The Pesticide Section regulates the registration, sale, distribution, and application of pesticides in Arkansas. The section’s mission is to protect public health, the environment, and agricultural productivity by ensuring that pesticide use in the state complies with both state and federal laws.
Pesticide Registration
Before any pesticide can be sold in Arkansas, it must be registered with the Arkansas Department of Agriculture (Department) under the Arkansas Pesticide Control Act and Regulations. This process ensures that all products meet state and federal requirements for safety and effectiveness.
Each year, the Pesticide Section registers approximately 14,000 pesticide products for use in Arkansas.
Licensing and Certification
Dealers
Dealers who sell or distribute pesticides designated as Restricted Use Products (RUPs) by the Environmental Protection Agency must first obtain a license from the Department under the Arkansas Pesticide Use and Application Act. The Pesticide Section processes more than 400 dealer applications each year.
Applicators
Individuals who use or apply restricted use pesticides must be properly trained and licensed. Those applying pesticides commercially must also pass a written examination before becoming licensed.
Enforcement and Compliance
The Pesticide Section takes compliance seriously and enforces laws through a fair and consistent process outlined in the Enforcement Response Regulations. Penalties for violations may include:
- Warning letters
- Monetary assessments (up to $1,000)
- License suspension or revocation
Frequently Asked Questions
Can I eat my garden vegetables after they have been exposed to pesticides?
The Department does not have the expertise to give advice as to the safety of eating vegetables that has been exposed to pesticides. Such information will have to be obtained from the manufacturer of the pesticide found on the vegetables.
Can the Department stop these agricultural aircraft from flying over my house and property?
No. Air space is regulated by the Federal Aviation Authority.
Can the Department stop the use of agricultural pesticides in areas where people are allergic to pesticides?
No. If the applicator of a pesticide is applying the pesticide in accordance with that label directions for that pesticide, then the Department has no authority to stop the pesticide application.
What determines when, where, on what field crop and in what conditions a pesticide can be applied?
Each pesticide is to be applied according to the label and labeling directions for that pesticide.
How does the Arkansas State Plant Board determine what enforcement action is to be taken against violators of the Arkansas pesticide laws?
The Arkansas State Plant Board takes all enforcement action in accordance with its Pesticide Enforcement Response Regulations.
What penalty will the violator receive if a violation is found?
If a violation is identified by the inspector, the violator (s) could receive a penalty raging from a warning letter for the first offense if no human exposure was involved, up to a civil penalty of $1,000 for repeated offenses, or a loss of license, or both. You should also be advised that if a formal hearing becomes necessary, you could be called to testify.
Program Responsibilities
The Section also enforces and supports several key programs and initiatives, including:
- Worker Protection Standard: Ensuring agricultural workers and handlers are protected when pesticides are used.
- Groundwater Monitoring: Tracking and preventing pesticide contamination in state water sources.
- Endangered Species Protection: Monitoring pesticide impacts on protected species in Arkansas.
- Abandoned Agricultural Pesticide Program: Hosting approximately 10 county-wide collection events per year to safely dispose of unused agricultural pesticides.
The Pesticide Section administers and enforces:
- Arkansas Pesticide Control Act and Regulations
- Arkansas Pesticide Use and Application Act and Regulations
- Regulations related to pesticide classification
- Cooperative agreements with the U.S. EPA on:
- Worker Protection
- Endangered Species
- Groundwater Protection
- Container and Containment Requirements