Substitute House Bill No. 6515
Substitute House Bill No. 6515
PUBLIC ACT NO. 97-242
AN ACT CONCERNING AN INTEGRATED PEST MANAGEMENT
PROGRAM AND THE REGISTRATION OF PESTICIDES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 22-11a of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in sections 22-11b [,] AND 22-84a,
[subsection (c) of section 22a-54 and section
22a-66l,] "integrated pest management" means a
comprehensive strategy of pest control whose major
objective is to maintain high crop quality with a
minimum use of pesticides and includes, but is not
limited to, the following methods: Pest trapping,
crop scouting, pest-resistant crop varieties,
increased use of biological control, cultural
controls, and judicious use of certain pesticides.
Sec. 2. Section 22a-47 of the general statutes
is amended by adding subsection (dd) as follows:
(NEW) (dd) "Integrated pest management" means
use of all available pest control techniques
including judicious use of pesticides, when
warranted, to maintain a pest population at or
below an acceptable level, while decreasing the
unnecessary use of pesticides.
Sec. 3. Subsection (v) of section 22a-47 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(v) "Pest" [means any insect, rodent,
nematode, fungus, weed or, any other form of
terrestrial or aquatic plant or animal life or
virus, bacteria, or other microorganism, except
viruses, bacteria, or other microorganisms on or
in living man or other living animals, which the
commissioner declares to be a pest which is
injurious to health or the environment] SHALL HAVE
THE MEANING PROVIDED IN 40 CFR 152.5, AS AMENDED
FROM TIME TO TIME.
Sec. 4. Section 22a-66l of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [Any] EACH state department, agency or
institution [applying a pesticide shall consider]
SHALL USE integrated pest management [before
making such application] AT FACILITIES UNDER ITS
CONTROL IF THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION HAS PROVIDED MODEL PEST CONTROL
MANAGEMENT PLANS PERTINENT TO SUCH FACILITIES.
(b) EACH STATE AGENCY WHICH ENTERS INTO A
CONTRACT FOR SERVICES FOR PEST CONTROL AND
PESTICIDE APPLICATION MAY REVISE AND MAINTAIN ITS
BIDDING PROCEDURES TO REQUIRE CONTRACTORS TO
SUPPLY INTEGRATED PEST MANAGEMENT SERVICES.
(c) THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION SHALL ANNUALLY REVIEW A SAMPLING OF
STATE DEPARTMENT, AGENCY OR INSTITUTION PEST
CONTROL MANAGEMENT PLANS REQUIRED BY REGULATIONS
ADOPTED UNDER SUBSECTION (e) OF THIS SECTION AND
MAY REVIEW ANY APPLICATION OF PESTICIDES TO
DETERMINE WHETHER A STATE DEPARTMENT, AGENCY, OR
INSTITUTION ACTED IN ACCORDANCE WITH SUBSECTION
(a) OF THIS SECTION.
(d) THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION MAY PROVIDE MODEL PEST CONTROL
MANAGEMENT PLANS WHICH INCORPORATE INTEGRATED PEST
MANAGEMENT FOR EACH APPROPRIATE CATEGORY OF
COMMERCIAL PESTICIDE CERTIFICATION WHICH IT
OFFERS. THE COMMISSIONER SHALL, WITHIN AVAILABLE
RESOURCES, NOTIFY MUNICIPALITIES, SCHOOL BOARDS,
AND OTHER POLITICAL SUBDIVISIONS OF THE STATE OF
THE AVAILABILITY OF THE MODEL PLANS FOR THEIR USE.
THE COMMISSIONER OF ENVIRONMENTAL PROTECTION SHALL
CONSULT WITH ANY STATE AGENCY HEAD IN THE
DEVELOPMENT OF ANY SUCH PLAN FOR PROPERTIES IN THE
CUSTODY OR CONTROL OF SUCH AGENCY HEAD.
[(b)] (e) The Commissioner of Environmental
Protection, in consultation with the Commissioner
of Public Health, shall adopt regulations in
accordance with the provisions of chapter 54
establishing requirements for the application of
pesticides by any state department, agency or
institution. Such regulation shall include
provisions for integrated pest management methods
to reduce the amount of pesticides used.
Notwithstanding the provisions of [such
regulations] THIS SECTION AND ANY REGULATIONS
ADOPTED UNDER THIS SECTION, a pesticide may be
applied if the Commissioner of Public Health
determines there is a public health emergency OR
THE COMMISSIONER OF ENVIRONMENTAL PROTECTION
DETERMINES THAT SUCH APPLICATION IS NECESSARY FOR
CONTROL OF MOSQUITOES.
(f) THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION SHALL DEVELOP AND IMPLEMENT A PROGRAM
TO INFORM THE PUBLIC OF THE PRINCIPLES OF
INTEGRATED PEST MANAGEMENT AND TO ENCOURAGE ITS
APPLICATION IN PRIVATE PROPERTIES.
Sec. 5. Subsection (g) of section 22a-50 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(g) The registrant shall pay a fee of [three]
FIVE hundred dollars for each pesticide registered
and for each renewal of a registration. A
registration shall expire after five years. The
commissioner shall establish regulations to phase
in pesticide registration so that one fifth of the
pesticides registered expire each year. The
commissioner may register a pesticide for less
than five years and prorate the registration fee
accordingly to implement the regulations
established pursuant to this subsection. The fees
collected in accordance with this section shall be
deposited in the General Fund PROVIDED, ON AND
AFTER THE EFFECTIVE DATE OF THIS SECTION, TWO
HUNDRED DOLLARS FROM EACH PAYMENT OF THE FEE
REQUIRED UNDER THIS SUBSECTION SHALL BE DEPOSITED
INTO THE ENVIRONMENTAL QUALITY FUND ESTABLISHED
UNDER SECTION 22a-27g AND SHALL BE USED BY THE
COMMISSIONER TO CARRY OUT THE PURPOSES OF SECTION
22a-66l, AS AMENDED BY SECTION 4 OF THIS ACT.
Sec. 6. Section 22a-48 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Except as otherwise provided by this part,
subsection (a) of section 23-61a, or sections
23-61b to 23-61d, inclusive, no person may
distribute, sell, offer for sale, hold for sale,
ship, deliver for shipment or receive and, having
so received, deliver or offer to deliver, to any
person in this state any pesticide which is not
registered with the commissioner, provided a
pesticide which is not registered with the
commissioner may be transferred if (1) the
transfer is from one plant in this state to
another plant in this state operated by the same
producer solely for packaging at the second plant
or for use as a constituent part of another
pesticide produced at the second plant; or (2) the
transfer is pursuant to and in accordance with the
requirements of an experimental use permit.
(b) PESTICIDES SHALL BE CATEGORIZED FOR
REGISTRATION PURPOSES AS FOLLOWS: (1) SPECIALTY
PESTICIDES, WHICH INCLUDE, BUT ARE NOT LIMITED TO,
ANY DISINFECTANT, SANITIZER, GERMICIDE, BIOCIDE
AND ANY OTHER PESTICIDE WHICH IS REGISTERED BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND
LABELED FOR USE DIRECTLY ON HUMANS OR PETS AND ANY
PESTICIDES WHICH ARE SPECIFICALLY REGISTERED BY
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
AND LABELED PURSUANT TO FIFRA FOR USE IN OR AROUND
HOUSEHOLD PREMISES INCLUDING, BUT NOT LIMITED TO,
LAWN, GARDEN AND ORNAMENTAL SITES OR AREAS; AND
(2) COMMERCIAL PESTICIDES, WHICH INCLUDE, BUT ARE
NOT LIMITED TO, ALL RESTRICTED USE PESTICIDES AS
DETERMINED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY OR THE COMMISSIONER AND ALL
OTHER GENERAL USE PESTICIDES NOT CATEGORIZED AS
SPECIALTY PESTICIDES. SUCH CATEGORIES SHALL BE
BASED ON THE INFORMATION PROVIDED UNDER SECTION
22a-49 AND SHALL BE INDICATED BY THE APPLICANT
UPON REGISTRATION. ALL FEES FOR BOTH PESTICIDE
CATEGORIES SHALL BE EQUAL AND NOTHING IN THIS
SUBSECTION SHALL REQUIRE ADDITIONAL EVALUATION OR
CERTIFICATION UNLESS REQUIRED BY THE COMMISSIONER.
Approved June 24, 1997