Pesticides are valuable to Arkansas' agricultural production and the protection of man and his possessions from insects, rodents, weeds, plant diseases, and other pests. It is essential to the public health and welfare that pesticides be used properly to prevent adverse effects on man and the environment.
The purpose of the regulation is to provide a fair and consistent mechanism by which compliance with the Arkansas Pest Control Law, as amended, and the regulations written pursuant thereto can be achieved.
As used in this policy:
For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation for which a previous enforcement action has been taken by the Plant Board. The previous violation/violations must have occurred within the past 3 years.
* In no case shall the failure to meet minimum treating standards (Act 488 of 1975, Sections III A, III B, III C, and III D), except those which require a termiticide application, be considered a violation and subject to a civil penalty.
Under the preceding Arkansas Codes, the Plant Board has several options for enforcement action. These are:
The suspension, revocation, or non-renewal of a license by the Board may be in addition to or in conjunction with a civil penalty fine.
The pest control section will refer, the operation of faulty or unsafe equipment,
and or distribution of adulterated and/or misbranded pesticides cases to the pesticide division of the AR. State Plant Board.
An incident investigation will be initiated when:
The processing sequence for an incident investigation is outlined in Figure I.
FIGURE I
PROCESSING SEQUENCE
ENFORCEMENT RESPONSE POLICY
An apparent violation of law and/or regulation must be documented to initiate an enforcement action. Documentation must conform to the requirements of the Plant Industry Division. The sequence of events within the enforcement response policy is follows:
FIGURE II
The Case Development Panel will carefully review all documentation and records to determine:
Concurrence with the Division=s finding by the Panel must be unanimous before further action can be taken on the case.
The informal hearing officer and/or the appropriate Committee and/or the Full Board will carefully review the documentation and hear cases of alleged violations.
Should it be determined a violation(s) has occurred, the severity and level of enforcement of each violation will be determined by the three (3) factors in Section VII; as they are applied to the Penalty Matrix (Appendix A).
If a violation is determined in this sequence; the following factors will be considered:
The Hearing Officer/Committee/Board may use these factors to accelerate or mitigate enforcement action. When a civil penalty is the preferred action, the base penalty may be increased or decreased based on these factors. The civil penalty will not be more or less than the range for the specific violation listed in Appendix A.
The Full Board will take action to determine the final disposition of the case.
Any person aggrieved by any action of the Plant Board may obtain a review thereof, by filing in circuit court within 30 days of notice of the action, a written petition praying that the action of the Plant Board be set aside.
FINAL R ULEFINAL R ULE
APPENDIX A
A PENALTY MATRIX
VIOLATION | Violatio n Level | 1st Level of Enforcement | 2nd Level of Enforcement | 3rd Level of Enforcement | 4th Level of Enforcement | ||||
Enforcemen t Action | Civil Penalty (Fine-$) | Enforcement Action | Civil Penalty (Fine-$) | Enforcemen t Action | Civil Penalty (Fine-$) | Enforcemen t Action | Civil Penalty (Fine-$) | ||
1. Failure to secure an applicator license | Minor | A | |||||||
Major | B,C,E,F | 200-1000 | B,C,E,F | 400-1000 | B,C,E,F | 600-1000 | B,C,E,F | 800-1000 | |
2. Pesticide recommendations or applications which are inconsistent with any/or all of the following: (A) Labeling (B) Federal or State registrations (C) Federal or State restrictions of the use of a pesticide | Minor | A | B,C | 200-400 | |||||
Major | B,C,G | 200-400 | B,C,G | 400-600 | B,C,D,G | 600-800 | B,C,D,E,G | 800-1000 | |
3. Intentional misrepresentation(s) in any application for a license. | Minor | ||||||||
Major | B,C | 200-400 | B,C | 400-600 | B,C | 600-800 | B,C,E | 800-1000 | |
4. Misrepresentations for the purpose of deceiving for defrauding. | Minor | ||||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D | 800-1000 | |
5. Making a false statement with knowledge of its falsity for the purpose of inducing others for act thereon to their damage. | Minor | ||||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
ENFORCEMENT ACTION OPTIONS
6. Performing work, with or without compensation, in a classification for which the licensee does not hold a license. | Minor | |||||||
Major | B,C,D,E,F | 200-1000 | B,C,D,E,F | 400-1000 | B,C,D,E,F | 600-1000 | B,C,D,E,F | 800-1000 |
7. Falsification of records or failure to maintain or make available all records required by this Act | Minor | A | B,C | 200-400 | ||||
Major | B,C | 600-800 | B,C,E | 800-1000 | ||||
8. Failure of licensee to supply the Board or its authorized representative, upon request with true and accurate information concerning methods and materials used on work performed. | Minor | A | B,C | 200-400 | ||||
Major | B,C | 600-800 | B,C,E | 800-1000 | ||||
9 Failure of licensee to register agents or solicitors, or failure to pay registration inspection or reporting fees due or failure to make reports within the time specified | Minor | A | B,C | 200-400 | ||||
Major | B,C | 200-400 | B,C | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
Enforcemen t Action | Civil Penalty (Fine-$) | Enforcemen t Action | Civil Penalty (Fine-$) | Enforcemen t Action | Civil Penalty (Fine-$) | Enforcemen t Action | Civil Penalty (Fine-$) | |
10. Failure to report structural pest control work. | Minor | A | B,C | 100-400 | ||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
11 Failure to correct substandard work. | Minor | |||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D | 600-800 | B,C,D,E | 800-1000 |
12. Failure of licensee to obtain satisfactory control of the pests or diseases which the licensee engages to control or eradicate as evidenced by repeated inspections by the Board. | Minor | A | B,C | 200-400 | ||||
Major | B,C,D | 600-800 | B,C,D,E | 800-1000 | ||||
13. Conviction of any court of a violation of this chapter or of FIFRA. | Minor | |||||||
Major | B,C,D | 200-400 | B,C,D | 400-600 | B,C,D,G | 600-800 | B,C,D,E,G | 800-1000 |
14.0peration of faulty or unsafe equipment. | Minor | H | ||||||
Major | H | 200-600 | H | 400-800 | H | 600-1000 | H | 800-1000 |
15. Distribution of adulterated and/or misbranded pesticides. | Minor | H | ||||||
Major | H | 200-600 | H | 400-800 | H | 600-1000 | H | 800-1000 |
209.02.03 Ark. Code R. 003