7/30/2010 5:08 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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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 |
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 |
Take no action
Agency Response Date | 07/15/2010 |
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.