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Gov. Hutchinson Approves Plant Board’s Amendment to the Pesticide Use and Restriction Regulation (“Dicamba Rule”); Tasks Board to Provide Clear Rules on Approval Process for New Technologies

LITTLE ROCK  Governor Asa Hutchinson today sent a letter to the chairman of the Arkansas State Plant Board approving the board’s proposed amended regulation entitled Pesticide Use and Restriction.

The Governor closely analyzed the three following issues as they were the most frequently referenced in his meetings and in public comments: (1) whether the Plant Board should completely ban dicamba due to its susceptibility to volatility and drift; (2) whether the Plant Board should allow for the use of XtendiMax with VaporGrip technology as approved by the federal Environmental Protection Agency (“EPA”); and (3) whether the EPA’s testing and approval is sufficient for the on-label use of VaporGrip technology in Arkansas.

After careful evaluation, Governor Hutchinson came to the following conclusion taken from an excerpt of his letter to the Plant Board:

“In conclusion, it is my position that the Plant Board’s proposed regulation will not unnecessarily burden businesses. Pursuant to Executive Order 15-02, I approve the promulgation of the Plant Board’s proposed amendment. However, the methods that are used and the research on which the Plant Board relies in approving new technologies must be more clearly defined in order to provide more certainty to all companies attempting to introduce these technologies in Arkansas.  To this end, I am tasking the Plant Board to submit a solution to me within forty-five (45) days, which provides clear rules to industry as to what the Plant Board expects in terms of prior study and testing by independent third party research.”

A copy of the Governor’s letter can be found HERE.

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