2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 19 - Pesticide Control
§ 803. Powers and duties of the Commissioner
(a) Jurisdiction in all matters pertaining to the distribution, sale, use and transportation of pesticides, is by this chapter, vested exclusively in the Commissioner.
(b) All authority vested in the Commissioner by this chapter may be executed with like force by employees of the department designated by the Commissioner; however, all hearings held under this chapter must be conducted by the Commissioner or by a person designated by the Commissioner for that purpose, and any decision rendered after any such hearing must be made by the Commissioner.
(c) The Commissioner may, after a hearing:
(1) Declare as a pest any form of plant or animal life or virus that is injurious to plants, men, domestic animals, articles, or substances;
(2) Determine whether pesticides are highly toxic to humans, and to promulgate a list of such pesticides;
(3) Determine standards of coloring or discoloring for pesticides;
(4) Promulgate a list of restricted use pesticides and the usages of such pesticides which may be permitted subject to whatever conditions or limitations that the Commissioner considers appropriate to protect the public interest fully; except that no hearing is required on individual additions to the list unless requested sixty days after notice by the applicant or an interested party; and
(5) Adopt, promulgate and issue such rules and regulations as the commissioner considers necessary to carry out the provisions of this chapter. However, rules and regulations regarding business registration and certification may be adopted only after a public hearing. Such rules and regulations may prescribe methods to be used in the application of pesticides, including the time, place, manner and method of application and equipment used, and may restrict or prohibit use of materials in designated areas during specified periods of time, and shall encompass all reasonable factors which he deems necessary to prevent damage or injury to health, property and wildlife. Rules and regulations shall be filed in accordance with Title 3, Chapter 35 of Virgin Islands Code and open for public inspection at the offices of the department. The Commissioner shall promulgate a regulation authorizing the use of alternative containers for pesticides by pesticide users.
(d) The Commissioner may, after due public hearing, to adopt by regulation such regulations, applicable to and in conformity with the primary standards established by this chapter, as have been or may be prescribed with respect to pesticides by departments or agencies of the United States Government.
(e) The Commissioner may require the submission of the complete formula of any pesticide whenever he deems it necessary in the administration of this chapter. The Commissioner, of his own motion or upon complaint, may cause an examination to be made to determine whether any pesticide complies with the requirements of this chapter. If it appears from such examination that a pesticide fails to comply with the provisions of this chapter, the Commissioner shall cause notice to be given to the offending person, and the proceedings shall be as provided in such chapter, provided that pesticides may be seized and confiscated as provided in sections 838 and 839 of this chapter.
(f) The Commissioner may cooperate with any other agency of Virgin Islands or its districts or with any agency of any other state or the federal government for the purpose of carrying out the provisions of this chapter and of securing uniformity of regulations.
