Petition Information | |
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Petition Title | Coake Petition for Rulemaking |
Date Filed | 9/25/2012 [Transmittal Sheet] |
Petitioner | H. Ronald Coake |
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's Plan |
The Board of Agriculture and Consumer Services will consider this request at its next scheduled meeting following the public comment period.
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Comment Period | Began 10/22/2012 Ended 11/11/2012 8 comments |
Virginia Register Announcement |
Submitted on 9/25/2012
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Agency Decision | Take no action |
Response Date | 12/28/2012 |
Decision Publication Date | Published on: 1/28/2013 Volume: 29 Issue: 11 |
Agency Decision Summary | 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.
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Contact Information | |
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Name / Title: | Erin Williams / Policy and Planning Coordinator |
Address: |
Oliver Hill Building 102 Governor Street Richmond, 23219 |
Email Address: | Erin.Williams@vdacs.virginia.gov |
Telephone: | (804)786-1308 FAX: (804)371-7479 TDD: (800)828-1120 |