2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 19 - Pesticide Control
§ 832. Rules and regulations
- The Commissioner has the power to promulgate the following rules and regulations necessary and appropriate to carry out the purposes of this title.
(a) Rules and regulations establishing uniform standards for a consumer pesticide use information sign which shall be placed in retail establishments that sell general use pesticides for commercial or residential lawn application. This sign shall contain the following information:
(1) a warning notice directing consumers to follow directions on labels;
(2) a provision to inform the customer of the posting requirements set forth in subsection (c) of section 831 of this chapter; and
(3) a recommendation that the customer notify neighbors prior to the application of pesticides so that such neighbors may take precautions to avoid pesticide exposure.
(b) The Commissioner shall prepare and publish, in consultation with the Commissioner of Health, educational materials explaining the requirements of subsections (b) and (c) of section 831 of this chapter and the human and environmental health effects of lawn care pesticides.
(c) The Commissioner shall promulgate rules and regulations specifying the content and form of the written notice required in subsection (b) of section 831 of this chapter, with the content consisting minimally of the following:
(1) the address of the premises where application is to be done;
(2) the name and telephone number and pesticide business registration number or certified applicator number of the person providing the application;
(3) the specific date of each pesticide application and two alternative dates to the proposed date of application when, due to weather conditions, the pesticide application on the proposed date is precluded;
(4) the product name or names and the United States Environmental Protection Agency registration number or numbers of the pesticide or pesticides to be applied;
(5) a prominent statement that reads: “This notice is to inform you of a pending pesticide application to neighboring property. You may wish to take precautions to minimize pesticide exposure to yourself, family members, pets or family possessions. Further information about the product or products being applied, including any warnings that appear on the labels of such pesticide or pesticides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticides Information Center at 1-800-858-7378.
(d) The Commissioner shall promulgate rules and regulations specifying: the manner in which persons providing commercial lawn application shall supply written notice as required under subsection (b) of section 831 of this chapter.
(e) The Commissioner may promulgate rules and regulations, not inconsistent with any other provisions of law, specifying procedures for the Department's investigation and processing of alleged violations of subsection (c) of section 831 of this chapter that pertain to persons performing residential lawn applications. Such uniform procedures may require complaints to be in the form of a sworn statement containing the facts upon which an alleged violation is based and may provide that the department is not required to perform any testing or sampling in relation to the investigation of any such alleged violations.
