§1102. Pesticide Advisory Council established

Link to law: http://legislature.vermont.gov/statutes/section/06/087/01102
Published: 2015

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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 Service 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

fibre 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 issue an annual report to the General Assembly, detailing 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.

(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. Council 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.)