I.
Section 912
This act shall be administered by the Division of
Plant Pest Control of the Vermont Department of Agriculture.
II. Section 913
For purposes of this act the following are declared
to be pests:
1. All insects
and other arthropods generally recognized by entomologists as
adversely affecting cultivated crops, trees, shrubs, also forest,
woodland and shade trees and other vegetation, also those adversely
affecting man, domestic animals, household goods or stored products.
This classification shall under no condition apply to the honey
bee.
2. All nematodes
generally recognized by plant pathologists and entomologists as
adversely affecting cultivated crops, trees, shrubs, also forest,
woodland and shade trees and other vegetation.
3. All plant diseases caused by
fungi, bacteria or virus known to affect adversely the growth and
health of cultivated crops, trees, shrubs, also forest, woodland and
shade trees.
4. All
plants coming under the head of "weeds" as defined in Section 911(19)
of the above-named act which states that "the term 'weed' means any
plant which grows where not wanted."
5. The following forms of animal
life are declared to be pests when existing under circumstances that
make them injurious to plants, man, domestic animals, other useful
vertebrates, useful invertebrates or other articles or substances:
Mamals, including but not limited to dogs, cats,
moles, bats, deer, woodchucks, raccoons, porcupines, rats, and
mice;
Birds, including but not limited to grackles,
starlings, pigeons, English sparrows, crows, and blackbirds;
Fish, such as are declared undesirable by Fish and
Game authorities;
Aquatic and terrestrial invertebrates, including but
not limited to slugs, snails, and leeches.
III. Sections 913(2) and
(3), 916 and 917
In the matter of determining which poisons are:
highly toxic to man; coloring of such materials; restriction of sales
of materials determined by the Commissioner to be highly toxic to man
including but not limited to thallium sulphate, sodium fluoroacetate
(1080), arsenic trioxide, sodium arsenite and phosphorus paste
products; devices; and uses, the requirements which shall be adopted
by the Federal Government for administration of the Federal
Insecticide Fungicide and Rodenticide Act passed in 1947, as amended,
shall apply to the administration of the above-named act as provided
under Section 916 - "Cooperation with State and Federal Agencies" and
Section 917 - "Uniformity between State and Federal
Regulations."
IV.
Section 915
Whenever it is deemed essential to proper
administration of this Act, duly accredited agents of the
Commissioner may obtain samples of pesticides by purchase from
dealers for laboratory examination.
V. Section 918 - Registration
A. Initial application for
registration shall be made in the following form:
1. A cover sheet, in duplicate,
signed by the applicant referring by number to individual data
sheets.
2. A data sheet
with actual label or facsimile thereof attached, in duplicate, for
each product, prepared by the applicant, giving the following
information concerning the product: Full name and address of
manufacturer, if other than the registrant; in case of economic
poisons highly toxic to man, statement as to color of product; and
package size or sizes. If the percentages of active ingredients are
not stated on the label, these percentages must be shown on the
product data sheet.
3.
All products registered under 6 V.S.A. Chapter 81, except for State
Registration of new and additional or minor use(s) or new pesticides
for special local needs as authorized by Section
24(c)
of Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
amended, must be currently registered with the U.S. Environmental
Protection Agency and bear the EPA Registration Number.
4. Duplicate cover sheet, data
sheets and labels with Certificate of Registration comprise
registrant's official proof of registration.
B. Re-registration
1. Applications for re-registration
will be furnished by the Plant Pest Control Division. Where no
changes have been made, labels originally submitted will suffice;
otherwise, amended labels and data sheets must be submitted in
duplicate.
2. The
duplicate application for re-registration with labels and data
sheets, if same have been amended, or without labels or data sheets,
if no amendments have been made since prior registration, with
Certificate of Registration comprise registrant's proof of
re-registration.
3. All
products re-registered under 6 V.S.A. Chapter 81 except for State
Registration of new and additional or minor use(s) or new pesticides
for special local needs as authorized by Section
24(c)
of FIFRA amended, must be currently registered with the U.S.
Environmental Protection Agency and bear the EPA Registration
Number.
C.
State registration of pesticide products for new and additional or
minor use(s).
1. Request for a
State registration for a new and additional use(s) within the State
will be submitted by an applicant or an agent of an applicant to the
Commissioner on forms provided by the Commissioner. Copies of labels
must accompany the application forms.
2. An applicant may appoint an
agent to act on his behalf on registration matters, providing that a
letter of appointment signed by an authorized officer of the
applicant's firm be submitted to the Commissioner.
3. All data submitted in support of
the claims must substantiate such claims made for the pesticide and
demonstrate that it will perform its intended function without
causing unreasonable adverse effects on the environment.
4. Where supporting data is
proprietary and required for product registration, the applicant or
his agent must be authorized by a statement from the owner of such
data with permission to use such data.
5. The Commissioner will review all
applications for State registration of pesticide products for new and
additional uses(s), and if the data meets all the criteria for State
registration under applicable statutes and regulations, a
registration certificate may be issued for new and additional
uses(s).
6. The
Commissioner, after issuing a registration, shall send a written
notification of such registration to the Administrator of the
Environmental Protection Agency.
D. Registration requirements of
specific pesticides.
1. Registrants
of pesticide products containing 2,4,5-Trichloraphenoxyacetic acid
(2,4,5-T) must submit a statement with the registration request that
the technical grade of the 2,4,5-T portion of the product contains
less than 0.10 ppm of the impurity
2,3,7,8-Tetrachlarodibenzo-p-dioxin (TCDD).
