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Searching 2021-2022 Session

The Vermont Statutes Online


Title 6 : Agriculture


(Cite as: 6 V.S.A. § 1102)
  •  [Section 1102 repealed effective January 1, 2022.]

    § 1102. Pesticide Advisory Council established

    (a) The Pesticide Advisory Council is established and attached to the Agency of Agriculture, Food and Markets. Members of the Council, except those public members appointed by the Governor, shall be qualified individuals who, by experience and training, are knowledgeable in one or more areas associated with pest control. The Secretary, or Commissioner as the case may be, shall represent each Department or Agency on the Council:

    (1) The Department of Fish and Wildlife.

    (2) The Department of Environmental Conservation.

    (3) The Agency of Agriculture, Food and Markets.

    (4) The Department of Forests, Parks and Recreation.

    (5) The Department of Health.

    (6) The Agency of Transportation.

    (7) One physician from the College of Medicine of the University of Vermont nominated by its dean.

    (8) One representative in the area of entomology, plant pathology, or weed control from the University of Vermont Extension to be named by the Director.

    (9) One representative in the area of pesticide research from the Vermont Agricultural Experiment Station named by the Dean of the College of Agriculture and Life Sciences of the University of Vermont.

    (10) Two members appointed by the Governor. In choosing these members, the Governor shall consider people who have knowledge and qualities that could be useful in pursuing the goals and functions of the Council. One of these members shall have practical experience in commercial agricultural production and shall be appointed in consultation with the Secretary.

    (b) Each State or university member of the Council shall serve until his or her resignation or until his or her successor is appointed or otherwise designated in accordance with this chapter. Public members of the Pesticide Advisory Council shall be appointed for terms of three years, except initially, appointments shall be made such that one member shall serve for a term of one year and one for a term of two years.

    (c) The Chair of the Council shall be designated by the Governor and serve as his or her personal representative and shall coordinate activities on the Council.

    (d) The functions of the Council are:

    (1) To review insect, plant disease, weed, nematode, rodent, noxious wildlife, and other pest control programs within the State and to assess the effect of such programs on human health and comfort, natural resources, water, wildlife, and food and fiber production and, where necessary, make recommendations for greater safety and efficiency.

    (2) To serve as the advisory group to State agencies having responsibilities for the use of pesticides as well as to other State agencies and departments.

    (3) To advise the Executive Branch of State government with respect to legislation concerning the use of various pest control measures.

    (4) To suggest programs, policies, and legislation for wise and effective pesticide use that lead to an overall reduction in the use of pesticides in Vermont consistent with sound pest or vegetative management practices.

    (5) To recommend studies necessary for the performance of its functions as established under this section.

    (6) To recommend targets with respect to the State goal of achieving an overall reduction in the use of pesticides consistent with sound pest or vegetative management practices and to measure the State's progress in reaching those targets and attaining that goal. The targets should be designed to enable evaluation of multiple measures of pesticide usage, use patterns, and associated risks. Targets should take into consideration at a minimum the following:

    (A) reducing the amount of acreage where pesticides are used;

    (B) reducing the risks associated with the use of pesticides;

    (C) increasing the acreage managed by means of integrated pest management techniques;

    (D) decreasing, within each level of comparable risk, the quantity of pesticides applied per acre; and

    (E) making recommendations regarding the implementation of other management practices that result in decreased pesticide use.

    (7) To recommend to the Secretary policies, proposed rules, or legislation for the regulation of the use of a treated article when the Council determines that use of the treated article will have a hazardous or long-term deleterious effect on the environment in Vermont, presents a likely risk to human health, or is dangerous. In developing recommendations under this subdivision, the Council shall review:

    (A) alternatives available to a user of a treated article; and

    (B) the potential effects on the environment or risks to human health from use of the available alternatives to a treated article.

    (e) The Council shall meet semiannually, once in the fall and once in the spring. Meetings at other times may be called by the Governor, by the Chair, or by a member of the Council. Attendance at Council meetings shall not be required of the commissioners of departments within the Agency of Natural Resources or their designees; however, at least one of these commissioners or the commissioner's designee shall attend each meeting of the Council. The Council's proceedings shall be open to the public and its deliberations shall be recorded and made available to the public, along with its work product. (Added 1969, No. 273 (Adj. Sess.), § 2, eff. April 9, 1970; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 71, § 4; 1987, No. 76, § 18; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 79, § 4; 1995, No. 189 (Adj. Sess.), § 1; 1999, No. 141 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 33, § 12; 2015, No. 11, § 5; 2015, No. 99 (Adj. Sess.), § 2; 2019, No. 61, § 14; repealed on January 1, 2022 by 2021, No. 49, § 2.)