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statutes  is  repealed   and   the   following  is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the general statutes is repealed and the following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statutes  is  repealed   and   the   following  is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