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Minutes for HB2607 - Committee on Agriculture and Natural Resources

Short Title

Amending the Kansas pesticide law to expand the applicability of civil and criminal penalties and update requirements for training and supervision, proof of financial responsibility, pesticide applications in the sodium cyanide predator control category and record retention by government agencies.

Minutes Content for Thu, Mar 7, 2024

Chairman Peck opened the hearing on HB2607.

Tamera Lawrence, Revisor gave an overview of the bill.(Attachment 1)

Kelsey Olson, Deputy Secretary, Kansas Department of Agriculture testified in favor of the bill. (Attachment 2) The Kansas Department of Agriculture (KDA) is the authorized entity to enforce laws applicable to pesticide use in Kansas. HB2607   proposes updates to the current statutes in order to maintain the state's primacy over pesticide regulation, update the act for financial responsibility and reduce restrictions on eligible pesticide applicators and employees.

In 2017 the U.S.. Environmental Protection Agency (EPA) updated the regulations to ensure states have consistent standards. There are 4 key revisions to the EPA's Certification of Pesticide Applicators Rule. One of the major components of this legislation is simply to include all persons and entities that apply restricted use pesticides. The EPA rules - all states needed to submit revised certification plans for approval by November 4, 2023. KDA submitted a revised certification plan to the EPA and the plan was approved in the fall of 2023.

Components of the plan are, Civil Penalty Authority, Education and Training Requirements, Agency Record keeping. Special Certification and Financial Responsibility.

Deputy Secretary Olson and Kelly Navinsky-Wensl, Program Manager, KDA ,stood for questions.

Randy Stookey, Senior Vice President & General Council submitted joint testimony in favor of the bill on behalf of the Kansas Grain and Feed Association (KGFA) and the Kansas Agribusiness Retailers Association (KARA). (Attachment 3)   There are a lot of moving parts, their focus is on a couple of items, one is they implore the committee to move the bill forward with or without amendment. Without this bill being passed and then some follow up regulations by the agency, KDA is at risk then of losing their primacy, their authority, then by the EPA delegated authority to regulate this area of the industry. Point two is the civil penalty amounts.

Mr. Stooky then stood for questions.

Representative Fred Gardner, testified to the bill.(Attachment 4) Representative Gardner has been involved in production agriculture for a very long time.

Due to time constraint Chairman Peck will continue the hearing on Mar. 12.

Meeting adjourned at 9:29 am.