Vermont § 1105a - Treated articles; powers of Secretary; best management practices

§ 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.)