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Board of Pesticides Control Commissioner 28 State House Station Henry S STATE OF MAINE MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY WALTER E. WHITCOMB BOARD OF PESTICIDES CONTROL COMMISSIONER 28 STATE HOUSE STATION HENRY S. JENNINGS DIRECTOR PAUL R. LEPAGE AUGUSTA, MAINE 04333-0028 GOVERNOR BOARD OF PESTICIDES CONTROL May 13, 2016 AMHI Complex, 32 Blossom Lane, Marquardt Building, Room 118, Augusta, Maine NOTE NEW LOCATION AGENDA 8:30 AM 1. Introductions of Board and Staff 2. Minutes of the March 25, 2016 Board Meeting Presentation By: Henry Jennings Director Action Needed: Amend and/or Approve 3. Overview of Mosquito-borne Diseases and Monitoring in Maine The Maine Center for Disease Control and Prevention (Maine CDC) coordinates state activities around preventing vector-borne diseases. As part of its responsibilities, the CDC coordinates mosquito and disease monitoring in Maine. The presence of mosquito-borne diseases and the species of vector mosquitoes present in Maine have been on the rise in recent years. Sara Robinson of the Maine CDC will provide an overview of the trends and the state’s monitoring program. Presentation By: Sara Robinson, MPH Epidemiologist, Maine Center for Disease Control and Prevention Action Needed: None – Informational Only 4. Review and Discussion of Board Homeowner Education Efforts and Available Funding Over the last several months, the Board discussed various ideas and approaches for improving education of homeowners on the use of Integrated Pest Management and the proper use of pesticides. The Board subsequently directed the staff to make homeowner education a priority for 2016. The staff will provide an update to the Board about recent activities and discuss additional ideas and available funding. Action Needed: Determine next steps 90 BLOSSOM LANE, DEERING BUILDING PHONE: 207-287-2731 www.maine.gov/acf www.thinkfirstspraylast.org 5. Consideration of the EPA Special Local Need [FIFRA Section 24(c)] request to extend the use of Bravo ZN, EPA Reg. 50534-201 and the State Supplemental Special Local Need (SLN) [FIFRA Section 24(c)] request to extend the use of Bravo ZN, EPA Reg. 50534-201-100 for control of late blight (Phytophthora infestans) in long-season potatoes The Special Local Needs (24c) request to extend the use of Bravo ZN (EPA Reg. No. 50534-204- 100) limits use to long-season potatoes during epidemics of severe late blight (Phytophthora infestans). The request is in response to high levels of late blight present in recent growing seasons in Maine, according to Steve Johnson, Ph.D., Crops Specialist, at the University of Maine Cooperative Extension. The continued use of this product at the higher rate will permit growers the needed flexibility to respond more effectively during unique growing conditions that promote late blight. Both the primary SLN and the state supplemental SLN for Bravo ZN are hereby submitted for the Board’s approval. Presentation By: Mary Tomlinson Pesticide Registrar Action Needed: Approve/Disapprove 24(c) Registration Requests 6. Consideration of the EPA Special Local Need [FIFRA Section 24(c)] request for the use of Omega 500F Fungicide, EPA Reg. 71512-1 and the State Supplemental Special Local Need (SLN) [FIFRA Section 24(c)] request to extend the use of Omega 500F Agricultural Fungicide, EPA Reg. 71512-1-100 as an in-furrow, banded spray on potatoes at planting for control of powdery mildew scab. The Special Local Needs (24c) request for the use of Omega 500 F Agricultural Fungicide (EPA Reg. No. 71512-1-100) would allow the use of the product as an in-furrow, banded application in potatoes at planting for control of powdery mildew scab, Spongospora subterranean f. sp. Subterranean, which can render affected crops unsaleable and transmit the potato mop top virus. Steve Johnson, PhD, from the University of Maine Cooperative Extension has submitted a letter of support. Both the primary SLN and the state supplemental SLN for Omega 500F Agricultural Fungicide are hereby submitted for the Board’s approval. Presentation By: Mary Tomlinson Pesticide Registrar Action Needed: Approve/Disapprove 24(c) Registration Requests 7. Consideration of a Consent Agreement with Moark of Turner, ME On June 3, 1998, the Board amended its Enforcement Protocol to authorize staff to work with the Attorney General and negotiate consent agreements in advance on matters not involving substantial threats to the environment or public health. This procedure was designed for cases where there is no dispute of material facts or law, and the violator admits to the violation and acknowledges a willingness to pay a fine to resolve the matter. This case involves the use of a product inconsistent with the product label. Presentation By: Raymond Connors Manager of Compliance Action Needed: Approve/Disapprove the Consent Agreement Negotiated by Staff PAGE 2 OF 4 8. Consideration of a Consent Agreement with Kendall Cooper of Buckfield, ME On June 3, 1998, the Board amended its Enforcement Protocol to authorize staff to work with the Attorney General and negotiate consent agreements in advance on matters not involving substantial threats to the environment or public health. This procedure was designed for cases where there is no dispute of material facts or law, and the violator admits to the violation and acknowledges a willingness to pay a fine to resolve the matter. This case involves the purchase of restricted-use pesticides by an unlicensed person. Presentation By: Raymond Connors Manager of Compliance Action Needed: Approve/Disapprove the Consent Agreement Negotiated by Staff 9. Consideration of a Consent Agreement with Orkin Exterminating Company Inc. of Portland, ME On June 3, 1998, the Board amended its Enforcement Protocol to authorize staff to work with the Attorney General and negotiate consent agreements in advance on matters not involving substantial threats to the environment or public health. This procedure was designed for cases where there is no dispute of material facts or law, and the violator admits to the violation and acknowledges a willingness to pay a fine to resolve the matter. This case involves an unauthorized pesticide application. Presentation By: Raymond Connors Manager of Compliance Action Needed: Approve/Disapprove the Consent Agreement Negotiated by Staff 10. Consideration of a Consent Agreement with Sports Fields Inc. of Monmouth, ME On June 3, 1998, the Board amended its Enforcement Protocol to authorize staff to work with the Attorney General and negotiate consent agreements in advance on matters not involving substantial threats to the environment or public health. This procedure was designed for cases where there is no dispute of material facts or law, and the violator admits to the violation and acknowledges a willingness to pay a fine to resolve the matter. This case involves pesticide applications to a school’s fields without following several requirements of Chapter 27. Presentation By: Raymond Connors Manager of Compliance Action Needed: Approve/Disapprove the Consent Agreement Negotiated by Staff 11. Consideration of a Consent Agreement with Black Bear Lawn Care of Orono, ME On June 3, 1998, the Board amended its Enforcement Protocol to authorize staff to work with the Attorney General and negotiate consent agreements in advance on matters not involving substantial threats to the environment or public health. This procedure was designed for cases where there is no dispute of material facts or law, and the violator admits to the violation and acknowledges a willingness to pay a fine to resolve the matter. This case involves a commercial pesticide application by a company with no licensed applicators. PAGE 3 OF 4 Presentation By: Raymond Connors Manager of Compliance Action Needed: Approve/Disapprove the Consent Agreement Negotiated by Staff 12. Other Old or New Business a. Letter from Board to the Joint Standing Committee on Appropriations and Financial Affairs b. South Portland proposed Pesticide Ordinance c. Harpswell Outdoor Pesticides Control and Fertilizer Use Ordinance d. Email from Nancy Oden e. Other? 13. Schedule of Future Meetings July 1, and August 19, 2016 are tentative Board meeting dates. The August 19 meeting is tentatively a field trip. The Board will decide whether to change and/or add dates. Adjustments and/or Additional Dates? 14. Adjourn NOTES The Board Meeting Agenda and most supporting documents are posted one week before the meeting on the Board website at www.thinkfirstspraylast.org. Any person wishing to receive notices and agendas for meetings of the Board, Medical Advisory Committee, or Environmental Risk Advisory Committee must submit a request in writing to the Board’s office. Any person with technical expertise who would like to volunteer for service on either committee is invited to submit their resume for future consideration. On November 16, 2007, the Board adopted the following policy for submission and distribution of comments and information when conducting routine business (product registration, variances, enforcement actions, etc.): o For regular, non-rulemaking business, the Board will accept pesticide-related letters, reports, and articles. Reports and articles must be from peer-reviewed journals. E-mail, hard copy, or fax should be sent to the attention of Anne Chamberlain, at the Board’s office or [email protected]. In order for the Board to receive this information in time for distribution and consideration at its next meeting, all communications must be received by 8:00 AM, three days prior to the Board meeting date (e.g., if the meeting is on a Friday, the deadline would be Tuesday at 8:00 AM). Any information received after the deadline will be held over for the next meeting. During rulemaking, when proposing new or amending old regulations, the Board is subject to the requirements of the APA (Administrative Procedures Act), and comments must be taken according to the rules established by the Legislature. PAGE 4 OF 4 STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY BOARD OF PESTICIDES CONTROL 28 STATE HOUSE STATION AUGUSTA, MAINE 04333 PAUL R.
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