Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.17-002 - Pesticide Enforcement Response Regulation

Current through Register Vol. 49, No. 6, June, 2024
I.
STATEMENT OF
			 PURPOSE
Pesticides are valuable to Arkansas' agricultural production
				and the protection of man and his possessions from insects, rodents, weeds,
				plant diseases, and other pests. It is essential to the public health and
				welfare that pesticides be used properly to prevent adverse effects on man and
				the environment.
The purpose of the regulation is to provide a fair and
				consistent mechanism by which compliance with the Pesticide Use and Application
				Act, as amended, and the Pesticide Control Act, as amended, and the regulations
				written pursuant thereto can be achieved.
II.
DEFINITIONS
As used in this policy:
A.
Base Fine
: The
			 midpoint of a civil penalty range. [Example: The civil penalty range for
			 refusal to keep proper records (1st level of
			 enforcement) is $100.00 to $500.00. The base fine is $300.00]
B.
Case Development Review
			 Panel
: An internal committee of staff including:
1. The appropriate Division Director, or the
			 appropriate Section Manager,
2. The
			 Agency Asst. Director, and
3. The
			 Agency Director or the director's designee. The Case Development Review Panel
			 will carefully review all case documentation to insure completeness and to
			 insure that the recommended enforcement action is appropriate.
C.
Level of
			 Enforcement
: The category by which a violative incident is
			 considered a first, second, third, or fourth offense.
For a violation to be considered as a second or subsequent
				offense, it must be a repeat of a violation for which a previous enforcement
				action has been taken by the Plant Board. The previous violation/violations
				must have occurred within the past 3 years.
D.
Minor Violation
:
			 A violative incident which does not involve human health, safety, or endanger
			 the environment; or other incidents of non-compliance which do not create a
			 competitive disadvantage for licensees in full compliance.
E.
Major Violation
:
			 A violative incident which affects human health, safety, or the environment; or
			 other incidents of non-compliance which create a competitive advantage over
			 licensees in full compliance; or a history of repetitive violative incidents.
* In no case shall a single application or drift incident by a
				pesticide applicator be considered multiple violations based on the number of
				complaints.
F. Auxin
			 Pesticides: Group 4 herbicides as categorized by the Weed Science Society of
			 America (WSSA).
G. Egregious
			 Violation: Significant off target crop damage occurring as a result of an
			 application of:
1. Dicamba, or
2. An Auxin containing herbicide,
			 or
3. Any new herbicide technology
			 released after August 01, 2017.
H. Off-target: Any area outside the target
			 area (or within or across any buffer zone if regulations require one) where an
			 application, included as part of production practices, was made.
I. Off Target Crop Damage: Any symptomology
			 from an off label application.
J.
			 Damage: The presence of symptomology, commonly associated with exposure to a
			 herbicide, on a plant. For purposes of determining a regulatory response,
			 damage does not indicate any level of economic impact but rather exposure to a
			 chemical that results in expression of a physical change in the exposed plant,
			 including but not limited to necrotic spots, cupping of leaves, epinasty,
			 chlorotic spots or necrotic plants.
K.
Respondent
: A
			 dealer, manufacturer, firm, applicator, or individual charged with a violation
			 of the Pesticide Use and Application Act as amended, the Arkansas Pesticide
			 Control Act, as amended, and the regulations written pursuant
			 thereto.
L. The firm shall be named
			 as the responsible party for a violative incident. Except that for a violative
			 application incident, the enforcement level for an aerial application firm
			 shall be determined by the past record of violations of the pilot making the
			 application. If license suspension is the indicated level of enforcement, the
			 license of the pilot making the application is the license to be suspended.
			 However, in no case shall the pilot making the application be responsible for
			 violative actions for which the firm is responsible.