TITLE 18. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Agency Decision
Title of Regulation: 2VAC5-670. Rules and Regulations for Enforcement of the Virginia Pesticide Law.
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Name of Petitioner: H. Ronald Coake.
Nature of Petitioner's Request: The petitioner is requesting that the Board of Agriculture and Consumer Services amend the regulation to prohibit a person from applying, dispensing, or using any pesticide or herbicide on property without written permission from the property owner and without notification of the application that includes the material safety data sheet.
Agency Decision: Request denied.
Statement of Reason for Decision: The Board of Agriculture and Consumer Services denied the petitioner's request for rulemaking for the following reasons:
1. The requirements that anyone intending to apply pesticides obtain written permission from the property owner in advance of the application and provide the property owner with the Material Data Safety Sheet for the pesticide product(s) being applied would be excessively burdensome to implement and impractical to enforce on the part of the agency, exceedingly expensive to comply on the part of the regulated community, and it would unnecessarily delay and reduce the effectiveness of pesticides, particularly in the case of time-sensitive applications.
2. The investigation of complaints regarding violations of the proposed written permission requirement would be extremely onerous and would divert existing staff and limited resources away from essential inspections and investigations.
Agency Contact: Erin Williams, Policy and Planning Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-1308, or email erin.williams@vdacs.virginia.gov.
VA.R. Doc. No. R13-06, Filed December 28, 2012, 3:06 p.m
Agency Decision
Title of Regulation: 2VAC5-680. Regulations Governing Licensing of Pesticide Businesses Operating Under Authority of the Virginia Pesticide Control Act.
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Name of Petitioner: H. Ronald Coake.
Nature of Petitioner's Request: The petitioner is requesting that the Board of Agriculture and Consumer Services amend the regulation to require the revocation of the business license of any person who applies any pesticide or herbicide on property without written permission from the property owner and without notification to the property owner that includes the material safety data sheet. The petitioner is also requesting that the Board of Agriculture and Consumer Services amend the regulation to include provisions regarding the restoration of property and environmental cleanup.
Agency Decision: Request denied.
Statement of Reason for Decision: The Board of Agriculture and Consumer Services denied the petitioner's request for rulemaking for the following reasons:
1. The revocation of the license of anyone who fails to obtain written permission from the property owner in advance of a pesticide application or fails to provide the property owner with the Material Data Safety Sheet for the pesticide product(s) being applied would constitute an exceedingly severe penalty for the violation of the proposed requirements which the agency believes to be excessively burdensome and impractical to implement or comply.
2. Enforcing a written permission requirement would be extremely onerous on the agency and would divert existing staff and limited resources away from essential inspections and investigations.
3. The Pesticide Control Act is not the proper mechanism to mandate the environmental remediation or restitution sought in the petition, as other legal means exist to pursue such remedies.
Agency Contact: Erin Williams, Policy and Planning Coordinator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-1308, or email erin.williams@vdacs.virginia.gov.
VA.R. Doc. No. R13-05, Filed December 28, 2012, 3:07 p.m.