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Amended Vermont Rule for Control of Pesticides effective Today, February 24, 2023

February 24, 2023
Pesticide Rule QR Code

Scan the QR Code to link directly to the Amended Vermont Rule for Control of Pesticides 

By: David Huber, Deputy Director, PHARM Division 

February 24, 2023 | Montpelier, VT - The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. Pursuant to FIFRA, all pesticides distributed or sold in the United States must be registered (licensed) by EPA. While FIFRA is generally enforced by the EPA, states may regulate the sale or use of any federally registered pesticide or device provided their implementing regulations either meet or exceed the federal requirements. In 1972, the EPA granted Vermont approval to enforce its own pesticide control program. In 1991, the Agency promulgated the Vermont Regulations for Control of Pesticides. 

Read the Amended Vermont Rule for Control of Pesticides here.

In 2009, the EPA amended its implementing regulations under the FIFRA regarding container containment and storage. States with container containment and storage regulations were then given an opportunity to either amend their regulations to meet the new requirements or, work with the EPA in demonstrating their requirements met the federal standards. The latter option was elected by the Vermont Agency of Agriculture, Food and Markets (VAAFM). Thereafter, in 2017, the EPA amended its regulations regarding certification and training of pesticide applicators giving states with implementing programs a deadline of 2022 to meet the new requirements. More recently, the deadline was extended to 2025. Therefore, in order to maintain jurisdictional control of its pesticide control program, VAAFM was required to amend its regulations to either meet or exceed the new federal standards.   

Since Vermont enacted its current pesticide regulation in 1991, the EPA amended its implementing regulations addressing container containment and storage (2009), and applicator certification and training (2017). These amendments in federal law necessitated the VAAFM to act to maintain jurisdiction over pesticides, and to revise its rules to either meet or exceed the federal standards.   

Accordingly, VAAFM, and the State at large, were given an opportunity to amend its regulations to meet the new federal requirements but also to usher the state into the modern era in its regulation of pesticides. VAAFM completed the rulemaking process in January of 2023 and The Vermont Rule for Control of Pesticides is effective February 24, 2023.  

For more information about the Rule or changes that might affect your operation, please contact Dave Huber, david.huber@vermont.gov or your Specialist, Specialist Territory map.pdf (vermont.gov)