7/30/2010 5:08 pm
Date / Time filed with the Register of Regulations 		VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Pesticide Control Board
Regulatory Coordinator: Roy E. Seward, Jr.

(804)786-3535

roy.seward@vdacs.virginia.gov
Agency Contact: Liza Fleeson

Program Manager, Office of Pesticide Services

(804)371-6559

Liza.Fleeson@vdacs.virginia.gov
Contact Address: Department of Agriculture and Consumer Services

Oliver W. Hill, Sr. Building

102 Governor Street

Richmond, VA 23219
Chapter Affected:
2 vac 20 - 51: Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act
Statutory Authority: State: Section 3.2-3906 of the Code of Virginia

Federal:
Date Petition Received 03/05/2010
Petitioner Matt Crabbe, Crabbe Aviation LLC
 Petitioner's Request
Requesting that the Virginia Pesticide Control Board prescribe additional experience requirements for certified commercial aerial applicators who are seeking to own and operate a commercial aerial pesticide application business. The petitioner proposes that the applicator have at least two years of experience in the field and a minimum of 300 hours performing actual aerial application.
 Agency Plan
The Pesticide Control Board will consider this request at its July 15, 2010 quarterly meeting.
Publication Date 04/12/2010  (comment period will also begin on this date)
Comment End Date 05/03/2010
 Agency Decision
Take no action
Agency Response Date 07/15/2010
 Agency Decision Text
At its July 15, 2010 quarterly meeting the Pesticide Control Board denied this request. Reasons for the decision included the Board's concern that this action would have a disparate impact on commercial aerial applicators who sought to operate a business vs. non-certified persons who could own and operate such a business while hiring quailfied aerial applicators. The Board also determined there did not appear to be a consensus among other state pesticide licensing agencies on this issue so that setting specific experience standards for aerial applicators ought to be determined by the Federal Aviation Agency and the Virginia Department of Aviation.