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.