Delaware Department of Agriculture

Pesticide Advisory Committee

Meeting Minutes for December 20, 2005

Attendees:

· Susan King – UD

· Bob Mulrooney – UD

· Grier Stayton – DDA

· Larry Towle – DDA

· Laura Mensch – DDA

· Allen Chorman – Aerial Applicator

· John Barndt – DNREC

· Thom May – DPH

· Jacob Vukich – Dupont Crop Protection

· Jerry Llewelyn – DPH

Introduction of Members:

· Members introduced themselves and their affiliations

Call to Order and Acceptance to September 2005 Minutes:

· Dr. Susan King, Chair, welcomed all the members and started the meeting.

· Three members are up for re-appointment: Mulrooney, Meredith and Morris.

· The PAC meeting minutes were approved for September 2005.

Additions to December 2005 Agenda:

· The committee discussed the topic of on-line postings of meetings on the State’s Central Calendar of events. This on-line posting will begin January 1, 2006. Two weeks advanced posting will be required for PAC meeting announcements. Minutes of PAC meetings will also be attached to site.

Minutes of the Pesticide Information Network Advisory Committee:

· Susan King described the crop profiles posted on the USDA website (there are thirteen profiles currently posted). As new pests and/or pesticides are found, the crop profiles are updated.

· Susan King also mentioned that there will be a watermelon workshop in January of 2007.

Status Report – Container Recycling:

· Grier Stayton updated the recycling program. The Conservation District Yard in Georgetown houses the baler and storage unit. The storage unit currently holds 18 bales, each weighing approximately 250-300 lbs. The Delaware Department of Agriculture will soon select a company to whom it will sell the plastic for reprocessing. This will help mitigate the costs of the recycling program.

· A copy of Golf Course Management Magazine was also passed around. The magazine features an article on the DDA’s Container Recycling program.

Field Plastic Collection and Recycling:

· Grier Stayton discussed the progress of the effort to collect and recycle the plastic mulch that is used in vegetable fields. An engineer from the University of Delaware, James Adkins, is converting a used hay baler to bale the plastic mulch. Adkins is working to develop a machine to pull, windrow and clean off the dirt and debris.

Crop Life and RISE Proposal on Recycling:

· Grier Stayton reported on the pending Pesticide Container and Containment Rule (FIFRA Section 19(f)), which is expected to be published in the spring of 2006. Currently the new regulations do not require recycling of pesticide containers. Two organizations, Crop Life and RISE, are pushing to mandate container recycling, and have submitted a proposal to the EPA to add this to the Section 19(f) rule before it is released. While the EPA has not agreed to change the rule prior to publishing, it will still be possible to add an amendment requiring container recycling after the rule is released early next year.

Adequacy of State Rules for Residue Removal (EPA Section 19(f) Rule Promulgation):

· Grier Stayton discussed the issue of state compliance in regards to the Pesticide Container and Containment Rule (FIFRA Section 19(f)). Delaware is already in compliance with the majority of the proposed regulations. One concern for Delaware, however, is if the new regulations will require a pad at agricultural chemical facilities where refillable containers are cleaned or refilled. Complying with this aspect of the EPA’s proposed rule could be a challenge.

Endangered Species Update:

· Grier Stayton discussed the new legislation to revise the Endangered Species Act and the potential effect of changes in the ESA review process for pesticide registration. The new review process will change the frequency of consultations with the F & W Service. EPA will make ESA determinations of “No Effect” “Not Likely to Adversely Affect (NLAA)” or “Likely to Adversely Affect.” If the impact of the pesticide use is Likely to Adversely Affect, the EPA must engage with F & W Service in a formal consultation. If NLAA, the EPA will be required to show the assessment is conducted consistent with an “Overview Document.” If “No Effect” is determined, no further action is needed. EPA will use Internet postings for information on species and pesticides that are restricted in habitat areas. A grower will be advised by an ESA label statement to obtain a Bulletin or to visit the web page http://www/epa/.gov/espp/ or to call an 800 number no more than 6 months before using the product.

Coming Events:

· Susan King reviewed upcoming events. Ag Week will be held in Harrington the week of January 16-21, 2006. A wide range of Delaware’s agricultural products will be represented, from corn & soybean, to equine & poultry. The Delaware Department of Agriculture will be present and will be able to meet with the different groups attending the event. This is a chance for applicators to get credits. The Annual Pesticide Conference will be held on January 19th at the Modern Maturity Center.

Enforcement Activities:

· Grier Stayton reviewed the enforcement activities of the DDA Pesticide Section. On December 2nd, the DDA issued a $2,800 fine to Day Star USA for operating without a license and failing to keep application records. Home Paramount is scheduled for a January 23rd hearing with a potential $4,500 fine for use inconsistent with labeling, termiticide application without certified applicator present, and falsified records. APM Atlantic States is scheduled for a January 12th hearing with a potential $6,500 fine for use inconsistent with labeling, failure to comply with Pesticide Rules, and falsified records.

Next meeting is: Tuesday March 28, 2006 at 10 AM

Submitted by:___________________________________________________________________________

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