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.