Enforcement

Pesticides perform a valuable role in protecting man and the environment, including agricultural production, from insects, rodents, weeds, and other forms of life which may be pests; but it is essential to the public health and welfare that they are used properly to prevent unreasonable adverse effects on man and the environment. The Pesticide Division of the Arkansas State Plant Board (ASPB) regulates, in the public interest, the distribution, use, and application of pesticides to control pests.

The Pesticide Division enforces the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the state under a grant from the U.S. Environmental Protection Agency (EPA). The Pesticide Division’s mandate is to fairly and equitably enforce FIFRA, the Arkansas Pesticide Control Act and Regulations, the Arkansas Regulations on Pesticide Classification, and the Arkansas Pesticide Use And Application Act and Regulations.

Since it is not possible for an ASPB inspector to be present during every pesticide application, the ASPB must depend on the citizens of this state to report any perceived misuse of pesticides.

HOW TO REPORT A PESTICIDE COMPLAINT:

  1. Call the State Plant Board at (501) 225-1598 and state you would like to speak to the Pesticide Division about a pesticide complaint. Normal business hours are M-F 8:00 a.m. to 4:30 p.m., if you call after hours and are connected to voicemail, please leave a detailed message including your name and contact number.

  2. Provide the following information to Plant Board personnel:

    • Your name and mailing address

    • Nature of the complaint (for example: pesticide misuse, drift, human exposure etc.)

    • Provide your Contact Phone Numbers

    • Provide any other information regarding the suspected pesticide, applicator, or farmer that might be responsible for the complaint.

    • State the location of the area affected (for example: garden, field crops, trees, lawn, etc.)

  3. The State Plant Board will assign a Case File number to the complaint and contact the Plant Board Inspector for your area. The Inspector will contact you with a time to meet regarding the complaint. Please complete the Request for Investigation Form provided by the Inspector at the time of the initial meeting.

Recommendations in the event of a HUMAN EXPOSURE:

  1. Seek Medical attention immediately if you feel it is necessary

  2. Remove all clothing and bathe with soap immediately.

  3. Individually wrap the exposed clothing in aluminum foil, place in a sealed plastic bag, and refrigerate (away from food).

  4. Call the State Plant Board at (501) 225-1598 and state you would like to speak to the Pesticide Division about a human exposure. Normal business hours are M-F 8:00 a.m. to 4:30 p.m., if you call after hours and are connected to voicemail, please leave a detailed message including your name and contact number.

  5. After contacting the Plant Board you will receive a call from the Inspector within 24 hours to set a time to meet regarding the investigation.

  6. When the Inspector arrives, compete the Request for Investigation and provide the articles of clothing to the Inspector at that time.

    • If a vehicle has been exposed, please do not wash the vehicle until the Inspector has conducted the investigation.

Upon completion of the field investigation the Inspector will turn the Case File over to the Pesticide Division for review. The Case File will be reviewed and violations (if any) determined. If no violation(s) are documented, the Case File will be closed, as the ASPB can proceed only as far as the authority under the assigned laws allow. If a violation is determined, the Pesticide Division will utilize the Pesticide Enforcement Response Regulations to assign the appropriate enforcement action. Violation(s) could include a penalty ranging from a warning letter up to a civil penalty of $1,000 for repeated offenses, or a loss of license, or both. You will receive a written notice concerning the outcome of the Case File. If you have questions, please refer to the Case File Number assigned to your complaint when contacting the Plant Board.

Be advised, neither the Plant Board, nor its representative is authorized to estimate the extent of injury or yield loss. Also, please be advised the Plant Board cannot reimburse you for any damages or loss.