By Mr. Petersen of Marblehead, petition (accompanied by bill, House, No. 829) of Douglas W. Petersen and others for legislation to promote the use of integrated pest management techniques in the Commonwealth.  Environment, Natural Resources and Agriculture.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Douglas W. Petersen

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