§ 1101. Definitions
As used in this chapter unless the context clearly requires otherwise:
(1) “Secretary” has the same meaning stated in subdivision 911(4) of this title.
(2) “Cumulative” when used in reference to a substance means that the substance so designated
has been demonstrated to increase twofold or more in concentration if ingested or
absorbed by successive life forms.
(3) “Dealer or pesticide dealer” means any person who regularly sells pesticides in the
course of business, but not including a casual sale.
(4) “Economic poison” has the same meaning stated in subdivision 911(5) of this title.
(5) “Pest” means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial
or aquatic plant or animal life or viruses, bacteria, or other microorganisms that
the Secretary declares as being injurious to health or environment. “Pest” does not
mean any viruses, bacteria, or other microorganisms on or in living humans or other
living animals.
(6) “Pesticide” for the purposes of this chapter is used interchangeably with “economic
poison.”
(7) “Treated article” means a pesticide or class of pesticides exempt under 40 C.F.R. § 152.25(a) from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136-136y.
(8) “Neonicotinoid pesticide” means any economic poison containing a chemical belonging
to the neonicotinoid class of chemicals.
(9) “Neonicotinoid treated article seeds” are treated article seeds that are treated or
coated with a neonicotinoid pesticide.
(10) “Agricultural commodity” means any food in its raw or natural state, including all
fruits or vegetables that are washed, colored, or otherwise treated in their unpeeled
natural form prior to marketing.
(11) “Agricultural emergency” means an occurrence of any pest that presents an imminent
risk of significant harm, injury, or loss to agricultural crops.
(12) “Bloom” means the period from the onset of flowering or inflorescence until petal
fall is complete.
(13) “Crop group” means the groupings of agricultural commodities specified in 40 C.F.R. § 180.41(c) (2023).
(14) “Environmental emergency” means an occurrence of any pest that presents a significant
risk of harm or injury to the environment, or significant harm, injury, or loss to
agricultural crops, including any exotic or foreign pest that may need preventative
quarantine measures to avert or prevent that risk, as determined by the Secretary
of Agriculture, Food and Markets.
(15) “Ornamental plants” mean perennials, annuals, and groundcover purposefully planted
for aesthetic reasons. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1975, No. 39, § 2; 1987, No. 71, § 3; 2003, No. 42, § 2; 2015, No. 99 (Adj. Sess.), § 1; 2021, No. 145 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 182 (Adj. Sess.), § 2, eff. June 17, 2024.)
§ 1103. Regulation by Secretary
(a) General authority. The Secretary shall have responsibility for regulating and controlling the sale, use,
storage, treatment, and disposal of pesticides and pesticide wastes in order to promote
the public health, safety, and welfare and protect agricultural and natural resources.
In the performance of such duties, the Secretary shall act upon the advice of the
Agricultural Innovation Board and subject to the approval of the Governor.
(b) Management program. By January 1, 1993, the Secretary, in conjunction with the committee described in
this section, shall make recommendations to the Vermont General Assembly regarding
a management program for unwanted, obsolete, and waste quantities of pesticides. These
recommendations shall be of a nature that, if implemented, will provide for the proper
management of these pesticides and address all pesticides sold into the State of Vermont.
These recommendations shall include recommendations for funding.
(c) Management program committee. The committee convened by the Secretary to make the recommendations required under
this section shall be composed of at least the following members, appointed by the
Secretary:
(1) a representative from the Agency of Natural Resources;
(2) a representative from a regional planning commission;
(3) a representative from a farmer group;
(4) a representative from an environmental group;
(5) a representative from the manufacturers of pesticides;
(6) a representative from a retail sales association;
(7) a representative from the Department of Health; and
(8) a representative of the general public.
(d) Management program recommendations. Recommendations for the program under this section shall include, at least, recommendations
related to the following:
(1) responsibility of manufacturers of pesticides;
(2) responsibility of retailers and wholesalers;
(3) responsibility of consumers;
(4) responsibility of government;
(5) public education efforts to inform consumers;
(6) efforts to prioritize collection of pesticides;
(7) efforts to divert pesticides from the municipal waste stream;
(8) opportunities to use up pesticides in the possession of consumers;
(9) funding of all program elements;
(10) identification of characteristics of pesticides that should be banned from landfill
disposal; and
(11) date at which pesticides should be banned from landfill disposal. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1981, No. 53, § 1; 1991, No. 210 (Adj. Sess.), § 2; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 49, § 4, eff. Jan. 1, 2022; 2021, No. 105 (Adj. Sess.), § 101, eff. July 1, 2022.)
§ 1104. Powers of Secretary
The Secretary in furtherance of the purposes of this chapter may:
(1) Regulate and license the display, sale, application, use, storage, treatment, and
disposal of economic poisons and their waste products and establish restrictions on
the use, application, storage, treatment, and disposal of economic poisons and their
waste products that are deemed toxic or hazardous to humans, animals, or the natural
environment.
(2) Examine, test, and approve any apparatus or equipment used in dispensing, applying,
storing, treating, or disposing of economic poisons or their waste products. Such
equipment shall be in good working order and free of defective parts, and equipment
used for applying economic poisons shall be capable of dispensing prescribed amounts
of pesticides to the target without undue hazard to the operator or nontarget areas.
(3) Adopt standards, procedures, and requirements relating to the display, sale, use,
application, treatment, storage, or disposal of economic poisons or their waste products
and limit the conditions under which the same may be sold, used, treated, stored,
or disposed of. The use of pesticides that the Secretary finds to have a hazardous
or long-term deleterious effect on the environment shall be restricted, and permits
shall be required for their use in accordance with rules adopted by the Secretary.
Specific uses of certain pesticides deemed to present a likely risk to human health
or be dangerous shall be restricted by rule or by ordering the deletion of certain
uses for registered pesticides from the label on pesticide products to be marketed
in the State. Approved methods for the safe display, storage, and shipping of poisonous
pesticides shall be prescribed and enforced. Procedures for the disposal of pesticides
that are illegal, obsolete, surplus, or in damaged containers shall be adopted and
enforced with the cooperation of the Agency of Natural Resources.
(4) Enter any premises, public or private, as may be necessary to carry out the provisions
of this chapter.
(5) Issue licenses, permits, and certificates pursuant to this chapter.
(6) Require pesticide dealers and applicators to keep records of the sale and use of pesticides
deemed particularly toxic or hazardous by the Agricultural Innovation Board and to
have such records available for examination by the Secretary or his or her agents
at his or her request; the accounting for kinds and amounts of such economic poisons,
to whom sold, and where and when used, and the reporting of incidents resulting from
accidental contamination or misapplication of pesticides that present a hazard to
humans, animals, or the environment, may be required.
(7) [Repealed.]
(8) Revoke or suspend any license or certificate for failure to comply with this chapter
or any rule adopted under its authority, or for being subject to a final order imposing
a civil penalty under 7 U.S.C. § 136l or for being convicted under 7 U.S.C. § 136l on due notice to the licensee or holder of the certificate with an opportunity for
hearing if a written request for hearing is filed with the Secretary within five days
of receipt of notice of a violation.
(9) Make, adopt, revise, and amend reasonable rules as he or she deems necessary with
the advice of the Agricultural Innovation Board in order to carry out the provisions
of this chapter.
(10) Appoint assistants, subject to applicable laws and rules, to perform or assist in
the performance of any duties or functions of the Secretary under this chapter.
(11) Enter into reciprocal agreements with appropriate pesticide control agencies of other
states or the federal government for the acceptance of licensing and certification
of pesticide applicators and operators, provided their standards and administration
are substantially equal to the standards established by the Secretary under the provisions
of this chapter and the rules adopted under this chapter.
(12) Cooperate fully with the federal government or other agency in the operation of any
joint federal-state programs concerning the rule of the application or use of pesticides,
such programs, including the program promulgated under the Federal Insecticide, Fungicide,
and Rodenticide Act, 7 U.S.C. §§ 136–136y.
(13) Institute appropriate proceedings on behalf of the Agency to enforce this chapter
and any rules adopted pursuant to this chapter. Whenever the Secretary believes that
any person is in violation of the provisions of this chapter or rules adopted pursuant
to this chapter, an action may be brought in the name of the Agency in a court of
competent jurisdiction against the person to restrain by temporary or permanent injunction
the continuation or repetition of the violation. The court may issue temporary or
permanent injunctions without bond, and other relief as may be necessary and appropriate
for abatement of any violation.
(14) In any case in which the Secretary has authority to institute an action or proceeding
under this chapter, in lieu thereof he or she may accept an assurance of discontinuance
of any violation of any of the statutes and rules specified in this chapter, including
schedules of abatement for a violation. Any assurance of discontinuance shall be prepared
in writing with the assistance of the Attorney General. The assurance shall be signed
by all parties, and at the discretion of the Secretary, the Attorney General shall
submit the assurance of discontinuance to the Superior Court having jurisdiction over
the subject matter and shall request that the presiding judge sign the document and
issue it as an order of the court. Evidence of a violation of such assurance shall
be prima facie proof of violation of a statute or rule specified in this chapter as
cited in the assurance. Prior to institution of any action or proceeding under this
subdivision, the Secretary whenever he or she believes any person to be or to have
been in violation of any statute or rule specified in this subdivision may issue a
notice of violation setting forth the nature of the violation, the corrective action
necessary to abate the violation, and the notice of intention to institute an action
or proceeding against the person responsible for the violation. In that event, the
Secretary shall provide the person within 30 days of the notice an opportunity to
be heard and an opportunity to settle the matter by an assurance to discontinue prior
to instituting an action or proceeding as provided for in this subdivision.
(15) Require correction of sources of pesticide contamination that threaten human health
or the environment.
(16) Conduct a collection program for obsolete and unwanted pesticides.
(17) Make information reported to the Agency relative to the use of pesticides available
to the public via the internet or in any other way deemed appropriate and may allow
the required reporting of pesticide use data to be submitted electronically. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1975, No. 39, § 3; 1975, No. 220 (Adj. Sess.), § 10; 1981, No. 53, §§ 2, 4; 1987, No. 76, § 18; 1989, No. 257 (Adj. Sess.), § 8; 1991, No. 79, § 5; 1995, No. 125 (Adj. Sess.), § 3; 1999, No. 49, § 116(2); 1999, No. 141 (Adj. Sess.), § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 99 (Adj. Sess.), § 4; 2017, No. 74, § 8; 2017, No. 113 (Adj. Sess.), § 24; 2021, No. 49, § 5, eff. Jan. 1, 2022; 2023, No. 6, § 50, eff. July 1, 2023.)
§ 1105. Use and sale of DDT prohibited
No person shall sell, use, or apply dichloro-diphenyl-trichloro-ethane, sometimes
referred to as DDT, on or after December 31, 1971, except when the Secretary certifies
that an emergency exists that requires its use. When the Secretary finds that an emergency
exists and so certifies, he or she shall prescribe the conditions under which and
the period for which it may be used. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 1105a. Treated articles; powers of Secretary; best management practices
(a) The Secretary of Agriculture, Food and Markets, upon the recommendation of the Agricultural
Innovation Board, may adopt by rule:
(1) best management practices (BMPs), standards, procedures, and requirements relating
to the sale, use, storage, or disposal of treated articles the use of which the Agricultural
Innovation Board has determined will have a hazardous or long-term deleterious effect
on the environment, presents a likely risk to human health, or is dangerous;
(2) requirements for the response to or corrective actions for exigent circumstances or
contamination from a treated article that presents a threat to human health or the
environment;
(3) requirements for the examination or inspection of treated articles the use of which
the Agricultural Innovation Board has determined will have a hazardous or long-term
deleterious effect on the environment, presents a likely risk to human health, or
is dangerous;
(4) requirements for persons selling treated articles to keep or make available to the
Secretary records of sale of treated articles, and what treatments were received,
the use of which the Agricultural Innovation Board has determined will have a hazardous
or long-term deleterious effect on the environment, presents a likely risk to human
health, or is dangerous; or
(5) requirements for reporting of incidents resulting from accidental contamination from
or misuse of treated articles the use of which the Agricultural Innovation Board has
determined will have a hazardous or long-term deleterious effect on the environment,
presents a likely risk to human health, or is dangerous.
(b) At least 30 days prior to prefiling a rule authorized under subsection (a) or subsection
(c) of this section with the Interagency Committee on Administrative Rules under 3 V.S.A. § 837, the Secretary shall submit a copy of the draft rule to the Senate Committee on Agriculture
and the House Committee on Agriculture, Food Resiliency, and Forestry for review.
(c)(1) Under subsection (a) of this section, the Secretary of Agriculture, Food and Markets,
after consultation with the Agricultural Innovation Board, shall adopt by rule BMPs
for the use in the State of:
(A) neonicotinoid treated article seeds when used prior to January 1, 2031;
(B) neonicotinoid treated article seeds when the Secretary issues a written exemption
order pursuant to section 1105b of this chapter authorizing the use of neonicotinoid
treated article seeds;
(C) neonicotinoid pesticides when the Secretary issues a written exemption order pursuant
to section 1105c of this chapter authorizing the use of neonicotinoid pesticides;
and
(D) the agricultural use after July 1, 2025 of neonicotinoid pesticides the use of which
is not otherwise prohibited under law.
(2) In developing the rules with the Agricultural Innovation Board, the Secretary shall
address:
(A) establishment of threshold levels of pest pressure required prior to use of neonicotinoid
treated article seeds or neonicotinoid pesticides;
(B) availability of nontreated article seeds that are not neonicotinoid treated article
seeds;
(C) economic impact from crop loss as compared to crop yield when neonicotinoid treated
article seeds or neonicotinoid pesticides are used;
(D) relative toxicities of different neonicotinoid treated article seeds or neonicotinoid
pesticides and the effects of neonicotinoid treated article seeds or neonicotinoid
pesticides on human health and the environment;
(E) surveillance and monitoring techniques for in-field pest pressure;
(F) ways to reduce pest harborage from conservation tillage practices; and
(G) criteria for a system of approval of neonicotinoid treated article seeds or neonicotinoid
pesticides.
(3) In implementing the rules required under this subsection, the Secretary of Agriculture,
Food and Markets shall work with farmers, seed companies, and other relevant parties
to ensure that farmers have access to appropriate varieties and amounts of untreated
seed or treated seed that are not neonicotinoid treated article seeds. (Added 2015, No. 99 (Adj. Sess.), § 3; amended 2017, No. 74, § 9; 2021, No. 49, § 6, eff. Jan. 1, 2022; 2021, No. 145 (Adj. Sess.), § 2, eff. July 1, 2022; 2023, No. 182 (Adj. Sess.), § 6, eff. June 17, 2024.)
§ 1105b. Use and sale of neonicotinoid treated article seeds [Contingently effective January
1, 2029]
(a) No person shall sell, offer for sale or use, distribute, or use any neonicotinoid
treated article seed for soybeans or for any crop in the cereal grains crop group
(crop groups 15, 15-22, 16, and 16-22).
(b) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary
of Natural Resources, may issue a written exemption order to suspend the provisions
of subsection (a) of this section, only if the following conditions are met:
(1) the person seeking the exemption order shall complete an integrated pest management
training, provided by the Secretary or an approved third party;
(2) the person seeking the exemption order shall complete a pest risk assessment and submit
a pest risk assessment report to the Secretary;
(3) any seeds authorized for use under the exemption order shall be planted only on the
property or properties identified in the pest risk assessment report; and
(4) the persons seeking the exemption order shall maintain current records of the pest
risk assessment report and records of when treated seeds are planted, both of which
shall be subject to review upon request by the Secretary.
(c) A written exemption order issued under subsection (b) of this section shall:
(1) not be valid for more than one year; and
(2) specify the types of neonicotinoid treated article seeds to which the exemption order
applies, the date on which the exemption order takes effect, and the exemption order’s
duration.
(d) A written exemption order issued under subsection (b) of this section may:
(1) establish restrictions related to the use of neonicotinoid treated article seeds to
which the exemption order applies to minimize harm to pollinator populations, bird
populations, ecosystem health, and public health; and
(2) establish other restrictions related to the use of neonicotinoid treated article seeds
to which the exemption order applies that the Secretary of Agriculture, Food and Markets
considers necessary.
(e) Upon issuing a written exemption order under subsection (b) of this section, the Secretary
of Agriculture, Food and Markets shall submit a copy of the exemption order to the
Senate Committees on Natural Resources and Energy and on Agriculture; the House Committees
on Environment and on Agriculture, Food Resiliency, and Forestry; and the Agricultural
Innovation Board. The General Assembly shall post the written exemption order to the
website of the General Assembly.
(f) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary
of Natural Resources, may rescind a written exemption order issued under subsection
(b) of this section at any time. Such rescission shall come into effect not sooner
than 30 days after its issuance and shall not apply to neonicotinoid treated article
seeds planted or sown before such recission comes into effect. (Added 2023, No. 182 (Adj. Sess.), § 3, contingently eff. January 1, 2029.)
§ 1105c. Neonicotinoid pesticides; prohibited uses
(a) The following uses of neonicotinoid pesticides are prohibited:
(1) the outdoor application of neonicotinoid pesticides to any crop during bloom;
(2) the outdoor application of neonicotinoid pesticides to soybeans or any crop in the
cereal grains crop group (crop groups 15, 15-22, 16, and 16-22);
(3) the outdoor application of neonicotinoid pesticides to crops in the leafy vegetables;
brassica; bulb vegetables; herbs and spices; and stalk, stem, and leaf petiole vegetables
crop groups (crop groups 3, 3-07, 4, 4-16, 5, 5-16, 19, 22, 25, and 26) harvested
after bloom; and
(4) the application of neonicotinoid pesticides to ornamental plants.
(b) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary
of Natural Resources, may issue a written exemption order to suspend the provisions
of subsection (a) of this section if the Secretary determines that:
(1) a valid environmental emergency or agricultural emergency exists;
(2) the pesticide would be effective in addressing the environmental emergency or the
agricultural emergency; and
(3) no other, less harmful pesticide or pest management practice would be effective in
addressing the environmental emergency or the agricultural emergency.
(c) A written exemption order issued under subsection (b) of this section shall:
(1) not be valid for more than one year;
(2) specify the neonicotinoid pesticides, uses, and crops, or plants to which the exemption
order applies; the date on which the exemption order takes effect; the exemption order’s
duration; and the exemption order’s geographic scope, which may include specific farms,
fields, or properties; and
(3) provide a detailed evaluation determining that an agricultural emergency or an environmental
emergency exists.
(d) A written exemption order issued under subsection (b) of this section may:
(1) establish restrictions related to the use of neonicotinoid pesticides to which the
exemption order applies to minimize harm to pollinator populations, bird populations,
ecosystem health, and public health; or
(2) establish other restrictions related to the use of neonicotinoid pesticides to which
the exemption order applies that the Secretary of Agriculture, Food and Markets considers
necessary.
(e) Upon issuing a written exemption order under subsection (b) of this section, the Secretary
of Agriculture, Food and Markets shall submit a copy of the exemption order to the
Senate Committees on Natural Resources and Energy and on Agriculture; the House Committees
on Environment and on Agriculture, Food Resiliency, and Forestry; and the Agricultural
Innovation Board. The General Assembly shall post the written exemption order to the
website of the General Assembly.
(f) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary
of Natural Resources, may rescind any written exemption order issued under subsection
(b) of this section at any time. Such rescission shall come into effect not sooner
than 15 days after its issuance. (Added 2023, No. 182 (Adj. Sess.), § 4, eff. July 1, 2025.)
§ 1106. Financial responsibility
The Secretary may require from a licensee or an applicant for a license under this
chapter evidence of his or her financial ability to properly indemnify persons suffering
damage from the use or application of economic poison, in the form of a surety bond,
liability insurance, or cash deposit of at least $1,000,000.00, but this section shall
neither restrict nor enlarge the liability of any person under applicable laws. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 2003, No. 42, § 2, eff. May 27, 2003; 2013, No. 159 (Adj. Sess.), § 4.)
§ 1107. Penalty
Any person who violates any provision of this chapter, the rules adopted under this
chapter, or the terms or conditions of any permit, license, or certificate issued
by the Secretary, shall be subject to a fine not to exceed $25,000.00 or imprisonment
for not more than six months, or both. Each violation shall be a separate and distinct
offense, and in the case of a continuing violation, the fine for each day’s continuance
of the violation shall be increased by 10 percent over the amount accrued during the
previous day, starting from the day the violator is served with notice of the violation.
The service shall be by hand or by certified mail, return receipt requested. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1981, No. 53, § 3; 1987, No. 71, § 6; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 102, eff. July 1, 2022.)
§ 1108. Construction with other laws
The provisions of 3 V.S.A. chapter 25 shall apply to adoption of rules, notices, hearings,
and other proceedings under this chapter unless inconsistent with its provisions.
The powers granted to the Secretary under this chapter shall not limit, restrict,
or suspend any similar powers the Secretary may have under other provisions of law
and shall not limit or restrict any powers specifically granted to any other State
agency. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1991, No. 210 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.)
§ 1109. Licensing retail dealers
The Secretary may adopt rules requiring persons selling Class C pesticides at retail
to be licensed under this chapter and may establish reasonable requirements for obtaining
licenses. The license fee for a retail dealer shall be $25.00 for one year or any
part thereof for each store or place of business operated by the retail dealer. The
license period shall be January 1 to December 31. (Added 1971, No. 177 (Adj. Sess.), § 5, eff. Jan. 1, 1973; amended 1989, No. 257 (Adj. Sess.), § 9; 2001, No. 143 (Adj. Sess.), § 37; 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 149 (Adj. Sess.), § 12; 2017, No. 74, § 10.)
§ 1110. Pesticide monitoring
The Secretary shall develop and implement a plan to monitor the use of pesticides
registered in Vermont. The program shall include the cataloguing of available data
and research conducted on the environmental and public health aspects of pesticides
into a central information repository in order to facilitate public access to the
accumulated information. The program shall be funded directly by a portion of the
registration fee provided for in 6 V.S.A. § 918(b). (Added 1985, No. 72, § 4; amended 2003, No. 42, § 2, eff. May 27, 2003.)
§ 1111. Administrative penalties
(a) The Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation
for private applicators or certified private applicators or $5,000.00 per violation
for certified noncommercial applicators, certified commercial applicators, licensed
dealers, licensed companies, or permit holders, in any case in which he or she determines
that an applicator, dealer, licensed company, or permit holder has done any of the
following acts in violation of this chapter or of the rules adopted under this chapter:
(1) sold pesticides without first obtaining the appropriate pesticide dealer license;
(2) used pesticides without first obtaining the appropriate company license or applicator
certificate;
(3) used a pesticide inconsistent with its labeling or in violation of the rules for the
control of pesticides;
(4) failed to complete and submit a commercial applicator, company license, or pesticide
dealer report;
(5) violated a cease and desist order;
(6) improperly disposed of pesticide products, dilutions, or rinsates; or
(7) violated the terms or conditions of a permit issued pursuant to this chapter or pursuant
to the rules adopted pursuant to this chapter.
(b) In determining the amount of the penalty assessed under this section, the Secretary
may give consideration to the appropriateness of the penalty with respect to the size
of the business being assessed, the gravity of the violation, the good faith of the
person, and the overall history of prior violations.
(c) The Secretary shall use the following procedure in assessing penalties:
(1) The Secretary shall issue a written notice of violation setting forth facts that would
establish probable cause that a violation has occurred.
(2) The notice shall be served by personal service or by certified mail, return receipt
requested.
(3) The notice shall advise the person of the right to a hearing. If a hearing is requested,
it shall be conducted pursuant to 3 V.S.A. chapter 25.
(4) The notice shall also state the proposed penalty and that if no hearing is requested,
the decision shall become final and the penalty shall be imposed.
(5) The recipient of the notice shall have 15 days from the date on which notice is received
to request a hearing.
(d) Any party aggrieved by a final decision of the Secretary may appeal to a Superior
Court within 30 days of the final decision of the Secretary. The Secretary may enforce
a final administrative penalty by filing a civil collection action in any District
or Superior Court.
(e) The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend any license,
certificate, or permit issued pursuant to this chapter for failure to pay a penalty
under this section when that person has failed to pay the penalty within 60 days after
the penalty becomes final. (Added 1987, No. 71, § 5; amended 1999, No. 49, § 118; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 74, § 11; 2023, No. 6, § 51, eff. July 1, 2023.)
§ 1112. Licensing pesticide applicators; pesticide companies; dealers
(a) The Secretary may adopt rules requiring persons selling Class A and B pesticides to
be licensed under this chapter. In addition, the Secretary may adopt rules requiring
companies that hire applicators or conduct pesticide applications to be licensed and
applicators who use pesticides to be certified under this chapter. The Secretary may
establish reasonable requirements for obtaining licenses and certificates. The fees
for dealers, licensed companies, and applicator certificates under this chapter shall
be as follows:
(1) Class A Dealer License—$50.00;
(2) Class B Dealer License—$50.00;
(3) Pesticide Company License—$75.00;
(4) Commercial and Noncommercial Applicator Certification fee— $30.00 per category or
subcategory with a maximum of $120.00;
(5) second and third time examination fee for dealer licenses and applicator certification—$25.00;
(6) Private Applicator—$25.00; and
(7) State Government, Municipal, and Public Education Institution Applicators—$30.00.
(b) All license and certification fees shall be for one year or any part thereof for each
dealer, licensed pesticide applicator company, or certified commercial and noncommercial
applicator. The license and certification period shall be January 1 to December 31.
(c) Notwithstanding the fees provided in subsection (a) of this section, the Secretary
shall exempt the federal government and its agencies and instrumentalities from license
and certification fees.
(d) The Secretary may charge a fee of up to $75.00 to applicants who prefer to utilize
an electronic or alternate testing service for their pesticide certification or licensing
examinations. The Secretary may contract with a vendor to administer examinations.
The Secretary shall continue to administer in-person examinations that do not include
any additional fee for an electronic or alternate testing service. (Added 1999, No. 49, § 119; amended 2001, No. 143 (Adj. Sess.), § 38, eff. June 21, 2002; 2003, No. 42, § 2; 2009, No. 134 (Adj. Sess.), § 12; 2015, No. 149 (Adj. Sess.), § 13; 2023, No. 160 (Adj. Sess.), § 4, eff. July 1, 2024.)
§ 1113. Accessory on-farm businesses; pesticides; posting
When an agricultural pesticide is applied on a farm in an area in which an accessory
on-farm business operates or conducts activity, the accessory on-farm business shall
post the same warning signs that would be posted for agricultural workers under the
rules of the U.S. Environmental Protection Agency adopted pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. chapter 6, subchapter II (environmental
pest control). The manner and duration of posting shall be the same as under those
rules. As used in this section:
(1) “Accessory on-farm business” and “farm” shall have the same meaning as in 24 V.S.A. § 4412(11).
(2) “Agricultural pesticide” means any pesticide labeled for use in or on a farm, forest,
nursery, or greenhouse. (Added 2017, No. 143 (Adj. Sess.), § 3.)