Senate Bill No. 218
(By Senators Ross, Anderson, Macnaughtan,
Boley and Buckalew)
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[Introduced March 3, 1997; referred to the
Committee on Agriculture;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section one, article nine,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the commissioner of
Agriculture to promulgate a legislative rule
relating to animal disease control.
Be it enacted by the Legislature of West Virginia:
That section one, article nine, chapter sixty-four
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND
BOARDS TO PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
(a) The legislative rules rule filed in the state
register on the twenty-seventh day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section three, article two-b, chapter nineteen of this
code, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
twentieth day of October, one thousand nine hundred
ninety-five, relating to the commissioner of agriculture
(inspection of meat and poultry, 61 CSR 16), are is
authorized.
(b) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section four, article sixteen-a, chapter nineteen of
this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
nineteenth day of September, one thousand nine hundred
ninety-five, relating to the commissioner of agriculture
(certified pesticide applicators, 61 CSR 12A), are is
authorized.
(c) The legislative rules rule filed in the state
register on the first day of August, one thousand nine
hundred ninety-five, authorized under the authority of
section three, article twelve, chapter nineteen of this
code, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-fifth day of October, one thousand nine hundred
ninety-five, relating to the commissioner of agriculture
(West Virginia plant pest act, 61 CSR 14), are is
authorized.
(d) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section ten, article eleven-a, chapter nineteen of
this code, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review committee and refiled in the state register on the
twentieth day of December, one thousand nine hundred
ninety-five, relating to the commissioner of agriculture
(dairy products and imitation dairy products, 61 CSR 4C),
are is authorized.
(e) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section ten, article eleven-b, chapter nineteen of
this code, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twentieth day of December, one thousand nine hundred
ninety-five, relating to the commissioner of agriculture
(frozen desserts and imitation frozen desserts, 61 CSR
4B), are is authorized.
(f) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section four, article sixteen-a, chapter nineteen of
this code, relating to the commissioner of agriculture
(integrated pest management programs in schools and day
care centers, 61 CSR 12J), are is authorized, with the amendments set forth below:
"On page one, section 1.1, by striking out the words
'These legislative rules establish' and inserting in lieu
thereof the words 'This legislative rule establishes';
On page two, section 2.5, after the words 'that
creates' by striking out the word 'to';
On page two, section 2.7, by striking out the words
'integrated pest management';
On page two, section 2.10, by striking out the word
'and' and inserting in lieu thereof the word 'an';
On page two, section 2.11, after the words 'bases
or' by inserting the word 'the';
On page three, section 3.2, by striking out the
words 'Pesticides shall not be applied' and inserting in
lieu thereof the words 'Schools and daycare centers
covered by this rule shall not apply pesticides';
On page three, section 4.1, by striking out '1995';
On page three, section 4.1, by striking out the
words 'or the most recent revision';
On page three, section 4.3, after the words 'the
school', by striking out the word 'shall' and inserting
in lieu thereof the word 'should';
On page three, section 4.3, after the words 'success of' by striking out the word 'and' and inserting in lieu
thereof the word 'an';
On page three, section 4.3, after the words 'This
record' by striking out the word 'shall' and inserting in
lieu thereof the word 'should';
On page three, section 4.3, by striking out the word
'every six months' and inserting in lieu thereof the word
'periodically';
On page three, section 4.3, by striking out the word
'so';
On page three, section 4.4, after the words 'created
by' by inserting the words 'West Virginia Code';
On page three, section 4.4, by striking out the
words 'shall review and approve' and inserting in lieu
thereof the words 'may comment on';
On page three, section 4.5, by striking out the
words 'The completed integrated pest management shall be
filed with the Commissioner for compliance inspection'
and inserting in lieu thereof the following: 'Schools
covered by this rule shall file completed integrated pest
management plans with the Commissioner for compliance
inspection';
On page three, section 4.5, after the words 'the program,' by inserting the words 'they shall submit';
On page three, section 4.5, by striking out the
words 'shall be submitted' and inserting in lieu thereof
the word 'to';
On page four, section 4.7, after the words 'Upon
request' by inserting the words 'schools covered by this
rule shall provide';
On page four, section 4.7, by striking out the words
'shall be provided';
On page four, section 4.8, by striking out the words
'these rules' and inserting in lieu thereof the words
'this rule';
On page four, section 5.1, by striking out '1995';
On page four, section 5.1, by striking out the words
'or the most recent revision';
On page five, section 5.3, after the words 'day care
center' by striking out the word 'shall' and inserting in
lieu thereof the word 'should';
On page five, section 5.3, after the words 'success
of', by striking out the word 'and' and inserting in lieu
thereof the word 'an';
On page five, section 5.3, after the word 'this
record' by striking out the word 'shall' and inserting in lieu thereof the word 'should';
On page five, section 5.3, by striking out the words
'every six months' and inserting in lieu thereof the word
'periodically';
On page five, section 5.3, by striking out the word
'so';
On page five, section 5.4, by striking out the words
'The completed integrated pest management plan shall be
filed with the Commissioner for compliance inspection'
and inserting in lieu thereof the following: 'All day
care centers covered by this rule shall file completed
integrated pest management plans with the Commissioner
for compliance inspection.';
On page five, section 5.4, after the words 'the
program,' by inserting the words 'they shall submit';
On page five, section 5.4, by striking out the words
'shall be submitted' and inserting in lieu thereof the
word 'to';
On page five, section 5.6, before the word 'Copies,'
by inserting the words 'Day care centers covered by this
rule shall provide';
On page five, section 5.6, by striking out the words
'shall be given to' and inserting in lieu thereof the words 'to a';
On page five, section 6.1.1, before the words 'The
monitoring program,' by adding the following: 'Each
school and day care center shall have a monitoring
program.';
On page six, section 6.1.1, before the words 'The
information' by adding the words 'Each school and day
care center shall evaluate';
On page six, section 6.1.1, by striking out the
words 'shall be evaluated';
On page six, section 6.1.2, by striking out the
words 'A monitoring program shall be conducted in each
facility on an ongoing basis' and inserting in lieu
thereof the following: 'Each school and day care center
shall conduct a monitoring program in suspect areas of
their facility on an ongoing basis';
On page six, section 6.1.3.b.A, before the word
'Trap' by adding the word 'The';
On page six, section 6.1.3.b.A, after the word 'and'
by inserting the word 'its';
On page six, section 6.1.3.b.B, before the word
'Date' by adding the word 'The';
On page six, section 6.1.3.b.C, by striking out the word 'Trap' and inserting in lieu thereof the words 'The
trap's';
On page six, section 6.1.3.b.D, before the word
'Numbers' by inserting the word 'The';
On page six, section 6.1.3.b.F, after the words
'pest management,' by adding a semicolon and the word
'and';
On page six, section 6.1.3.c, by striking out the
words 'at least every two months or';
On page six, section 6.1.3.c, after the words 'tacky
or when' by inserting the word 'the';
On page six, section 6.1.3.c, after the word 'first'
by adding a semicolon and the word 'and';
On page seven, section 6.2, by striking out the
comma and the words 'Use of the Least Hazardous
Materials', and inserting in lieu thereof the words 'of
this rule';
On page seven, after the section heading, by adding
the following:
'In an integrated pest management program, persons
responsible for pest management should evaluate all
possible control options. Control options range from
nonchemical methods to least hazardous pesticides to pesticides with a higher degree of risk to human health.
In keeping with the legislative mandate for integrated
pest management, the pest control contractor shall, after
monitoring for pest infestations, proceed in controlling
pests using the least hazardous method that is both
practical and effective as outlined in this section.'
And by renumbering the remaining sections.;
On page seven, section 7.1.1, by striking out the
word 'shall' and inserting in lieu thereof the word
'should';
On page seven, section 7.1.1, before the word
'preventive' by striking out the word 'Such' and
inserting in lieu thereof the word 'These';
On page seven, section 7.1.1, before the word
'Consult' by adding the words 'A school or day care
center shall';
On page seven, section 7.1.1, by striking out the
words '1995, or the most recent revision';
On page seven, section 7.1.1, by striking out the
word 'IPM' and inserting in lieu thereof the words
'integrated pest management';
On page seven, section 7.1.1, by striking out the
words 'Note that';
On page seven, section 7.2.1, after the word
'necessary' by inserting the words, 'for a school or day
care center';
On page seven, section 7.3.1, before the word
'Products' by adding the words 'Schools and day care
centers shall apply';
On page seven, section 7.3.1, by striking out the
words 'and applied';
On page eight, section 7.3.3, by striking out the
word 'are' and inserting in lieu thereof the word
'shall';
On page eight, section 7.3.3, after the word 'out'
and by inserting the words 'of the treated area';
On page eight, section 7.4.3, after the word
'greater' by adding the words 'except when the air in the
treated area can be purged by the heating, cooling and
ventilation system, the period of reentry shall be 4
hours or the period specified on the label of the
pesticide product as registered by the United States
Environmental Protection Agency, which ever is greater.';
On page eight, section 8.1.a, by striking out the
comma and the words 'Use of the Least Hazardous
Materials';
On page eight, section 8.1.b, before the word
'School' by adding the words 'At the beginning of the
school year,';
On page eight, section 8.1.b, at the end of the
section by adding the following: 'The notice shall
instruct the employee of the location of posting of the
treatment schedule and notification of any necessary
unscheduled treatments. School administrators shall also
notify their employees of the treatment schedule at
faculty senate meetings.';
On page eight, section 8.2.a, by striking out the
word 'in' and inserting in lieu thereof the word 'is';
On page eight, section 8.2.a, after the words
'parents or' by inserting the word 'legal';
On page eight, section 8.2.a, after the word
'pesticides' by striking out the words 'in levels 3 and
4 as detailed in section 4, Use of the Least Hazardous
Materials, of this rule.' and inserting in lieu thereof
the words 'as detailed in section 4 of this rule.';
On page nine, section 8.2.b, after the words
'parents or' by inserting the word 'legal';
On page nine, section 8.2.b, after the words 'parent
or' by inserting the word 'legal';
On page nine, section 8.2.c, after the words 'parent
or' by inserting in the word 'legal';
On page nine, section 8.2.c, by striking out the
word 'such';
On page nine, section 8.3.a, after the words 'parent
or' by adding the word 'legal';
On page nine, section 8.3.a, after the word
'pesticide' by striking out the words 'in levels 3 and 4
as detailed in section 4, Use of the Least Hazardous
Materials, of this rule.' and inserting in lieu thereof
the words 'as detailed in section 4 of this rule';
On page nine, section 8.3.b, after the words 'to the
parent or' by inserting the word 'legal';
On page nine, section 8.3.b, by striking out the
word 'Such' and inserting in lieu the word 'The';
On page nine, section 8.3.b, after the words 'where
the parent or' by inserting the word 'legal';
On page nine, section 9.1, after the word 'pesticide
applicators' by striking out the comma and inserting in
lieu thereof a period.;
On page nine, section 9.1, by striking out the words
'Except that';
On page nine, section 9.4, after the words 'pesticide applicators', by inserting a comma and
striking out the word 'or';
On page nine, section 9.4, by striking out the words
'certified in General Pest Control';
On page nine, section 9.4, after the words 'outlined
in' by striking out the words 'Title 61 Series 12A,
Certified Pesticide Applicator Rules' and inserting in
lieu thereof the words 'West Virginia Department of
Agriculture Certified Pesticide Applicator Rules, 61 CSR
12A';
On page ten, section 9.5.1, before the word
'specialized' by striking out the word 'The' and
inserting in lieu thereof the word 'Any';
On page ten, section 9.5.1, by striking out the word
'program' and inserting in lieu thereof the words
'programs not offered by the commissioner';
On page ten, section 9.5.2, by striking out the
words 'Title 61 Series 12A' and inserting in lieu thereof
the words '61 CSR 12A';
On page ten, section 9.5.2, by striking out the word
'July' and inserting in lieu thereof the word
'September';
On page ten, section 9.5.3, by striking out the word 'July' and inserting in lieu thereof the word
'September';
On page ten, section 9.5.3, by striking out the
words 'Title 61 Series 12A' and inserting in lieu thereof
the words '61 CSR 12A';
On page ten by striking out all of section 10.1, and
inserting in lieu thereof the following:
'10.1. Schools and day care centers covered by this
rule shall keep for a period of two years all documents
required to be in the Integrated Pest Management Files as
detailed in Section 4.6 and Section 5.5, respectively, of
this rule.';
On page ten, by striking out all of section 11.1 and
renumbering the remaining sections;
On page ten, section 11.2, by striking out '1995';
And,
On page eleven, section 11.5, by striking out the
words 'these rules' and inserting in lieu thereof the
words 'this rule'."
(g) The legislative rule filed in the state register
on the twenty-third day of April, one thousand nine
hundred ninety-six, authorized under the authority of
section two, article nine, chapter nineteen, of this code, modified by the commissioner of agriculture to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the fourth
day of October, one thousand nine hundred ninety-six,
relating to the commissioner of agriculture (animal
disease control, 61 CSR 1), is authorized.
NOTE: The purpose of this bill is to authorize the
Commissioner of Agriculture to promulgate a legislative
rule relating to Animal Disease Control.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.