§ 1081. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.
§ 1082. Mosquito and biting arthropod control by Agency
The Secretary of Agriculture, Food and Markets shall, when funds are available, consider
and study mosquito and other biting arthropod control problems; coordinate plans for
mosquito and other biting arthropod control work that may be projected by groups,
organizations, towns, or towns initiating joint compacts as provided under 24 V.S.A.
chapter 121; and arrange, so far as possible, cooperation among State departments
and with federal government agencies in the mosquito and other biting arthropod control
operations within the State. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 1083. Duties of Secretary of Agriculture, Food and Markets; authority of landowners to use
mosquito controls
(a) The Secretary of Agriculture, Food and Markets may personally or through the Secretary’s
duly authorized agents:
(1) Survey swamps or other sections within the State suspected of being mosquito or other
biting arthropod breeding areas.
(2) Map each section so surveyed, indicate all mosquito or other biting arthropod breeding
places and determine methods best adapted for mosquito or other biting arthropod abatement
in the areas by drainage, habitat modification, or other means.
(3) Investigate the mosquito or other biting arthropod life history and habits and determine
the species present within the areas, and make any other studies the Secretary deems
necessary to provide useful information in mosquito or other biting arthropod abatement.
(4) Make the results of the Secretary’s surveys, investigations, and studies available
to the Department of Health or relevant select board members, or mayors and shall
do so also upon request, shall make those results available to any organizations or
individuals interested in mosquito or other biting arthropod surveillance work.
(5) Issue or deny permits to any person for the use of larvicides or pupacides for mosquito
control in the waters of the State pursuant to procedures adopted under 3 V.S.A. chapter
25. Such procedures shall include provisions regarding an opportunity for public review
and comment on permit applications. Persons applying for a permit shall apply on a
form provided by the Agency. Before issuing a permit under this subsection, the Secretary
shall find, after consultation with the Secretary of the Agency of Natural Resources,
that there is acceptable risk to the nontarget environment and that there is negligible
risk to public health.
(6) Notwithstanding the provisions of subdivision (5) of this subsection, when the Commissioner
of Health has determined that available information suggests that an imminent risk
to public health exists as a result of a potential outbreak of West Nile Virus or
other serious illness for which mosquitoes are vectors, the Secretary of Agriculture,
Food and Markets may issue permits for the use of larvicides or pupacides for mosquito
control without prior public notice or comment.
(b) Notwithstanding any provisions of law to the contrary, a landowner may use a properly
registered mosquito control pesticide for mosquito control on the landowner’s land
without obtaining a permit, provided that the Secretary designates it as an acceptable
control product for this purpose and the landowner complies with all requirements
on the label of the product. (Amended 2001, No. 61, § 52, eff. June 16, 2001; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 49, § 3, eff. Jan. 1, 2022; 2021, No. 105 (Adj. Sess.), § 100, eff. July 1, 2022; 2023, No. 53, § 10, eff. June 8, 2023; 2023, No. 141 (Adj. Sess.), § 12, eff. July 1, 2024.)
§ 1084. Employees; equipment; entry on lands
The Secretary may employ one or more trained persons to carry out provisions of section 1083 of this title and procure such equipment as is necessary. The Secretary or duly authorized agents
of the Secretary may enter upon any lands in the State making the aforementioned surveys,
investigations, and studies. (Amended 1959, No. 329 (Adj. Sess.), § 14, eff. March 1, 1961; 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 141 (Adj. Sess.), § 13, eff. July 1, 2024.)
§ 1085. Mosquito Control Grant Program
(a) A Mosquito Control District formed pursuant to 24 V.S.A. chapter 121 may apply, in a manner prescribed by the Secretary, in writing to the Secretary of
Agriculture, Food and Markets for a State assistance grant for mosquito control activities.
(b) After submission of an application under subsection (a) of this section, the Secretary
of Agriculture, Food and Markets may award a grant of 75 percent or less of the project
costs for the purchase and application of larvicide and the costs associated with
required larval survey activities within a Mosquito Control District. The Mosquito
Control District may provide 25 percent of the project costs through in-kind larvicide
services or the purchase of capital equipment used for larval management activities.
At the Secretary’s discretion, costs associated with capital equipment that may be
required for larval management programs within a Mosquito Control District may be
eligible for grant awards up to 75 percent of the total equipment costs.
(c) The Secretary of Agriculture, Food and Markets shall make awards under this section
to priority projects to the extent funds are available. In establishing priorities
for individual projects, the Agency shall consider the following:
(1) the history of mosquito breeding in the Mosquito Control District based on epizootic
mosquito population;
(2) the history of mosquito populations in the Mosquito Control District in relation to
mosquito breeding areas; and
(3) a recommendation by the Agency of Agriculture, Food and Markets or a local survey
approved by the Agency of Agriculture, Food and Markets regarding local mosquito breeding
habitat or adult mosquito populations within the Mosquito Control District.
(d) Prior to an award of a grant under this section, a Mosquito Control District shall
provide the Secretary of Agriculture, Food and Markets with proof of financial insurance
for mosquito control activities and shall submit a notice of intent to apply for a
permit issued under section 1083 of this title.
(e) Larvicide application funded in part under this section shall occur only after the
Secretary of Agriculture, Food and Markets approves treatment as warranted within
a Mosquito Control District. The approval of the Secretary shall be based upon a biological
assessment of mosquito larvae and pupae populations by a person trained and approved
by the Agency of Agriculture, Food and Markets.
(f) The Secretary of Agriculture, Food and Markets may use State funds appropriated for
mosquito control assistance under this section for mosquito control projects or studies
that are in the best interests of the State when an appropriate Mosquito Control District
is not available or not eligible to receive a grant.
(g) The Secretary may adopt rules to carry out the provisions of this section. (Added 2007, No. 34, § 1, eff. May 18, 2007; amended 2013, No. 83, § 9, eff. June 10, 2013; 2013, No. 159 (Adj. Sess.), § 3; 2021, No. 174 (Adj. Sess.), § 7, eff. July 1, 2022; 2023, No. 141 (Adj. Sess.), § 14, eff. July 1, 2024.)