Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.19-022 - Pesticide Enforcement Response Rules

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 puipose 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 rules
				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.
X 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
: For violations occurring prior to July 24, 2020, a
			 violation that causes 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.
For violations occurring on or after July 24,2020, a violation
				where application of one (1) of the following herbicides is used intentionally
				in violation of the federal label requirements or a state law or rule regarding
				its application:
1. Dicamba;
			 or
2. An auxin-containing
			 herbicide; or
3. A new herbicide
			 technology released after August 1, 2017.
H.
Off-target:
Any
			 area outside the target area (or within or across any buffer zone if rules
			 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 rules
			 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.