The Commonwealth of Massachusetts
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PETITION OF:
Pamela P. Resor
Susan C. Fargo
David Paul Linsky
J. James Marzilli, Jr.
Barbara A. L'Italien
Denise Provost
James B. Eldridge
John W. Scibak
Willie Mae Allen
William N. Brownsberger
Matthew C. Patrick
James M. Murphy
Cory Atkins
Kay Khan
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In the Year Two Thousand and Seven.
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An Act to promote the use of integrated pest management techniques in the Commonwealth. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Whereas,
Pesticides contain toxic substances which may have a detrimental effect on
human health and the environment; and
Whereas, It is recognized that pests can best be controlled through an
integrated pest management program that combines preventive techniques,
nonchemical pest control methods, and, only when absolutely necessary, the use
of pesticides with a preference for products that are the least harmful to
human health and the environment.
It is hereby resolved that it shall be the policy of the Commonwealth of
Massachusetts to minimize the use of pesticides needed to effectively control
targeted pests in all areas of application. The state agencies involved in the
regulation of the use of pesticides shall promote the principles and the
implementation of integrated pest management and other science-based technology
to minimize reliance on pesticides while recognizing that outbreaks of disease,
insects and other pests will necessitate fluctuations in pesticide use. These
agencies, in cooperation with the University of Massachusetts
Extension Integrated Pest Management Program and the Massachusetts Integrated Pest Management Council and private interest
groups, shall work to educate pesticide users and the general public in the
proper use of pesticides and to establish guidelines, certification procedures,
and take other actions necessary to accomplish this state policy.
SECTION 2. Section
2 of chapter 132B of the General Laws, as amended by chapter 85 of the Acts of
2002, is hereby amended by inserting after the definition of “Integrated Pest
Management” the following definition:—
“IPM Council”, the Massachusetts Integrated Pest Management Council. Section 3.
SECTION 3 of
chapter 132B of the General Laws, as so appearing, is hereby amended by
inserting after the definition of “Under the direct supervision of a certified
applicator” the following definition:—
“University of Massachusetts IPM Program”, the University of Massachusetts
Extension Integrated Pest Management Program.
SECTION 4. Chapter
132B of the General Laws, as appearing in the 2002 Official Edition, is hereby
amended by inserting after section ten the following new section:—
Section 10A. The University of Massachusetts
IPM Program, with the assistance of the
IPM Council, shall develop integrated pest management guidelines for various
sectors, including, but not limited to, structural pest control; agriculture;
lawns, turf, trees and shrubs; golf courses; forestry; and. mosquito control.
Such guidelines shall be made available to all certified commercial
applicators, all certified private applicators, all licensed applicators, their
employers and employees and the general public.
The department, in conjunction with the University of Massachusetts
IPM Program, and with the assistance of
the IPM Council, shall develop an integrated pest management certification
process using the guidelines developed pursuant to this section. All certified commercial
applicators, all certified private applicators, and all licensed applicators
shall be certified in the use of integrated pest management techniques no later
than December 1, 2006. The department, in conjunction with the University of Massachusetts IPM Program, and with the assistance of the IPM Council, shall
also establish continuing education requirements for all certified and licensed
applicators, and establish procedures for obtaining continuing education
credits. All certified commercial applicators, all certified private
applicators, and all licensed applicators shall use integrated pest management
techniques commencing no later than December 1, 2006.
The department, in conjunction with the University of Massachusetts
IPM Program, and with the assistance of
the IPM Council, shall develop protocols for measuring compliance with the
requirements of this paragraph. Such protocols shall require sufficient
documentation to allow the department to reliably determine that the applicator
is using integrated pest management techniques. The department if responsible
for enforcing all of the requirements of this section.
The department shall submit an annual report to the clerks of the senate and
the house and the joint committee on natural resources and agriculture
describing the efforts made and the progress made toward further use of
integrated pest management and other alternate pest control methods in the
commonwealth. Such report shall be filed on January first of each year.
SECTION 5. Section 14 of chapter 132B of the General Laws, as amended by chapter 85 of the Acts of 2002, is hereby amended by adding after the words “Section 7A”, the following words: “or Section 10A”.
SECTION 6. Chapter 132B of the General Laws, as amended by chapter 85 of the Acts of 2002, is hereby amended by adding after the words “Section 10” in Section 14A(a), the following words: “or Section 10A”.
SECTION 7. Chapter 132B of the General Laws, as amended by chapter 85 of the Acts of 2002 is hereby amended by adding after the words “Section 10” in Section 14A(b), the following words: “or Section 10A