Governor Hutchinson Approves Plant Board Regulation Proposal

Last week, Governor Asa Hutchinson announced his determination that a proposed regulation from the Arkansas Plant Board (“Board”) entitled Pesticide Use and Restriction would not unnecessarily burden business.  Under Executive Order 15-02, the governor has the authority to review all proposed rules and regulations from state executive agencies.  Any proposed rule or regulation that the governor determines would be detrimental or unnecessarily burdensome to business will not be submitted to the General Assembly.  The governor recommended that the General Assembly increase the Board’s civil penalty power under Arkansas Code Annotated § 2-16-203 beyond the current maximum of $1,000 for those who violate chemical application requirements.  Doing so, the governor stated, would provide a more effective deterrent for misapplication.  Finally, Governor Hutchinson noted that the methods and research the Board relies on for approving new technology should be more clearly defined and tasked the Board to submit a clarification of its expectations within 45 days.

The full text of Governer Hutchinson's letter can be found here.