Heads Up Tennessee - Herbicide Bill

Discussion in 'Organic Lawn Care' started by bdeneke, Feb 22, 2008.

  1. bdeneke

    bdeneke LawnSite Member
    Posts: 6

    This is just to let those in the industry know of a bill that has been introduced in Tennessee (HB2802, SB3351) that seeks to establish a license category for herbicide application. There are a few of problems with this bill:
    1) It states that the *only* authorized herbicide will by Glyphosate. (Thus no other herbicides, organic or otherwise will be authorized for commercial application on lawns.)
    2) It pre-supposes that all herbicides will be liquids and deals only with the kinds of equipment that would spread liquids.
    3) It exempts the same category of licensees that it seeks to license (probably just really bad wording but makes me wonder if the main reason for the bill was to limit authorized heribicides to include only Roundup)
    Unfortunately, the Ag staff at the TN Dept of Agriculture fundamentally mischaracterized and minimized the effect of this bill in their discussions with me and others and clearly do not understand the bill - maybe haven't really read it carefully at all - but their recommendation to the Gov. was to be neutral on the bill. The state wants to make sure that people applying herbicides are licensed and trained and feel that a "teen doing yard work as a summer job should not have to be licensed to spray weedkiller along someones driveway." If you read the bill you will see that this is nonsense.
    This one is under the radar - check it out on the TN legislative website and act if you agree that this is an exceptionally bad bill, which seems to have been drafted by the Monsanto lobby. I don't think the legislators that are sponsoring the bill understand it either and I cannot get them to explain to me what they hope to accomplish with it. There will be discussion and/or action on it in the House Agriculture Committee next Tuesday.
    Thanks for your attention. I'm just a concerned citizen with no real agenda here other than to promote public health and try to protect our environment.
     
  2. ICT Bill

    ICT Bill LawnSite Platinum Member
    Posts: 4,115

    I would call one of these folks and ask them, they have always been very helpful with us. I notice its your first post, lurker? come back and get in the discussion. They are all in Florida right now at the biannual meeting, but should be back in the office Feb 25

    TENNESSEE
    *Dan Danielson Phone: 615-837-5148
    Adminstrator, FAX 615-837-5012
    Ag Inputs, Reg. Svcs. Div.
    Box 40627 - Melrose Station E-Mail: Dan.Danielson@state.tn.us
    TN Dept. of Agriculture Website: http://state.tn.us/agriculture/
    Nashville, TN 37204

    Jace Burch Phone: 615-837-5187
    Supervisor, Pesticide Registration & Operations FAX 615-837-5012
    Ag Inputs, Reg. Svcs. Div.
    Box 40627 - Melrose Station E-Mail: Jace.Burch@state.tn.us
    TN Dept. of Agriculture
    Nashville, TN 37204

    Jimmy Hopper Phone: 615 837-5150
    Director, FAX 615 837-5335
    Regulatory Services
    Box 40627 Melrose Station E-Mail: Jimmy.Hopper@state.tn.us
    TN Dept. of Agriculture
    Nashville, TN 37204
     
  3. Organic a go go

    Organic a go go LawnSite Member
    Posts: 211

    Yikes. Sounds like the Glyphosate lobby made a major contribution to someone's campaign fund.
     
  4. ICT Bill

    ICT Bill LawnSite Platinum Member
    Posts: 4,115

    Like my Pappy use to tell me, believe half of what you see and none of what you hear (or read in this case)

    I would have to read the verbiage before making a comment on that one
     
  5. bdeneke

    bdeneke LawnSite Member
    Posts: 6

    Thanks Bill - I appreciate your suggestions and the contacts you provide although I am not sure what I am supposed to ask them since this is proposed legislation and not a problem with an existing policy or rule, and I have already spoken to their superiors and already have a better understanding of the bill than they have. Since you indicate you would like to read the proposed legislation for yourself and add some other somewhat disparaging comments about believing half of what you read I am providing you a link here: http://www.legislature.state.tn.us/. Just navigate to HB2802 which is where the fiscal note is filed. (I would probably prefer to read things for myself too although I would have taken the initiative to do so before making editorial comments like yours.) If you live in Tennessee, I would appreciate you contacting your State Senator and your Representative (and any / all of the bill sponsors) to let them know your opinion on the matter. I believe that the bill *can* be amended to serve the Ag. Dept interests and still be in the public's best interest but not unless the bill sponsors are willing to take a look at the problems with the bill and understand that the public *wants* to be able to choose organic methods from commercial lawn care companies. If you live in or near Nashville and can attend the Ag. Committee meeting on Tuesday, that would be great too. I am working on expanding public awareness of the situation and a few other things that I think might help. If you don't live in Tennessee, then I wish you well in your own state. Good bye.
     
  6. ICT Bill

    ICT Bill LawnSite Platinum Member
    Posts: 4,115

    Apologies I didn't mean to ruffle any feathers
    I'll look it over, Monsanto and such have very long and strong arms
     
  7. Organic a go go

    Organic a go go LawnSite Member
    Posts: 211

    You know Bill I just might have to check into this "read first" thing. Summary is a below and a bit more nuanced. Basically creates a sub-category for the small time guy.
    Bigger operators would still be free to use whatever they want as apply under the existing license category.

    Present law requires that pest control operators and aerial applicators be licensed through the department of agriculture. This bill establishes a new license category for commercial lawn maintenance herbicide applicators to authorize them to apply herbicides for controlling weeds in conjunction with commercial lawn maintenance practices as spot treatments adjacent to fencing, driveways, parking lots, cemetery markers, and landscape borders and areas in lieu of or in conjunction with mechanical weed trimming or edging.

    Herbicides authorized for use under this bill would be limited to those having the sole active ingredient "Glyphosate." The application equipment allowed is limited to portable, handheld three-gallon compressed air sprayers or backpack sprayers having no more than a five-gallon capacity. Powered application equipment would be limited to no more than a 25 gallon tank with a 12-volt pump limited to a maximum of one gallon per minute and limited to a 3/8 inch discharge hose up to 15 feet in length with a handheld spray.

    To obtain a license pursuant to this bill, a person must be at least 18 years old, pay a $100 license fee, and otherwise meet the requirements applicable to commercial applicators under present law, except that the business charter requirement applicable to commercial pest control operators would not apply to licensees under this bill. Applicants must be insured for damages to persons and property in the following amounts: $10,000 per person and $50,000 per occurrence for bodily injury and $10,000 each occurrence and $50,000 in the aggregate for property damage; or combined single limit coverage of $100,000 in the aggregate.

    This bill specifies that a person does not have to be licensed under the pest control provisions in order to apply an herbicide having the sole active ingredient of "Glyphosate" and the only application equipment used is a five-gallon or less hand-held compressed air sprayer or a five-gallon or less backpack sprayer.
     
  8. ICT Bill

    ICT Bill LawnSite Platinum Member
    Posts: 4,115

    actually what it states is

    "This bill specifies that a person does not have to be licensed under the pest control provisions in order to apply an herbicide having the sole active ingredient of "Glyphosate" and the only application equipment used is a five-gallon or less hand-held compressed air sprayer or a five-gallon or less backpack sprayer. "

    Present law requires that pest control operators and aerial applicators be licensed through the department of agriculture. This bill establishes a new license category for commercial lawn maintenance herbicide applicators to authorize them to apply herbicides for controlling weeds in conjunction with commercial lawn maintenance practices as spot treatments adjacent to fencing, driveways, parking lots, cemetery markers, and landscape borders and areas in lieu of or in conjunction with mechanical weed trimming or edging.

    Herbicides authorized for use under this bill would be limited to those having the sole active ingredient "Glyphosate." The application equipment allowed is limited to portable, handheld three-gallon compressed air sprayers or backpack sprayers having no more than a five-gallon capacity. Powered application equipment would be limited to no more than a 25 gallon tank with a 12-volt pump limited to a maximum of one gallon per minute and limited to a 3/8 inch discharge hose up to 15 feet in length with a handheld spray.


    That is a bit different than what you stated, you said that the only herbicide that could be used was Glyophosate
     
  9. ICT Bill

    ICT Bill LawnSite Platinum Member
    Posts: 4,115

    we posted at the same time
     
  10. corey4671

    corey4671 LawnSite Silver Member
    Posts: 2,931

    :dizzy: ok so now I am utterly confused. UNder this new legislation, what would be required in order to spray freakin roundup on a customers sidewalk. English version please!!
     

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