CH. 44.]SESSION LAWS, 1961.

CHAPTER 244.CSub. H1. B. 140.]

AGRICULTURAL PESTICIDES.AN ACT relating to agricultural pesticides; providing penalties;

adding a new chapter to chapter 11, Laws of 1961 (HouseBill No. 1) and to Title 15 RCW; and repealing section15.56.010 through 15.56.1,90, chapter 11, Laws of 1961 (HouseBill No. 1) and chapter 15.56 RCW.

Be it enacted by the Legislature of the State ofWashington:

Legislative SECTION 1. The formulation, distribution and saledeclaration.

of any agricultural pesticide and the disseminationof accurate scientific information as to the properuse, or nonuse, of any agricultural pesticide, is im-portant and vital to the maintenance of a high levelof public health and welfare both immediate andfuture, and is hereby declared to be a businessaffected with the public interest. The provisions ofthis act are enacted in the exercise of the policepowers of the state for the purpose of protecting theimmediate and future health and welfare of thepeople of the state.

Definitions. SEC. 2. For the purposes of this act:"Department". (1) "Department" means the department of

agriculture of the state of Washington."Director". (2) "Director" means the director of the de-

partment or his duly appointed representative."Person". (3) "Person" means a natural person, individual,

firm, partnership, corporation, company, society, as-sociation, or any organized group of persons whetherincorporated or not, and every officer, agent or em-ployee thereof. This term shall import either thesingular or plural as the case may be.

"Agricultural (4) "Agricultural pest" means, but is not limitedpest". to, any insect, rodent, nematode, snail, slug, weed and

any form of plant or animal life or virus, exceptvirus on or in living man or other animal, which isnormally considered to be a pest or which the direc-tor may declare to be a pest.

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CH. 244.]

SESSION LAWS, 1961.[C.24

(5) "Agricultural pesticide" hereafter referred P ra

to as pesticide, means, but is not limited to, (a) anysubstance or mixture of substances intended toprevent, destroy, control, repel, or mitigate anyinsect, rodent, nematode, snail, slug, fungus, weedand any other form of plant or animal life or virus,except virus on or in living man or other animal,which is normally considered to be a pest or whichthe director may declare to be a pest, and (b) anysubstance or mixture of substances intended to beused as a plant regulator, defoliant or desiccant, and(c) any spray adjuvant, such as a wetting agent,spreading agent, deposit builder, adhesive, emulsi-fying agent, defiocculating agent, water modifier, orsimilar agent with or without toxic properties of itsown intended to be used with any other pesticide asan aid to the application or effect thereof, and soldin a package or container separate from that of thepesticide with which it is to be used.

(6) "Device" means any instrument or contriv- "Device".

ance intended to trap, destroy, control, repel, ormitigate agricultural pests or to destroy, control,repel, or mitigate fungi, nematodes or such otheragricultural pests, as may be designated by thedirector, but not including equipment used for theapplication of pesticides when sold separately there-from.

(7) "Fungicide" means any substance or mixture "Fungicide".

of substances intended to prevent, destroy, repel ormitigate any fungi.

(8) "Rodenticide" means any substance or mix- "Rodenticide".

ture of substances intended to prevent, destroy, repelor mitigate rodents or any other vertebrate animalwhich the director may declare to be a pest.

(9) "Herbicide" means any substance or mixture "Herbicide".

of substances intended to prevent, destroy, repelor mitigate any weed.

(10) "Insecticide" means any substance or mix- "Insecticide".

ture of substances intended to prevent, destroy, re-[ 2087]1

[CH. 244.

CH. 44.]SESSION LAWS, 1961.

pel, or mitigate any insects which may be presentin any environment whatsoever.

"Nematacide". (11) "Nematocide" means any substance or mix-ture of substances intended to prevent, destroy,repel, or mitigate nematodes.

"Plant(12) "Plant regulator" means any substance ormixture of substances intended through physiologi-cal action, to accelerate or retard the rate of growthor maturation, or to otherwise alter the behavior ofornamental or crop plants or the produce thereof,but shall not include substances insofar as they areintended to be used as plant nutrients, trace ele-ments, nutritional chemicals, plant inoculants orsoil amendments.

"Defoliant". (13) "Defoliant" means any substance or mix-ture of substances intended to cause the leaves orfoliage to drop from a plant with or without causingabscission.

"Desiccant". (14) "Desiccant" means any substance or mix-ture of substances intended to artificially acceleratethe drying of plant tissues.

"Weed". (15) "Weed" means any plant which growswhere not wanted.

"Insect". (16) "Insect" means any of the numerous smallinvertebrate animals whose bodies are more orless obviously segmented, and which for the mostpart belong to the class insecta, comprising six-legged, usually winged forms, as, for example,beetles, bugs, bees, flies, and to other allied classesof arthropods whose members are wingless andusually have more than six legs, as, for example,spiders, mites, ticks, centipedes, and isopod crusta-ceans.

"Fungi". (17) "Fungi" means all nonchlorophyll-bearingthallophytes (that is, all-chlorophyll-bearing plantsof a lower order than mosses and liverworts) as, forexample, rusts, smuts, mildews, molds, yeasts andbacteria, except those on or in living man or otheranimals.

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CH. 244.]

SESSION LAWS, 1961.[C.2.

(18) "Snails or slugs" include all harmful agri- "Snil- or

cultural mollusks.(19) "Nematode" means any of the nonseg- "Nematode".

mented roundworms harmful to agricultural plants.(20) "Ingredient statement" means either: "Ingredient

(a) A statement of the name and percentage ofeach active ingredient, together with the total per-centage of the inert ingredients, in the pesticide; or

(b) A statement of the name of each active in-gredient, together with the name of each, and totalpercentage of, inert ingredients, if any there be, inthe pesticide (except option (a) shall apply if thepreparation is highly toxic to man, determined asprovided in section 6 of this act); and, in addition to(a) and (b) in case the pesticide contains arsenicin any form, a statement of the percentages of totaland water soluble arsenic, each calculated as ele-mental arsenic.

(21) "Active ingredient" means: igein"

(a) In the case of a pesticide other than a plantregulator, defoliant or desiccant, an ingredient whichwill prevent, destroy, repel, control, or mitigateagricultural pests, or other pests;

(b) In the case of a plant regulator, an ingredi-ent which, through physiological action, will acceler-ate or retard the rate of growth or rate of maturationor otherwise alter the behavior of ornamental orcrop plants or the produce thereof;

(c) In the case of a defoliant, an ingredientwhich will cause the leaves or foliage to drop froma plant;

(d) In the case of a desiccant, an ingredientwhich will artificially accelerate the drying of planttissue.

(22) "Inert ingredient" means an ingredient '.Iner~.

which is not an active ingredient.(23) "Antidote" means the most practical jM- "Antidote".

mediate treatment in case of poisoning and includesfirst aid treatment.

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[CH. 244.

CHi. 244.] SESSION LAWS, 1961.

"Registrant". (24) "Registrant" means the person registeringany agricultural pesticide pursuant to the provisionsof this act.

"Label". (25) "Label" means the written, printed, orgraphic matter on, or attached to, the pesticide ordevice or the immediate container thereof, and theoutside container or wrapper of the retail package, ifany there be, of the pesticide or device.

"Labeling". (26) "Labeling" means all labels and otherwritten, printed, or graphic matter:

(a) Upon the pesticide or device or any of itscontainers or wrappers;

(b) Accompanying the pesticide, or referring toit in any other media used to disseminate informationto the public;

(c) To which reference is made on the label orin literature accompanying or referring to the pesti-cide or device, except when accurate nonmisleadingreference is made to current official publications ofthe department, United States departments of agri-culture and interior, the United States public healthservice, state experiment stations, state agriculturalcolleges, and other similar federal or state institu-tions or agencies authorized by law to conduct re-search in the field of pesticides.

Mgly (27) "Highly toxic" means highly toxic as de-fined in Title 7, Code of Federal Regulations 362.8and as interpreted in Agricultural Research Service,Service and Regulatory Announcements No. 167 asissued and amended on the effective date of thisact: Provided, That the director may adopt, sub-sequent to a hearing, any amendment to such defini-tion and interpretation prescribed by the secretaryof the United States department of agriculture.

"Commercial (28) "Commercial quantity" means pesticidesquatit". placed in containers or packaged in amounts over

five pounds dry weight or one gallon liquid measure."Restricted (29) "Restricted use pesticide" means any pesti-use pesticide".

cide which the director has found and determined[ 2090]1

SESSION LAWS, 1961.[C.24

subsequent to hearing under the provisions of thepesticide applicators act as enacted or hereafteramended, to be injurious to persons, pollinating in-sects, bees, animals, crops or lands other than theagricultural pests it is intended to prevent, destroy,control or mitigate.

(30) "Engage in the business" means any sale,or to hold for sale, or offer for sale, at any time, anypesticide in commercial quantities or any highlytoxic pesticide in any amount.

SEC. 3. The term "adulterated" shall apply toany pesticide if its strength or purity deviates fromthe professed standard or quality as expressed on itslabeling or under which it is sold, or if any substancehas been substituted wholly or in part for the pesti-cide, or if any valuable constituent of the pesticidehas been wholly or in part abstracted.

SEC. 4. The term "misbranded" shall apply:(1) To any pesticide or device if its labeling

bears any statement, design, or graphic representa-tion relative thereto or to its ingredients which isf alse or misleading in any particular;

(2) To any pesticide:(a) If it is an imitation of or is offered for sale

under the name of another pesticide;(b) If its labeling bears any reference to regis-

tration under the provisions of this act;(c) If the labeling acompanying it does not con-

tain directions for use which are necessary and whichif complied with would be adequate for the protec-tion of the public;

(d) If the label does not contain a warning orcaution statement which may be necessary andwhich if complied with would be adequate to pre-vent injury to living man and other vertebrate ani-mals, vegetation, and useful invertebrate animals;

(e) If the label does not bear an ingredient state-ment on that part of the immediate container and

[ 20911

"Engage in thebusiness"J.

"Adulterated"to apply,when.

"Misbranded"to apply,when.

[CH. 244.

CH. 44.]SESSION LAWS, 1961.

on the outside container or wrapper, if there be one,through which the ingredient statement on the im-mediate container cannot be clearly read, of theretail package which is presented or displayed undercustomary conditions of purchase: Provided, Thatthe director may permit the ingredient statementto appear prominently on some other part of thecontainer, if the size or form of the container makesit impracticable to place it on the part of the retailpackage which is presented or displayed under cus-tomary conditions of purchase:

(f) If any word, statement or other informationrequired by or under authority of the provisions ofthis act to appear on the label or labeling is notprominently placed thereon with such conspicuous-ness (as compared with other words, statements,designs, or graphic matter in the labeling), and insuch terms as to render it likely to be read andunderstood by the ordinary individual under cus-tomary conditions of purchase or;

(g) If in the case of an insecticide, nematocide,fungicide, or herbicide when used as directed or inaccordance with commonly recognized practice itshall be injurious to living man or other vertebrateanimals, or vegetation, except weeds, to which it isapplied, or to the person applying such pesticide; or

(h) If in the case of a plant regulator, de-foliant, or desiccant when used as directed it shallbe injurious to living man or other vertebrate ani-mals, or vegetation to which it is applied, or to theperson applying such pesticide: Provided, That phys-ical or physiological effects on plants or parts thereofshall not be deemed to be injurious, when this isthe purpose for which the plant regulator, defoliant,or desiccant was applied, in accordance with thelabel claims and recommendations.

(3) To a spray adjuvant when the label failsto state the type or function, and the names of theprincipal functioning agents. If more than three

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CH. 244.]

SESSION LAWS, 1961. [I.24

such agents are present, only the three principalones need be named. A pesticide sold only as a sprayadjuvant shall not be construed to be misbrandedif the total percentage of the constituents ineffec-tive as a spray adjuvant is stated on the label with-out the mention of the terms "active ingredient" or"inert ingredient" in lieu of one of the options re-quired by section 2, subsection 14 of this act.

SEC. 5. All rules adopted under the provisionsof this act shall be subject to the provisions of chap-ter 34.04 RCW as enacted or hereafter amended, con-cerning the adoption of rules.

SEC. 6. The director shall administer and enforcethe provisions of this act and rules adopted here-under subject to hearings as provided in chapter34.04 RCW as enacted or hereafter amended.

(1) The director shall adopt rules pursuant tosection 5 of this act:

(a) Governing the sale or prohibiting the saleof any pesticide which subsequent to a hearing hefinds to be an injurious pesticide.

(2) The director may adopt rules, pursuant tosection 6 of this act, which shall include but not belimited to the following rules:

(a) Declaring as an agricultural pest any formof plant or animal life or virus which is injurious toany plant, man, domestic animal, article or substance.

(b) Determining that certain pesticides arehighly toxic to man even though such pesticides arenot within the scope of the definition of highly toxic,as defined in section 2, subsection 27 of this act.

(c) Establishing standards of coloring or dis-coloring for any pesticide including pesticides sub-ject to the requirements of section 20, subsection 4of this act.

(d) Concerning safety in the distribution andsale of all pesticides and devices required to be reg-istered under the provisions of this act.

[ 2093 II

Chapter 30.04RCW applica-ble to adoptionof rules.

Rules, scope-Enforcement.

[CH. 244.

CH. 44.)SESSION LAWS, 1961.

(3) For the purpose of this section the directormay adopt rules in conformity with the primarystandards established by the United States depart-ment of agriculture or any other federal agency, withrespect to pesticides.

(4) The director shall publish a list of all pesti-cides within the scope of the definition of highlytoxic, as defined in section 2, subsection 27 of thisact and as prescribed by rule under subsection 2 (b)of this section, by their generic name, or trade orbrand name of the registered formulation in whichthey are included. Such list shall be kept currentand shall, upon request, be made available to anyinterested party.

SEC. 7. The director is authorized to deny, sus-pend, or revoke any license, registration or permitprovided for in this act subject to a hearing, in anycase in which he finds there has been a failure orrefusal to comply with the provisions of this actor rules adopted hereunder. All hearings for thesuspension, denial or revocation of such license, reg-istration or permit shall be subject to the provisionsof chapter 34.04 RCW as enacted or hereafteramended, concerning contested cases.

Subpoenas. SEC. 8. The director may issue subpoenas tocompel the attendance of witnesses and/or produc-tion of books, documents and records in the countyin which the person licensed under this act residesin any hearing affecting the authority or privilegegranted by a license, registration or permit issued

Witness fees, under the provisions of this act. Witnesses shall beentitled to fees for attendance and travel, as pro-vided for in chapter 2.40 RCW, as enacted or here-after amended.

License to SEC. 9. It shall be unlawful for any person to en-sel pstiids.gage in the business of selling, offering for sale, or

holding for sale any pesticide in commercial quan-tities or highly toxic pesticides in any amount with-

[2094]

Right to deny,suspend orrevoke license,grounds.

Hearings sub-ject to chapter34.04 RCW.

CH. 244.1

SESSION LAWS, 1961.[C.24

out first having obtained an annual license from thedirector which shall expire on the final day of Febru-ary. A license shall be required for each locationor outlet from which such pesticides are sold or heldfor sale or offered for sale. Application for a license Application

-Fee.shall be accompanied by a ten dollar annual licensefee and shall be on a form prescribed by the direc-tor and shall include the full name of the personapplying for such license. If such applicant is anindividual, receiver, trustee, firm, partnership, as-sociation or corporation, the full name of each mem-ber of the firm or partnership or the names of theofficers of the association or corporation shall begiven on the application. Such application shall fur-ther state the principal business address of the ap-plicant in the state and elsewhere and the name ofa person domiciled in this state authorized to receiveand accept service of summons of legal notices ofall kinds for the applicant, and any other necessaryinformation prescribed by the director: Provided,That the provisions of this section shall not apply to Exemptions.

a pesticide applicator who sells agricultural pesti-cides only as an integral part of his pesticide appli-cation service when such pesticides are dispensedonly through apparatuses used for such pesticideapplicator: Provided further, That fertilizers whichare sold as and are primarily plant nutrients contain-ing pesticides only in part shall not be subject tothe licensing provisions of this section, when soldonly for home use in packages of fifty pounds or less.

SEC. 10. If an application for renewal of a pesti- Penalty forlate license

cide license is niot filed on or prior to March 1st Of renewal.

any one year subsequent to March 1, 1961, a penaltyof ten dollars shall be assessed and added to theoriginal fee and shall be paid by the applicant beforethe renewal license shall be issued: Provided, Thatsuch penalty shall not apply if the applicant fur-nishes an affidavit that he has not sold or held for

[ 2095 1

[CH. 244.

CH. 44.]SESSION LAWS, 1961.

sale or offered for sale any pesticide subject to sec-tion 9 of this act subsequent to the expiration of hisprior license.

License fee SE.1.Tedrcoshlprrttelineprorated.SE.1.Tedrcoshlprrtthline

fee required under the provisions of this act fromthe effective date of this act to the final day ofFebruary 1962. Such license fee shall not be pro-rated for any subsequent license period.

Registration of SEC. 12. Every pesticide which is distributed, sold,pesticides--Renewal, offered for sale, or held for sale within this state or

delivered for transportation or transported in intra-state commerce or between points within this statethrough any point outside this state shall be reg-istered with the director subject to the provisionsof this act. Such registration shall be renewed an-

Exemptions. nually prior to January 1st: Provided, That regis-tration is not required in the case of a pesticideshipped from one plant or warehouse to anotherplant or warehouse operated by the same personand used solely at such plant or warehouse as aconstituent part to make a pesticide which is reg-istered under the provisions of this act.

Registration SEC. 13. The registrant shall file a statement withstatement.contents, the department, on a form prescribed by the direc-

tor, which shall include the following:(1) The name and address of the registrant and

the name and address of the person whose name willappear on the label, if other than the registrant's.

(2) The name of the pesticide.(3) A complete copy of the labeling accompany-

ing the pesticide and a statement of all claims tobe made for it, including the directions and precau-tions for use.

(4) If requested by the director a full descrip-tion of the tests made and the results thereof uponwhich the claims are based.

(5) Any other necessary information prescribedby the director.

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CH. 244.]

SESSION LAWS, 1961.[C.24

SEC. 14. Any person desiring to register a pesti- feetrtio

cide with the department shall pay to the directorExiaonan annual registration fee of ten dollars for the firstpesticide so registered and ten dollars for each addi-tional pesticide registered by the department forsuch person. All such registrations shall expire onDecember 31st of any one year.

SEC. 15. If the renewal of a pesticide registra- Penalty forlate regis-

tion is not filed prior to January 1st of any one year tration.

a penalty of five dollars shall be assessed and addedto the original fee and shall be paid by the applicantbefore the registration renewal shall be issued: Pro-vided, That such penalty shall not apply if the ap-plicant furnishes an affidavit certifying that he 4didnot sell, offer for sale or handle such unregisteredpesticide during the period of nonregistration. Thepayment of such fee or penalty is not a bar to anyprosecution for doing business without properregistry.

SEC. 16. All federal, state and county offices shall Public officesregister with-

register without fee all pesticides sold at cost by out fee.

them and they shall not be subject to the license pro-visions of section 9 of this act.

SEC. 17. The director, when he deems it neces- Standard forregistration.

sary in the administration of this act, may requirethe submission of the complete formula of any pesti-cide. If it appears to the director that the composi-tion of the pesticide is such as to warrant the pro-posed claims for it and if the pesticide and its label-ing and other material required to be summittedcomply with the requirements of section 20 of thisact he shall register the pesticide.

SEC. 18. If it does not appear to the director that Registration,notice of

the pesticide is such as to warrant the proposed failure tocomply.

claims f or it or if the pesticide and its labeling andother material required to be submitted do notcomply with the provisions of this act he shall notify

[ 2097]1

[CH. 244.

CR. 44.]SESSION LAWS, 1961.

the registrant of the manner in which the pesticide,labeling or other material required to be submittedfails to comply with the provisions of this act soas to afford the registrant an opportunity to make

Registration the necessary corrections. If, upon receipt of suchunder protest. notice, the registrant insists that such corrections

are not necessary and requests in writing that thepesticide be registered, the director shall registerthe pesticide under protest. Such registration underprotest shall be accompanied by a warning in writingto the registrant of the apparent failure of the pesti-

Hearing on cide to comply with the provisions of this act. If suchregistrationdetermination, pesticide is not brought into compliance within thirty

days from the date of issuance of the registrationunder protest, the director shall provide for a hearingas set forth in section 7 of this act to determine if theregistration of such pesticide should be allowed with-out protest or whether such registration should besuspended or revoked.

SEC. 19. The director may on his own motion, inorder to protect the public subsequent to the regis-tration of any pesticide, suspend such registrationand in lieu thereof on the same date issue a registra-tion under protest. If such pesticide is not broughtinto compliance within thirty days from the dateof issuance of the registration under protest, thedirector shall provide for a hearing as set forth insection 7 of this act to determine if the registrationof such pesticide should be reinstated as a registra-tion not under protest or whether such registrationshould be suspended or revoked.

Unlawful acts SE.2.Iisulwufoanpesnctgfrrelating to SE.2.Iisulwufoanpesnctgfrpesticides. himself or as an agent, to distribute, sell or offer

for sale within the state or deliver for transporta-tion or transport in intrastate commerce or betweenpoints within this state through any point outsidethis state any of the following:

[2098 ]

Registrationunder protest,initiation ofby director-Procedure.

CH. 244.]

SESSION LAWS, 1961.

(1) Any pesticide which has not been registeredpursuant to the provisions of sections 12, 13, 14, 15,16, 17, 18 and 19 of this act or any pesticide if anyof the claims made for it or any of the directionsfor its use differ in substance from the representa-tions made in connection with its registration, orif the composition of a pesticide differs from itscomposition as represented in connection with itsregistration: Provided, That at the discretion ofthe director, a change in the labeling or formula ofa pesticide may be made within a registration periodwithout requiring reregistration of the product.

(2) Any pesticide unless it is in the registrant'sor the manufacturer's unbroken immediate con-tainer and there is affixed to such container, and tothe outside container or wrapper of the retail pack-age, if there is one through which the required in-formation on the immediate container cannot beclearly read, a label bearing:

(a) The name and address of the manufacturer,registrant or person for whom manufactured.

(b) The name, brand or trademark under whichthe pesticide is sold.

(c) The weight or measure of the content sub-ject to the provisions of chapter 19.93 RCW (stateweights and measures act) as enacted or hereafteramended.

(3) Any pesticide which contains any substanceor substances in quantities highly toxic to man,determined as provided in section 2, subsection 27or section 6 of this act unless the label bears, in addi-tion to any other matter required by this act:

(a) The skull and crossbones;(b) The word "poison," prominently in red on

a background of distinctly contrasting color;(c) A statement of an antidote for the pesticide.(4) The pesticides commonly known as standard

lead arsenate, basic lead arsenate, calcium arsenate,magnesium arsenate, zinc arsenate, zinc arsenite,

[ 2099

[CHi. 244.

CH. 44.]SESSION LAWS, 1961.

sodium fluoride, sodium fluosilicate and barium flu-osilicate unless they have been distinctly coloredor discolored as provided by regulations issued inaccordance with this act, or any other white powderpesticide which the director, after investigation andafter public hearing on the necessity for such actionfor the protection of the public health and uponthe feasibility of such coloration or discoloration,requires by rule that it be distinctly colored or dis-colored, unless it has already been so colored or dis-colored. The director may exempt any pesticide tothe extent that it is intended for a particular useor uses, from the coloring or discoloring requiredor authorized by this section if he determines thatsuch coloring or discoloring for such use or uses isnot necessary for the protection of the public health.

(5) Any pesticide which is adulterated or mis-branded, or any device which is misbranded.

Further un- SEC. 21. It shall be unlawful:lawful actsrelating to (1) To sell or deliver any restricted use pesti-pesticides. cide to any person who is required by law or rules

promulgated under such law to have a permit touse or purchase such restricted use pesticide unlesssuch person or his agent, to whom sale or deliveryis made, has a valid permit to use or purchase thekind and quantity of such restricted use pesticidesold or delivered: Provided, That such permit maybe obtained immediately prior to sale or deliveryfrom any person designated by the director.

(2) For any person to detach, alter, deface ordestroy, wholly or in part, any label or labeling pro-vided for in this act or rules adopted under this act,or to add any substance to, or take any substancefrom, a pesticide in a manner that may defeat thepurposes of this act.

(3) For any person to use for his own advantageor to reveal, other than to the director or properofficials or employees of the state or to the courts of

[ 2100]1

CH. 244.]

SESSION LAWS, 1961.[C.4.

the state in response to a subpoena, or to physicians,or in emergencies to pharmacists and other quali-fied persons for use in the preparation of antidotes,any information relative to formulas of productsacquired by authority of section 17 of this act.

SEC. 22. Any person issued a license, or permit Records bylicensees,

under the provisions of this act may be required by permittees.

the director to keep accurate records on a form pre-scribed by him, containing the following infor-mation:

(1) The delivery, movement or holding of anypesticide or device, including the quantity, the dateof shipment and receipt, and the name of the con-signor and consignee, and any other information,necessary for the enforcement of this act, as pre-scribed by the director. The director shall haveaccess to such records at any reasonable time tocopy or make copies of such records for the purposeof carrying out the provisions of this act.

SEC. 23. The penalties provided for violations of emtdfosection 20 of this act shall not apply t:prnavies o

(1) Any carrier while lawfully engaged in trans- sect; ion 20 ofac.

porting a pesticide within the state, if such carrier, at

upon request, permits the director to copy all rec-ords showing the transaction in and movement ofthe articles.

(2) Public officials of the state and the federalgovernment engaged in the performance of theirofficial duties.

(3) The manufacturer or shippers of pesticidesfor experimental use only.

(a) By or under the supervision of an agency ofthe state or of the federal govermnent authorizedby law to conduct research in the field of pesticides.

(b) By others if the pesticide is not sold and ifthe container thereof is plainly and conspicuouslymarked ''For experimental use only-Not to be sold,"~together with the manufacturer's name and address.

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[CH. 244.

CH. 44.]SESSION LAWS, 1961.

If a written permit has been obtained from the direc-tor, pesticides may be sold for experimental pur-poses subject to restrictions and conditions set forthin the permit.

'Pesticides for SEC. 24. No pesticides shall be deemed in viola-export-exempt. tion of this act when intended solely for export to

a foreign country, and when prepared or packed ac-cording to the specifications or directions of thepurchaser. If not so exported, all the provisions ofthis act shall apply.

'Sections 26 SEC. 25. When the director finds from investiga-and 27 of actto apply. tion made by him, that any pesticide or device beingwhen.

distributed, sold or offered for sale within this stateor delivered for transportation or transported inintrastate commerce does not meet the requirementsof this act as follows, he shall take the action pre-scribed by section 26 and 27 of this act.

(1) In the case of a pesticide:(a) If it is adulterated or misbranded;(b) If it has not been registered under the pro-

visions of sections 12, 13, 14, 15, 16, 17, 18, and 19of this act;

(c) If it fails to bear on its label the informationrequired by this act;

(d) If it is a white powder pesticide and is notcolored as required under this act.

(2) In the case of a device, if it is misbranded.

pocaedr SEC. 26. Upon the discovery of any of the factsing of factsset out 2ino set forth in section 25 of this act:act. (1) The director may issue and serve a written

"istop sale, use or removal" order upon the owneror custodian of any pesticide or device which hefinds to be adulterated or misbranded within themeaning of this act. The pesticide or device shall notbe sold, used or removed until the provisions of thisact have been complied with and the pesticide ordevice has been released in writing by the directoror the violation has been otherwise disposed of as

[ 2102]1

CH. 244.]

SESSION LAWS, 1961. C.24

provided in this act by a court of competent juris-diction.

(2) If upon discovery by the director of anyadulterated or misbranded pesticide or device, theowner or custodian is not available for service ofthe order upon him, the director may attach theorder to the pesticide or device and the pesticide ordevice shall not be sold, used or removed until theprovisions of this act have been complied with andthe pesticide or device has been released in writingby the director or the violation has been otherwisedisposed of as provided in this act by a court of com-petent jurisdiction.

SEc. 27. (1) After service is made upon any per-son of a stop sale, use or removal order, either thatperson or the director may file an action in the su-perior court of the county in which a violation ofthis act is alleged to have occurred for an adjudica-tion of the alleged violation. The court in such actionmay issue temporary or permanent injunctions, man-datory or restraining, and such intermediate ordersas it deems necessary or advisable. The court mayorder condemnation of any pesticide or device whichdoes not meet the requirements of this act.

(2) If the pesticide is condemned, it shall, afterentry of decree, be disposed of by destruction orsale as the court directs, and the proceeds, if suchpesticide is sold, less legal costs, shall be paid tothe state treasury as provided in section 35 of thisact. Upon payment of costs and execution and deliv-ery of a good and sufficient bond conditioned thatthe pesticide shall not be disposed of unlawfully,the court may direct that the pesticide be deliveredto the owner thereof for relabeling or reprocessingas the case may be.

(3) When a decree of condemnation is enteredagainst the pesticide, court costs, fees and storageand other proper expenses shall be awarded against

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(CH. 244.

CH. 44.]SESSION LAWS, 1961.

the person, if any, appearing as claimant of thepesticide.

Examination SEC. 28. The examination of pesticides or devicesto determinecompliance shall be made under the direction of the director for

the purpose of determining whether or not they

Notice if comply with the requirements of this act. If it ap-proeedngs pears from such examination that a pesticide orcontemplated. device fails to comply with the provisions of this

act, and the director contemplates instituting crim-inal proceedings against any person, the directorshall cause notice to be given to such person. Any

Presentation person so notified shall be given an opportunity toof views, present his views, either orally or in writing, with

regard to the contemplated proceedings. If there-after in the opinion of the director it appears thatthe provisions of the act have been violated by such

Referral to person, the director shall refer to the prosecutingprosecutingattorney, attorney for the county in which the violation oc-

curred a copy of the results of the analysis or theexamination of such pesticide.

Imposition of SEC. 29. Nothing in this act shall be construed ascretionary. requiring the director to report for prosecution or

for the institution of condemnation proceedingsminor violations of this act when he believes thatthe public interests will be best served by a suitablenotice of warning in writing.

Penlatyo f SEC. 30. Any person violating section 20, sub-violtion of(1se cto.0 1 section 1 of this act is gulyof a misdemeanor pn

ishable by a fine of not less than one hundred normore than three hundred dollars.

Penalty for SEC. 31. Any person violating any provisions ofviolationsother than sec- this act other than section 20, subsection 1 of this

tion20 1). act is guilty of a misdemeanor. In any instance wherea registrant was issued a warning in writing by thedirector pursuant to the provisions of this act, suchregistrant shall upon conviction of a violation of anyprovision of this act other than section 20, subsection

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CH. 244.]

SESSION LAWS, 1961. C.24

1 of this act be punished by a fine of not less thanfive hundred nor more than one thousand dollars,by imprisonment in the county jail for not more thanone year, or both.

SEC. 32. The registration of any pesticide withreference to which a conviction of a violation of thisact occurred shall terminate automatically. A pesti-cide, the registration of which has been terminated,may not again be registered unless the pesticide, itslabeling and other material required to be submittedappear to the director to comply with all the re-quirements of this act.

SEC. 33. The director may bring an action toenjoin the violation or threatened violation of anyprovision of this act or any rule made pursuant tothis act in the superior court of the county in whichsuch violation occurs or is about to occur.

Termination ofregistrationupon con-viction of vio-lation-Re-registration.

Injunctiveaction-Venue.

SEC. 34. No person charged with the enforcement Standard forenforcement

of any provision of this act shall be directly or officials.

indirectly interested in the sale, manufacture ordistribution of any pesticide or device.

SEC. 35. All moneys received by the director Disposition

under the provisions of this act shall be paid intothe state treasury.

SEC. 36. The director is authorized to cooperate Intergovern-mental

with and enter into agreements with any other cooperation.

agency of the state, the United States, and any otherstate or agency thereof for the purpose of carryingout the provisions of this act and securing uniformityof regulation.

SEC. 37. The license provisions of this act shall Licensing pro-visions not

not ppl toanyphamacst ho s lcened ursantapplcbletnot ppl to ny harmcis wh is icesedursan armac.sts.

to chapter 18.64 RCW and does not sell, offer forsale or hold for sale any pesticide required to beregistered under the provisions of this act.

SEC. 38. The enactment of this act shall not have L~vi

the effect of terminating, or in any way modifying,

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[CH. 244.

CH. 45.]SESSION LAWS, 1961.

any liability, civil or criminal, which shall alreadybe in existence on the date this act becomes effective.

Savings-SEC. 39. Any registration issued under the provi-sions of chapter 15.56 RCW and in effect on theeffective date of this act shall continue in full forceand effect until its expiration date, as if it has beenissued under the provisions of this act, unless revokedprior thereto for cause by the director.

Short title. SEC. 40. This act may be cited as the Washingtonpesticide act.

Severability. SEC. 41. If any provision of this act, or its appli-cation to any person or circumstance is held invalid,the remainder of the act, or the application of theprovision to other persons or circumstances is notaffected.

Repeal. SEC. 42. Sections 15.56.010 through 15.56.190,chapter 11, Laws of 1961 (House Bill No. 1) andRCW 15.56.010 through 15.56.190 are each repealed.

New chapter. SEC. 43. The provisions of this act are added asa new chapter to chapter 11, Laws of 1961 (HouseBill No. 1) and to Title 15, RCW.

Passed the House March 8, 1961.Passed the Senate March 7, 1961.Approved by the Governor March 20, 1961.

CHAPTER 245.[ H. B. 184.]1

CITIES AND COUNTIES-AGREEMENTS TO CONSTRUCT,MAINTAIN CITY STREETS.

AN~ ACT relating to cities and counties; authorizing agreementsfor construction and maintenance of city streets by coun-ties; and adding a new section to chapter 36.75 RCW.

Be it enacted by the Legislature of the State ofWashington:

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CH. 245.]