§ 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.)