reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.150 - Violation of chapter—Unlawful acts.

RCW 17.21.150
Violation of chapter—Unlawful acts.
A person who has committed any of the following acts is declared to be in violation of this chapter:
(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
(2) Applied worthless or improper pesticides;
(3) Operated a faulty or unsafe apparatus;
(4) Operated in a faulty, careless, or negligent manner;
(5) Refused or neglected to comply with the provisions of this chapter, the rules adopted hereunder, or of any lawful order of the director including a final order of the director directing payment of a civil penalty. In an adjudicative proceeding arising from the department's denial of a license for failure to pay a civil penalty the subject shall be limited to whether the payment was made and the proceeding may not be used to collaterally attack the final order;
(6) Refused or neglected to keep and maintain the pesticide application records required by rule, or to make reports when and as required;
(7) Made false or fraudulent records, invoices, or reports;
(8) Acted as a certified applicator without having provided direct supervision to an unlicensed person;
(9) Operated an unlicensed apparatus or an apparatus without a license plate issued for that particular apparatus;
(10) Used fraud or misrepresentation in making an application for a license or renewal of a license;
(11) Is not qualified to perform the type of pest control under the conditions and in the locality in which he or she operates or has operated, regardless of whether or not he or she has previously passed a pesticide license examination;
(12) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, combined or conspired with such a licensed or an unlicensed person to evade the provisions of this chapter, or allowed one's license to be used by an unlicensed person;
(13) Knowingly made false, misleading, or erroneous statements or reports during or after an inspection concerning any infestation or infection of pests found on land or in connection with any pesticide complaint or investigation;
(14) Impersonated any state, county or city inspector or official;
(15) Applied a restricted use pesticide without having a certified applicator in direct supervision;
(16) Operated a commercial pesticide application business: (a) Without an individual licensed as a commercial pesticide applicator or (b) with a licensed commercial pesticide applicator not licensed in the classification or classifications in which the business operates; or
(17) Operated as a commercial pesticide applicator without meeting the financial responsibility requirements including not having a properly executed financial responsibility insurance certificate or surety bond form on file with the department.
[ 2011 c 103 § 12; 1994 c 283 § 18; 1989 c 380 § 48; 1971 ex.s. c 191 § 4; 1967 c 177 § 8; 1961 c 249 § 15.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.160 - Commercial pesticide applicator license—Financial responsibility.

RCW 17.21.160
Commercial pesticide applicator license—Financial responsibility.
The director shall not issue a commercial pesticide applicator license until the applicant has furnished evidence of financial responsibility.
(1) Evidence of financial responsibility shall consist of either a surety bond; or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. The surety bond or liability insurance policy need not apply to damages or injury to agricultural crops, plants or land being worked upon by the applicant. The director shall not accept a surety bond or liability insurance policy except from authorized insurers in this state or if placed as a surplus line as provided for in chapter 48.15 RCW.
(2) Evidence of financial responsibility shall be supplied to the department on a financial responsibility insurance certificate or surety bond form (blank forms supplied by the department to the applicant).
[ 1994 c 283 § 19; 1989 c 380 § 49; 1967 c 177 § 9; 1961 c 249 § 16.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.170 - Commercial pesticide applicator license—Amount of bond or insurance required—Notice of reduction or cancellation by surety or insurer.

RCW 17.21.170
Commercial pesticide applicator license—Amount of bond or insurance required—Notice of reduction or cancellation by surety or insurer.
The following requirements apply to the amount of bond or insurance required for commercial applicators:
(1) The amount of the surety bond or liability insurance, as provided for in RCW 17.21.160, shall be not less than fifty thousand dollars for property damage and public liability insurance, each separately, and including loss or damage arising out of the actual use of any pesticide. The surety bond or liability insurance shall be maintained at not less than that sum at all times during the licensed period.
(2) The property damage portion of this requirement may be waived by the director if it can be demonstrated by the applicant that all applications performed under this license occur under confined circumstances and on property owned or leased by the applicant.
(3) The director shall be notified ten days before any reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or liability insurance by the surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for all claims is limited to the face of the bond or liability insurance policy. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding five thousand dollars for all applicators for the total amount of liability insurance or surety bond required by this section, but if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim the deductible clause shall not be accepted by the director unless the applicant furnishes the director with a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his or her application of pesticides.
[ 2011 c 336 § 460; 1994 c 283 § 20; 1983 c 95 § 7; 1967 c 177 § 10; 1963 c 107 § 1; 1961 c 249 § 17.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.180 - Commercial pesticide applicator license—Suspension of license for failure to meet financial responsibility criteria.

RCW 17.21.180
Commercial pesticide applicator license—Suspension of license for failure to meet financial responsibility criteria.
The commercial pesticide applicator license shall, whenever the licensee's surety bond or insurance policy is reduced below the requirements of RCW 17.21.170 or whenever the commercial applicator has not supplied evidence of financial responsibility, as required by RCW 17.21.160 and 17.21.170, by the expiration date of the previous policy or surety bond, be automatically suspended until such licensee's surety bond or insurance policy again meets the requirements of RCW 17.21.170. In addition, the director may pick up such licensee's license plates during such period of automatic suspension and return them only at such time as the licensee has furnished written proof that he or she is in compliance with the provisions of RCW 17.21.170.
[ 1994 c 283 § 21; 1989 c 380 § 50; 1987 c 45 § 31; 1967 c 177 § 11; 1961 c 249 § 18.]
NOTES:
Construction—Severability—1987 c 45: See notes following RCW 15.54.270.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.190 - Damages due to use or application of pesticide—Report of loss required.

RCW 17.21.190
Damages due to use or application of pesticide—Report of loss required.
Any person suffering property loss or damage resulting from the use or application by others of any pesticide shall file with the director a verified report of loss.
(1) The report shall set forth, so far as known to the claimant, the following:
(a) The name and address of the claimant;
(b) The type, kind, property alleged to be injured or damaged;
(c) The name of the person applying the pesticide and allegedly responsible; and
(d) The name of the owner or occupant of the property for whom such application of the pesticide was made.
(2) The report shall be filed within thirty days from the time that the property loss or damage becomes known to the claimant. If a growing crop is alleged to have been damaged, the report shall be filed prior to harvest of fifty percent of that crop, unless the loss or damage was not then known. The department shall establish time periods by rule to determine investigation response time. Time periods shall range from immediate to forty-eight hours to initiate an investigation, depending on the severity of the damage.
(3) Any person filing a report of loss under this section shall cooperate with the department in conducting an investigation of such a report and shall provide the department or authorized representatives of the department access to any affected property and any other necessary information relevant to the report. If a claimant refuses to cooperate with the department, the report shall not be acted on by the department.
(4) The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.
(5) The failure to file a report shall not be a violation of this chapter. However, if the person failing to file such report is the only one suffering loss from such use or application of a pesticide by a pesticide applicator or operator, the director may refuse to act upon the complaint.
[ 1994 c 283 § 22; 1991 c 263 § 1; 1989 c 380 § 51; 1961 c 249 § 19.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.200 - Commercial pesticide applicator license—Exemptions.

RCW 17.21.200
Commercial pesticide applicator license—Exemptions.
The provisions of this chapter relating to commercial pesticide applicator licenses and requirements for their issuance shall not apply to:
(1) Any forestland owner, or his or her employees, applying pesticides with ground apparatus or manually, on his or her own lands or any lands or rights-of-way under his or her control; or
(2) Any farmer owner of ground apparatus applying pesticides for himself or herself or if applied on an occasional basis not amounting to a principal or regular occupation without compensation other than trading of personal services between producers of agricultural commodities on the land of another person; or
(3) Any grounds maintenance person conducting grounds maintenance on an occasional basis not amounting to a regular occupation; or
(4) Persons who apply pesticides as an incidental part of their business, such as dog grooming services or such other businesses as shall be identified by the director.
However, persons exempt under this section shall not use restricted use pesticides and shall not advertise or publicly hold themselves out as pesticide applicators.
[ 1994 c 283 § 23; 1992 c 170 § 9; 1989 c 380 § 52; 1979 c 92 § 3; 1971 ex.s. c 191 § 5; 1967 c 177 § 12; 1961 c 249 § 20.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.203 - Government research personnel—Requirements.

RCW 17.21.203
Government research personnel—Requirements.
The licensing provisions of this chapter shall not apply to research personnel of federal, state, county, or municipal agencies when performing pesticide research in their official capacities, however when such persons are applying restricted use pesticides, they shall be licensed as public operators.
[ 1994 c 283 § 24; 1981 c 297 § 23; 1979 c 92 § 4; 1971 ex.s. c 191 § 9.]
NOTES:
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.220 - Application of chapter to governmental entities—Public operator license required—Exemption—Liability.

RCW 17.21.220
Application of chapter to governmental entities—Public operator license required—Exemption—Liability.
(1) All state agencies, municipal corporations, and public utilities or any other governmental agencies are subject to this chapter and its rules.
(2) It is unlawful for any employee of a state agency, municipal corporation, public utility, or any other government agency to use or to supervise the use of any restricted use pesticide, or any pesticide by means of an apparatus, without having obtained a public operator license from the director. Application for a public operator license must be accompanied by a fee of forty-three dollars. The fee does not apply to public operators licensed and working in the health vector field. The public operator license is valid only when the operator is acting as an employee of a government agency.
(3) The jurisdictional health officer or his or her duly authorized representative is exempt from this licensing provision when applying pesticides that are not restricted use pesticides to control pests other than weeds.
(4) Agencies, municipal corporations, and public utilities are subject to legal recourse by any person damaged by such application of any pesticide, and action may be brought in the county where the damage or some part of the damage occurred.
[ 2021 c 244 § 13; 2008 c 285 § 26; 1997 c 242 § 17; 1994 c 283 § 25; 1993 sp.s. c 19 § 9; 1991 c 109 § 37; 1989 c 380 § 53; 1986 c 203 § 11; 1981 c 297 § 24; 1971 ex.s. c 191 § 7; 1967 c 177 § 13; 1961 c 249 § 22.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Effective date—2008 c 285 §§ 15-26: See note following RCW 15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW 43.22.434.
Effective date—1997 c 242: See note following RCW 15.58.070.
Severability—1981 c 297: See note following RCW 15.36.201.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.280 - Disposition of revenue, enforcement of chapter—Pesticide safety education program—Fee—District court fees, fines, penalties, and forfeitures.

RCW 17.21.280
Disposition of revenue, enforcement of chapter—Pesticide safety education program—Fee—District court fees, fines, penalties, and forfeitures.
(1) Except as provided in subsections (2) and (4) of this section, all moneys collected under the provisions of this chapter shall be paid to the director and deposited in the agricultural local fund, RCW 43.23.230, for use exclusively in the enforcement of this chapter.
(2) In addition to any other fees the department may collect under this chapter, the department shall collect a fee of seven dollars for each license issued by the department under this chapter. The department shall transmit the seven dollar fee required by this subsection to Washington State University for the purpose of providing a pesticide safety education program to educate and train pesticide licensees and prospective licensees.
(3) The department shall engage with the regulated community on the status of license fees established in this chapter, including consideration of future increases, in coordination with a stakeholder work group.
(4) All moneys collected for civil penalties levied under RCW 17.21.315 shall be deposited in the state general fund. All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW.
[ 2021 c 244 § 14; 1997 c 242 § 18; 1994 c 283 § 29; 1989 c 380 § 59; 1987 c 202 § 183; 1969 ex.s. c 199 § 15; 1961 c 249 § 28.]
NOTES:
Effective date—2021 c 244: See note following RCW 15.58.070.
Intent—1987 c 202: See note following RCW 2.04.190.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.290 - Pesticide application apparatuses—License plate as identification.

RCW 17.21.290
Pesticide application apparatuses—License plate as identification.
All licensed apparatuses shall be identified by a license plate furnished by the director, at no cost to the licensee, which plate shall be affixed in a location and manner upon such apparatus as prescribed in rule.
[ 1994 c 283 § 30; 1989 c 380 § 60; 1967 c 177 § 15; 1961 c 249 § 29.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.300 - Agreements with other governmental entities.

RCW 17.21.300
Agreements with other governmental entities.
The director is authorized to cooperate with and enter into agreements with any other agency of the state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulation.
[ 1961 c 249 § 30.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.305 - Licensing by cities of first class and counties.

RCW 17.21.305
Licensing by cities of first class and counties.
The provisions of this chapter requiring all structural pest control operators, exterminators and fumigators to license with the department shall not preclude a city of the first class with a population of one hundred thousand people or more, or the county in which it is situated, from also licensing structural pest control operators, exterminators and fumigators operating within the territorial confines of said city or county: PROVIDED, That when structural pest control operators, exterminators and fumigators are licensed by both the city of the first class and the county in which the city is situated, and there exists a joint county-city health department, then the joint county-city health department may enforce the provisions of the city and county as to the license requirements for the structural pest control operators, exterminators and fumigators.
[ 1986 c 203 § 12; 1967 c 177 § 19.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.310 - General penalty.

RCW 17.21.310
General penalty.
(1) Except as provided in subsection (2) of this section, any person who violates any provisions or requirements of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent offense is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 53 § 118; 1967 c 177 § 16; 1961 c 249 § 34.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.315 - Civil penalty for failure to comply with chapter.

RCW 17.21.315
Civil penalty for failure to comply with chapter.
Every person who fails to comply with this chapter or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty herein provided.
[ 1989 c 380 § 61; 1985 c 158 § 3.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.320 - Access to public or private premises—Search warrants—Prosecuting attorney's duties—Injunctions.

RCW 17.21.320
Access to public or private premises—Search warrants—Prosecuting attorney's duties—Injunctions.
(1) For purpose of carrying out the provisions of this chapter the director may enter upon any public or private premises at reasonable times, in order:
(a) To have access for the purpose of inspecting any equipment subject to this chapter and such premises on which such equipment is kept or stored;
(b) To inspect lands actually or reported to be exposed to pesticides;
(c) To inspect storage or disposal areas;
(d) To inspect or investigate complaints of injury to humans or land; or
(e) To sample pesticides being applied or to be applied.
(2) Should the director be denied access to any land where such access was sought for the purposes set forth in this chapter, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application, issue the search warrant for the purposes requested.
(3) It shall be the duty of each prosecuting attorney to whom any violation of this chapter is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(4) The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter in the superior court of the county in which such violation occurs or is about to occur.
[ 1989 c 380 § 62; 1971 ex.s. c 191 § 10.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.340 - Violation of chapter—Remedies.

RCW 17.21.340
Violation of chapter—Remedies.
(1) A person aggrieved by a violation of this chapter or the rules adopted under this chapter:
(a) May request an inspection of the area in which the violation is believed to have occurred. If there are reasonable grounds to believe that a violation has occurred, the department shall conduct an inspection as soon as practicable. However, the director may refuse to act on a request for inspection concerning only property loss or damage if the person suffering property damage fails to file a timely report of loss under RCW 17.21.190. If an inspection is conducted, the person requesting the inspection shall:
(i) Be promptly notified in writing of the department's decision concerning the assessment of any penalty pursuant to the inspection; and
(ii) Be entitled, on request, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available pursuant to this chapter: PROVIDED, That in any appeal proceeding the identity of the aggrieved person who requests the inspection shall be disclosed to the alleged violator of the act upon request of the alleged violator;
(b) Shall be notified promptly, on written application to the director, of any penalty or other action taken by the department pursuant to an investigation of the violation under this chapter; and
(c) May request, within ten days from the service of a final order fixing a penalty for the violation, that the director reconsider the entire matter if it is alleged that the penalty is inappropriate. If the person is aggrieved by a decision of the director on reconsideration, the person may request an adjudicative proceeding under chapter 34.05 RCW. However, the procedures for a brief adjudicative proceeding may not be used unless agreed to by the person requesting the adjudicative proceeding. During the adjudicative proceeding under (c) of this subsection, the presiding officer shall consider the interests of the person requesting the adjudicative proceeding.
(2) Nothing in this chapter shall preclude any person aggrieved by a violation of this chapter from bringing suit in a court of competent jurisdiction for damages arising from the violation.
[ 1989 c 380 § 63.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.350 - Report to legislature.

RCW 17.21.350
Report to legislature.
By February 1st of each year the department shall report to the appropriate committees of the house of representatives and the senate on the activities of the department under this chapter. The report shall include, at a minimum: (1) A review of the department's pesticide incident investigation and enforcement activities, with the number of cases investigated and the number and amount of civil penalties assessed; and (2) a summary of the pesticide residue food monitoring program with information on the food samples tested and results of the tests, a listing of the pesticides for which testing is done, and other pertinent information.
[ 1997 c 242 § 19; 1989 c 380 § 64.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.400 - Landscape or right-of-way applications—Notice.

RCW 17.21.400
Landscape or right-of-way applications—Notice.
(1)(a) A certified applicator making a landscape application shall display the name and telephone number of the applicator or the applicator's employer on any power application apparatus. The applicator shall also carry the material safety data sheet for each pesticide being applied.
(b) A certified applicator making a right-of-way application shall display the name and telephone number of the applicator or the applicator's employer and the words "VEGETATION MANAGEMENT APPLICATION" on any power application apparatus. The applicator shall also carry the material safety data sheet for each pesticide being applied.
(2) If a certified applicator receives a written request for information on a landscape or right-of-way spray application, the applicator shall provide the requestor with the name or names of each pesticide applied and (a) a copy of the material safety data sheet for each pesticide; or (b) a pesticide fact sheet for each pesticide as developed or approved by the department.
(3) The director shall adopt rules establishing the size and lettering requirements of the apparatus display signs required under this section.
[ 1994 c 283 § 32; 1992 c 176 § 2.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.410 - Landscape applications—Marking of property, posting requirements.

RCW 17.21.410
Landscape applications—Marking of property, posting requirements.
(1) A certified applicator making a landscape application to:
(a) Residential property shall at the time of the application place a marker at the usual point of entry to the property. If the application is made to an isolated spot that is not a substantial portion of the property, the applicator shall only be required to place a marker at the application site. If the application is in a fenced or otherwise isolated backyard, no marker is required.
(b) Commercial properties such as apartments or shopping centers shall at the time of application place a marker in a conspicuous location at or near each site being treated.
(c) A golf course shall at the time of the application place a marker at the first tee and tenth tee or post the information in a conspicuous location such as on a central message board.
(d) A school, nursery school, or licensed day care shall at the time of the application place a marker at each primary point of entry to the school grounds. A school employee making an application to a school facility shall comply with the posting requirements in RCW 17.21.415.
(e) A park, cemetery, rest stop, or similar property as may be defined in rule shall at the time of the application place a marker at each primary point of entry.
(2) An individual making a landscape application to a school grounds, nursery school, or licensed day care, and not otherwise covered by subsection (1) of this section, shall at the time of the application place a marker at each primary point of entry to the school grounds.
(3) The marker shall be a minimum of four inches by five inches. It shall have the words: "THIS LANDSCAPE HAS BEEN TREATED BY" as the headline and "FOR MORE INFORMATION PLEASE CALL" as the footer. Larger size requirements for markers may be established in rule for specific applications. The company name and service mark shall be included between the headline and the footer on a marker placed by a commercial applicator. The applicator's telephone number where information can be obtained about the application shall be included in the footer of the marker. Markers shall be printed in colors contrasting to the background.
(4) The property owner or tenant shall remove the marker according to the schedule established in rule. A certified applicator or individual who complies with this section is not liable for the removal of markers by unauthorized persons or removal outside the designated removal time.
(5) A certified applicator or individual who complies with this section cannot be held liable for personal property damage or bodily injury resulting from markers that are placed as required.
[ 2001 c 333 § 2; 1994 c 283 § 33; 1992 c 176 § 5.]
NOTES:
Effective date—2001 c 333: See note following RCW 17.21.020.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.420 - Pesticide-sensitive individuals—List procedure.

RCW 17.21.420
Pesticide-sensitive individuals—List procedure.
(1) The department shall develop a list of pesticide-sensitive individuals. The list shall include any person with a documented pesticide sensitivity who submits information to the department on an application form developed by the department indicating the person's pesticide sensitivity.
(2) An applicant for inclusion on the pesticide-sensitive list may apply to the department at any time and shall provide the department, on the department's form, the name, street address, and telephone number of the applicant and of each property owner with property abutting the applicant's principal place of residence. The pesticide sensitivity of an individual shall be certified by a physician who holds a valid license to practice medicine in this state. The lands listed on an application for inclusion on the pesticide-sensitive list shall constitute the pesticide notification area for that applicant. For highway or road rights-of-way, a property abutting shall mean that portion of the property within one-half mile of the principal place of residence.
(3) A person whose name has been included on the pesticide-sensitive list shall notify the department of a need to update the list as soon as possible after: (a) A change of address or telephone number; (b) a change in ownership of property abutting a pesticide-sensitive individual; (c) a change in the applicant's condition; or (d) the sensitivity is deemed to no longer exist.
(4) The pesticide-sensitive list shall expire on December 31 of each year. The department shall distribute application forms for the new list at a reasonable time prior to the expiration of the current list, including mailing an application form to each person on the current list at the address given by the person in his or her most recent application. Persons desiring to be placed on or remain on the list shall submit a new application each year.
(5) The department shall distribute the list by January 1 and June 15 of each year to all certified applicators likely to make landscape applications. The list shall provide multiple methods of accessing the information so that certified applicators making landscape applications or right-of-way applications are able to easily determine what properties and individuals require notification for a specific application. An updated list shall be distributed whenever deemed necessary by the department. Certified applicators may request a list of newly registered individuals that have been added to the list since the last distribution. Registered individuals shall receive verification that their name has been placed on the list.
[ 1994 c 283 § 34; 1992 c 176 § 3.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.430 - Pesticide-sensitive individuals—Notification.

RCW 17.21.430
Pesticide-sensitive individuals—Notification.
(1) A certified applicator making a landscape application or a right-of-way application to the pesticide notification area, as defined in RCW 17.21.420(2), of a person on the pesticide-sensitive list shall notify the listed pesticide-sensitive individual of the application. Notification shall be made at least two hours prior to the scheduled application, or in the case of an immediate service call, the applicator shall provide notification at the time of the application.
(2) Notification under this section shall be made in writing, in person, or by telephone, and shall disclose the date and approximate time of the application. In the event a certified applicator is unable to provide prior notification because of the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence of the individual listed on the pesticide-sensitive list at the time of the application. If a person on the pesticide-sensitive list lives in a multifamily dwelling such as an apartment or condominium, the applicator shall notify the person on the list or shall advise the manager or other property owner's representative to notify the person on the list of the application.
[ 1992 c 176 § 4.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.440 - Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with department of labor and industries.

RCW 17.21.440
Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and enforcement with department of labor and industries.
(1) As used in this section, "federal worker protection standard" or "federal standard" means the worker protection standard for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
(2)(a) No rule adopted under this chapter may impose requirements that make compliance with the federal worker protection standard impossible.
(b) The department shall adopt by rule safety and health standards that are at least as effective as the federal standard. Standards adopted by the department under this section shall be adopted in coordination with the department of labor and industries.
(3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the federal standard, is investigated by the department and by the department of labor and industries, the agencies shall conduct a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the department of labor and industries under Title 51 RCW solely with regard to industrial insurance shall not be considered to be an investigation by the department of labor and industries for this purpose. The agencies shall not issue duplicate citations to an individual or business for the same violation of the federal standard or state rules regulating activities governed by the federal standard. By December 1, 1996, the department and the department of labor and industries shall jointly establish a formal agreement that: Identifies the roles of each of the two agencies in conducting investigations of activities governed by the federal standard; and provides for protection of workers and enforcement of standards that is at least [as] effective as provided for other enforcement under this chapter.
[ 1996 c 260 § 3.]
NOTES:
Finding—Intent—Severability—1996 c 260: See notes following RCW 49.17.280.
Department of labor and industries authority: RCW 49.17.280.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.445 - Protection of pollinator health—Report to the legislature.

RCW 17.21.445
Protection of pollinator health—Report to the legislature.
(1) The department shall continue to evaluate and update, as necessary, pesticide regulatory and education programs focused on measures to protect pollinator health. This work by the department, when appropriate, must be coordinated with Washington State University pesticide education programs to limit duplication and ensure consistent information sharing.
(2) Subject to the availability of amounts appropriated for this specific purpose, and in consultation with the department of fish and wildlife with regard to considerations for native pollinator species, the department must:
(a) Evaluate and adapt pesticide training and drift reduction technical assistance programs to include up-to-date protection measures for pollinators;
(b) Support Washington State University's pesticide education programs continued incorporation of pollinator protection measures during their training and certification classes, and coordinate on presented research, new protection measures, technological advancements, and any other significant science-based information;
(c) Coordinate with pollinator health staff in the department and at Washington State University to conduct investigations and share annual findings from pesticide-related investigations with the pollinator health task force;
(d) Evaluate and, if necessary, update the pesticide civil penalty matrix related to pollinator death or damage due to the misuse of pesticides and ensure pollinator health protections are included;
(e) When possible, the department must provide credits for pesticide courses focused on pollinator protection measures.
(3) By December 31, 2021, the department shall provide a report to the appropriate committees of the senate and house of representatives, in compliance with RCW 43.01.036, that includes recommendations for measures to mitigate the risks of harm to bees and other pollinators from the use of neonicotinoid pesticides and treated seeds. The department shall evaluate and incorporate the reviews scheduled for completion by the United States environmental protection agency during 2021, including recommended mitigation measures from that agency. The department shall also review neonicotinoid pesticide use restrictions and labeling requirements adopted in other states and include in the report any recommendations for adoption of similar requirements in this state.
[ 2021 c 278 § 4.]
NOTES:
Purpose—Intent—2021 c 278: See note following RCW 43.23.320.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.450 - Application of certain pesticides by noncertified applicators—Standards adopted by rule.

RCW 17.21.450
Application of certain pesticides by noncertified applicators—Standards adopted by rule.
The department shall adopt by rule standards for pesticide applications made by noncertified applicators of restricted use pesticides under the direct supervision of a certified applicator. Standards must be at least as effective as the federal certification and training standards for pesticide applicators and must include requirements for both the noncertified applicator and the certified applicator directly supervising the noncertified applicator.
[ 2023 c 186 § 4.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.460 - Pesticide advisory board—Election of chair—Authority to call a meeting.

RCW 17.21.460
Pesticide advisory board—Election of chair—Authority to call a meeting.
The pesticide advisory board established in RCW 17.21.455 shall elect a chair from among its membership. The pesticide advisory board shall meet from time to time at the call of the director, chair of the board, or a majority of the board.
[ 2023 c 378 § 3.]
NOTES:
Finding—Intent—2023 c 378: See note following RCW 17.21.455.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.21 - Washington Pesticide Application Act. › 17.21.900 - Preexisting liabilities not affected.

RCW 17.21.900
Preexisting liabilities not affected.
The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.
[ 1961 c 249 § 31.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.003 - Purpose.

RCW 17.24.003
Purpose.
The purpose of this chapter is to provide a strong system for the exclusion of plant and bee pests and diseases through regulation of movement and quarantines of infested areas to protect the forest, agricultural, horticultural, floricultural, and apiary industries of the state; plants and shrubs within the state; and the environment of the state from the impact of insect pests, plant pathogens, noxious weeds, and bee pests and the public and private costs that result when these infestations become established.
[ 1991 c 257 § 3.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.011 - Regulation of plant, plant product, bee movement, and genetically engineered organisms.

RCW 17.24.011
Regulation of plant, plant product, bee movement, and genetically engineered organisms.
Notwithstanding the provisions of RCW 17.24.041, the director may:
(1) Make rules under which plants, plant products, bees, hives and beekeeping equipment, and noxious weeds may be brought into this state from other states, territories, or foreign countries; and
(2) Make rules with reference to plants, plant products, bees, bee hives and equipment, and genetically engineered organisms while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of plant and bee pests and noxious weeds.
[ 1991 c 257 § 5.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.021 - Inspection and investigation.

RCW 17.24.021
Inspection and investigation.
(1) The director may intercept and hold or order held for inspection, or cause to be inspected while in transit or after arrival at their destination, all plants, plant products, bees, or other articles likely to carry plant pests, bee pests, or noxious weeds being moved into this state from another state, territory, or a foreign country or within or through this state for plant and bee pests and disease.
(2) The director may enter upon public and private premises at reasonable times for the purpose of carrying out this chapter. If the director be denied access, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to such premises. The court may upon such application issue the search warrant for the purposes requested.
(3) The director may adopt rules in accordance with chapter 34.05 RCW as may be necessary to carry out the purposes and provisions of this chapter.
[ 1991 c 257 § 6.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.031 - Determination of origin.

RCW 17.24.031
Determination of origin.
The director may demand of a person who has in his or her possession or under his or her control, plants, bees, plant products, or other articles that may carry plant pests, bee pests, or noxious weeds, full information as to the origin and source of these items. Failure to provide that information, if known, may subject the person to a civil penalty.
[ 1991 c 257 § 7.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.041 - Power to adopt quarantine measures—Rules.

RCW 17.24.041
Power to adopt quarantine measures—Rules.
If determined to be necessary to protect the forest, agricultural, horticultural, floricultural, beekeeping, or environmental interests of this state, the director may declare a quarantine against an area, place, nursery, orchard, vineyard, apiary, or other agricultural establishment, county or counties within the state, or against other states, territories, or foreign countries, or a portion of these areas, in reference to plant pests, or bee pests, or noxious weeds, or genetically engineered plant or plant pest organisms. The director may prohibit the movement of all regulated articles from such quarantined places or areas that are likely to contain such plant pests or noxious weeds or genetically engineered plant, plant pest, or bee pest organisms. The quarantine may be made absolute or rules may be adopted prescribing the conditions under which the regulated articles may be moved into, or sold, or otherwise disposed of in the state.
[ 1991 c 257 § 8.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.051 - Introduction of plant pests, noxious weeds, or organisms affecting plant life—Special transit permit for brush, yard waste, or debris generated inside a quarantine area for apple maggot.

RCW 17.24.051
Introduction of plant pests, noxious weeds, or organisms affecting plant life—Special transit permit for brush, yard waste, or debris generated inside a quarantine area for apple maggot.
(1) The introduction into or release within the state of a plant pest, noxious weeds, bee pest, or any other organism that may directly or indirectly affect the plant life of the state as an injurious pest, parasite, predator, or other organism is prohibited, except under special permit issued by the department under rules adopted by the director. A special permit is not required for the introduction or release within the state of a genetically engineered plant or plant pest organism if the introduction or release has been approved under provisions of federal law and the department has been notified of the planned introduction or release. The department shall be the sole issuing agency for the permits. Except for research projects approved by the department, no permit for a biological control agent shall be issued unless the department has determined that the parasite, predator, or plant pathogen is target organism or plant specific and not likely to become a pest of nontarget plants or other beneficial organisms. The director may also exclude biological control agents that are infested with parasites determined to be detrimental to the biological control efforts of the state. The department may rely upon findings of the United States department of agriculture or any experts that the director may deem appropriate in making a determination about the threat posed by such organisms. In addition, the director may request confidential business information subject to the conditions in RCW 17.24.061.
(2) Plant pests, noxious weeds, or other organisms introduced into or released within this state in violation of this section shall be subject to detention and disposition as otherwise provided in this chapter.
(3) Upon the request of a city or town that is located partially inside a quarantine area for apple maggot established by the department, the department may issue a special transit permit for the limited purpose of transporting brush and yard waste or debris generated within the city or town through a pest free area to a destination located inside a quarantine area for apple maggot established by the department, subject to conditions and provisions which the director may prescribe to prevent introduction, escape, or spread of the quarantined pests.
[ 2018 c 147 § 2; 1991 c 257 § 9.]