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SB 5330

Concerning the Washington pesticide application act.

2023-2024 Regular Session Introduced by Patty Kuderer and 6 co-sponsors

WSDA can suspend or revoke pesticide licenses based on out-of-state credentials if the original was terminated for FIFRA violations, tightening cross-state enforcement.

Effective date 7/23/2023.
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Bill Summary · SB 5330

Summary — SB 5330 (68th Leg., 2023) — Washington Pesticide Application Act (chaptered as Ch. 186, Laws of 2023; effective July 23, 2023)

Status: Enacted and effective July 23, 2023.
Primary sponsor: Senators Torres, Muzzall, Shewmake, Van De Wege, Warnick, Kuderer and Lovick; by request of the Washington State Department of Agriculture (WSDA).

Purpose / intent

To update the Washington Pesticide Application Act to (1) align state rules with federal (EPA/FIFRA) requirements regarding restricted‑use pesticide supervision and reciprocal enforcement, (2) standardize minimum applicant age for pesticide licenses, and (3) clarify certain statutory definitions used in the act.

Key provisions

  • Reciprocal enforcement:

    • Authorizes the WSDA Director to suspend or revoke a Washington pesticide license or certification that was originally granted based in whole or in part on a license/certification from another jurisdiction, when WSDA is notified that the person's original certification was terminated because the applicator was convicted under FIFRA §14(b) (criminal) or was subject to a final order imposing a FIFRA §14(a) civil penalty.
    • Provides WSDA explicit authority to act on notifications from other jurisdictions.

  • Minimum age change:

    • Removes the exception allowing applicants for private applicator, limited private applicator, and rancher private applicator licenses to apply at age 16.
    • Result: all pesticide license and certification applicants must be at least 18 years old on the application date.

  • Supervision standards for noncertified applicators:

    • Requires WSDA to adopt by rule standards for restricted‑use pesticide applications made by noncertified applicators when working under the direct supervision of a certified applicator.
    • The rules must be at least as protective/effective as federal standards and must set requirements for both the noncertified applicator and the supervising certified applicator.
    • (This implements the EPA option to permit supervised use by noncertified applicators under specified criteria, rather than banning such uses.)

  • Definitions and apparatus:

    • Revises the statutory definition of “apparatus” to clarify it covers motorized/mechanized or pressurized ground, water or aerial equipment that is mounted/attached to or carried by vehicles, trailers, aircraft, vessels, or ATVs used for transportation; explicitly excludes handheld devices and devices placed for sedentary timed/metered application.
    • Adds or clarifies definitions for terms including mishap, noncertified applicator, use, and use‑specific instruction.

Who is affected

  • Pesticide applicators and operators (commercial, public, private, limited, rancher), pest control businesses, and those who obtain licensure by reciprocity from other states.
  • Agricultural employers and workers who rely on younger workers previously eligible at age 16 for certain private applicator categories — such applicants now must be 18.
  • WSDA — required to adopt implementing rules for supervised restricted‑use pesticide applications and to act on reciprocal enforcement notices.

Procedural / fiscal notes

  • No appropriation included in the bill. A fiscal note was prepared and is available.
  • Legislative history: introduced in the 2023 session; passed both chambers unanimously (Senate 49–0; House 97–0); delivered to Governor Apr 18, 2023; signed Apr 25, 2023; effective 90 days after adjournment (effective July 23, 2023).
  • Implementation detail: WSDA must promulgate rules to implement supervision standards (rulemaking timeline not specified in statute).

Practical implications

  • Strengthens cross‑jurisdictional enforcement for serious FIFRA violations, allowing Washington to remove licenses that were based on now‑terminated out‑of‑state credentials.
  • Aligns state minimum age with federal standards, possibly restricting some youth participation in certain pesticide applications.
  • Creates a rulemaking requirement that will define how noncertified applicators may lawfully apply restricted‑use pesticides under supervision — affecting training, supervision practices, and employer protocols.
  • Clarifies equipment scope (apparatus) to reduce regulatory ambiguity about what constitutes regulated application equipment.

Compiled from official sources — confirm details with the bill’s official record.

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