AN ACT Relating to reducing the use of pesticides and fertilizers in agriculture; creating a new chapter in Title 70; creating new sections in Chapters 82.08 and 82.12 RCW; amending RCW 82.04.050; and providing an effective date.
Whereas, large quantities of pesticides — over 37 million pounds each year—are used on cropland in Washington State.
Whereas, children’s developing systems are particularly vulnerable to the neurotoxic effects of pesticides; pesticides have been linked to child leukemia, brain cancer, and brain disorders.
Whereas, of the 26 most widely used pesticides in the U.S., 12 are classified as carcinogens by the EPA, and only a fraction of the over 800 pesticides in use have been tested against the EPA’s 1997 standards for health impacts.
Whereas, 16 pesticides have been linked with breast cancer, including some of the most commonly used pesticides in the U.S.
Whereas, 17 of the 26 most commonly used pesticides in the
U.S. cause negative effects on reproduction in men and women. In men, they
cause sperm abnormalities, reduce sperm production, disrupt male hormones, and
damage reproductive organs, leading to prematurity, birth defects, and
decreased fertility. In women, these pesticides can cause decreased pregnancy
rates, miscarriages, increased rates of infant mortality, and low birth
weights.
Whereas, for the past several decades, steel, paper, and other pollution-intensive industries have been incorporating toxic waste in fertilizer to avoid the cost of hazardous waste disposal. The result is that heavy metals, such as lead, cadmium, mercury, and other toxins, such as arsenic and dioxins, have been building up in our soil and waterways.
Whereas,
widespread pesticide and fertilizer contamination of the Pacific Northwest’s
lakes, rivers, and streams is a major threat to salmon. The effects of
pesticides on the complex ecosystem required for healthy salmon are both direct
and subtle: pesticides affect salmon’s ability to reproduce, reduce their food
supply, and can kill them directly.
Whereas, cancer, birth defects, and reduced fertility all occur in farmworkers more frequently than in the general population, because they are the people who are most closely and heavily exposed to pesticides and fertilizers.
Whereas, there is societal benefit to reduce where possible introduction of pesticides into the environment and food.
Whereas, society has acknowledged that family and commercial agriculture are important to the long-term health and viability of Washington State, and therefore worthy of public support. This support should come in the form of funding and programs to help farmers reduce their reliance on expensive, harmful agricultural chemicals, rather than subsidizing their continued and increased use of them.
THEREFORE,
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON
Section 1. Section 2 of this act is added to title 70 RCW.
Section 2. The state of Washington shall set a goal of reducing the use of pesticides and fertilizers on farms by 10 percent by the year 2010 and by 20 percent by the year 2020.
Use Reporting
System
Section 3. Sections 4 through 6 of this act are each added to title 70 RCW.
Section 4. The Department of Ecology shall adopt regulations for a pesticide use reporting system. The regulations shall be consistent with Washington’s goal of reducing the use of pesticides and fertilizers as established in Part 1, Section 2. The pesticide use reporting regulations shall include at least, but are not limited to, provisions for the following:
(1) The reporting of pesticide use online;
(2) Ready access by the public to the pesticide use reporting data, including access online;
(3) Requirements that users report any use of pesticides within one month of use;
(4) If no pesticides are used, an annual requirement that farmers declare they have not used pesticides; and
(5) Compatibility, where possible, with use reporting standards and systems used by other states and federal agencies.
Section 5. The pesticide use reporting regulations adopted by the Department of Ecology shall include requirements for reporting pesticide use on farms. The reporting requirements shall include, but are not limited to:
a. The user’s name, address, any identification number supplied by the Department;
b. product name and EPA registration number;
c. date of use;
d. amount applied (in weight or volume for each application);
e. if known, the identity of “inert” ingredients in each pesticide applied;
f. if known, the amount of “inert” ingredients applied (in weight or volume in each application);
g. method of use, such as aerial or hand spraying;
h. name of target pest;
i. size of area treated and identity of area treated, such as a field or building.;
j. location of area treated and common street address (in township/range/section and tax lot);
k. the type, such as corn or wheat, of crop treated and the category of crop, such as organic or a genetically modified, treated;
l. weather conditions during use; and
m. planting date and estimated harvesting date of treated crops.
Section 6. The Department of Ecology shall collect and compile the data from the pesticide use reporting system so as to (1) fulfill the public’s right to know about pesticide use on farms in the State of Washington and (2) to provide researchers and farmers with information that can help efforts to analyze, understand, and reduce pesticide use and the harms of pesticide use in the State of Washington. The Department of Ecology shall present reports biennially on the progress made in reducing pesticide and fertilizer use.
and Fertilizer
Reduction
Section 7. Sections 8 through 12 are each added to Title 70 RCW.
Section 8. A Commission on Pesticide and
Fertilizer Reduction is established. The
Commission’s purpose is to oversee and guide efforts to monitor and to reduce
pesticide and fertilizer use in the State of Washington. The Commission shall also be responsible for
approving the use of funds in the Pesticide and Fertilizer Reduction Account.
Section
9. The Commission shall be composed
of nine voting members appointed by the governor as follows: (i) a small family
farmer; (ii) an organic farmer; (iii) another farmer or representative of a
farmers’ advocacy group; (iv) a farm worker or representative of a farm worker
organization; (v) a representative of an organization that promotes sustainable
agriculture; (vi) a representative of an organization seeking to reduce
agricultural chemical use; (vii) a representative of an environmental
organization; (viii) a representative of a consumer organization such as a food
co-op or a child and family advocacy group; and (ix) a scientist specializing
in environmental health issues. Whenever possible, members shall be nominated
by an appropriate statewide, private association.
The following shall be
ex officio, nonvoting members of the Commission: The director of the Center for
Sustaining Agriculture and Natural Resources at Washington State University or
the director’s designee; the director of the Department of Ecology or the
director's designee; the director of the Department of Agriculture or the
director's designee; the director of the Department of Labor and Industries or
the director's designee; and the Secretary of the Department of Health or the
Secretary's designee.
Section 10. Nominations for the initial appointments
to the Commission under subsection (1) of this section shall be submitted by
December 2, 2004. The governor shall make initial appointments to the
Commission by January 2, 2005.
Section 11. Each voting member of the Commission shall
serve a term of three years. However, the first appointments in the first year
shall be made by the governor for one, two, and three-year terms so that, in
subsequent years, one-third of the voting members shall be appointed each year.
The governor shall assign the initial one, two, and three-year terms to members
by lot. A vacancy shall be filled by appointment for the unexpired term in the
same manner provided for an appointment to the full term. No member of the
Commission may be removed by the governor during his or her term of office
unless for cause of incapacity, incompetence, neglect of duty, or malfeasance
in office. Each member of the Commission shall receive travel expenses in
accordance with RCW 43.03.050 and 43.03.060 for attending meetings of the Commission and
for performing special duties, in the way of official Commission business,
specifically assigned to the person by the Commission. The voting members of
the Commission serve without compensation from the state other than such travel
expenses.
Section 12. The Commission shall elect a chair from
among its voting members each calendar year. After its original organizational
meeting, the Commission shall meet at the call of the chair. A majority of the
voting members of the Commission constitutes a quorum and an official action of
the Commission may be taken by a majority vote of the quorum.
Section 13. Sections 14 through 16 are each added to Title 70.
Section 15. Moneys in the account shall not be
spent without the express approval of the Commission on Pesticide and
Fertilizer Reduction. A majority
vote of the Commission is required before any money from the account is
used.
Section 16. Moneys in the Pesticide and Fertilizer Reduction Account shall only be used to increase the use of sustainable agriculture practices in Washington State or to reduce the use of and harms caused by pesticides and fertilizers in the State of Washington. Appropriate uses of the funds in the Account include, but are not limited to: (i) the funding of the pesticide use reporting system described in this Act; (ii) the refunding of organic certification fees paid by organic farmers; (iii) funding the Center for Sustaining Agriculture and Natural Resources at Washington State University; (iv) providing loans to farmers seeking to adopt sustainable practices; (v) establishing a competitive grants program to fund participatory on-farm research and demonstration projects similar to the State of Missouri’s Sustainable Agriculture Grant Program; (vi) developing markets, both locally and internationally, for sustainable agriculture products; and (vii) supporting the Commission on Pesticide and Fertilizer Reduction and its activities.
Part V: Eliminating Tax
Exemptions
Section 17. RCW 82.04.050(8) is amended to read as follows:
The term ["sale at retail" or "retail sale"] shall also not include sales of chemical sprays or washes to persons for the purpose of postharvest treatment of fruit for the prevention of scald, fungus, mold, or decay, nor shall it include sales of feed, seed, seedlings, fertilizer approved for organic food production under RCW 15.86.060, pesticides approved for organic food production under RCW 15.86.060, agents for enhanced pollination including insects such as bees, and spray materials other than pesticides to: (a) Persons who participate in the federal conservation reserve program, the environmental quality incentives program, the wetlands reserve program, and the wildlife habitat incentives program, or their successors administered by the United States department of agriculture; (b) farmers for the purpose of producing for sale any agricultural product; and (c) farmers acting under cooperative habitat development or access contracts with an organization exempt from federal income tax under 26 U.S.C. Sec. 501(c)(3) or the Washington state department of fish and wildlife to produce or improve wildlife habitat on land that the farmer owns or leases. But the term “sale at retail” or “retail sale” shall include sales of fertilizers and pesticides not approved for organic food production under RCW 15.86.060 to these and other groups.
Section 18. A new section is added to chapter 82.08 RCW to read as follows:
The
tax levied by RCW 82.08.020 does not apply to sales of fertilizers and
pesticides to a small family farm or small family farmer. The exemption is available only when the
buyer provides the seller with an exemption certificate in a form and manner
prescribed by the department. The seller must retain a copy of the certificate
for the seller's files.
Section 19. A new section is added to chapter 82.12 RCW to read as follows:
The provisions of this chapter do not apply with respect to the use of fertilizers and pesticides by a small family farm or small family farmer.
Part VI – Miscellaneous Section 20. Sections 21 through 23 are each added to Title 70. Section 21. For
terms used in this act, the following definitions apply:
(1)
“Commission” means the Commission on Pesticide and Fertilizer Reduction.
(2)
“Department” means the Department of Ecology.
(3) “Fertilizer”
means a substance containing one or more recognized plant nutrients and that is
used for its plant nutrient content or that is designated for use or claimed to
have value in promoting plant growth, and shall include limes, gypsum, and
manipulated animal and vegetable manures.
(4)
“Pest” means living organisms that occur where they are not wanted or
that cause damage to crops or humans or other animals, included but not limited
to insects, mice or other animals, unwanted plants or weeds, fungi and
microorganisms such as bacteria and viruses.
(5) “Pesticide” means any substance or
mixture of substances intended to prevent, destroy, repel, or mitigate any
pest. Pesticides include insecticides,
herbicides, fungicides and various other substances used to control pests.
(6) “Small family farmer” or “small family
farm” means a farm or farmer (a) with less than $250,000 gross receipts
annually, (b) on which day-to-day labor and management are provided by the
farmer and/or farm family that owns the production or owns, or leases, the
productive assets, and (c) that is not organized as a nonfamily corporation.
(7) “Sustainable
agriculture” means a systems approach to farming,
ranching, and natural resource production that builds on and supports the
physical, biological, and ecological resource base upon which agriculture
depends. The goals of sustainable agriculture are to provide human food and
fiber needs in an economically viable manner for the agriculture industry and
in a manner which protects the environment and contributes to the overall
safety and quality of life.
Section 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
Section
23. Part headings used in this act do
not constitute any part of the law.