry
34
organizations,
and
(3)
individuals
representing
public
health
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and
environmental
advocacy
organizations.
The
work
group
1
must
(1)
review
the
environmental
and
public
health
impacts
2
of
paraquat
and
other
hazardous
pesticides
that
may
cause
3
neurological
diseases
and
(2)
identify
best
practices
and
4
opportunities
for
sustainable
and
safer
alternatives
in
5
agriculture.
Beginning
not
later
than
December
31,
2027,
the
6
work
group
must
submit
an
annual
report,
including
findings
and
7
recommendations,
to
the
governor
and
general
assembly
for
the
8
next
five
years.
9
APPLICABLE
PENALTIES.
Generally,
a
person
who
violates
a
10
provision
of
Code
chapter
206
is
subject
to
a
civil
penalty
11
of
not
more
than
$500
(Code
section
206.19).
A
person
who
12
violates
a
provision
of
that
Code
chapter
is
also
guilty
13
of
a
serious
misdemeanor
(Code
section
206.22).
A
serious
14
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
15
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
16
EFFECTIVE
DATES.
The
bill
takes
effect
upon
enactment
17
except
for
the
provision
that
prohibits
a
person
from
offering
18
for
sale,
selling,
purchasing,
applying,
or
using
a
pesticide
19
containing
paraquat.
That
provision
takes
effect
January
1,
20
2027.
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