Decision Date: January 12, 2004

Panel: Alan Andison

Keywords: Pesticide Control Act – s.15(7); pest management plan; approval; Vision; Release

Tom Eberhardt appealed the Deputy Administrator’s decision to approve Pest Management Plan 390-015-03/08 (the “PMP”).  The approval was in relation to the authorized use of the herbicides Vision and Release to manage vegetation competing with crop trees.  Mr. Eberhardt sought an order rescinding the PMP.

The issues in the appeal were: whether the use of pesticides, as authorized by the PMP, would cause an adverse effect on human health or the environment; and, if so, whether the adverse effect is unreasonable.

The Board concluded that Mr. Eberhardt’s submissions contained no evidence to establish that the use of herbicides in accordance with the terms and conditions of the PMP will create an adverse effect on human health or the environment.  In addition, the Board held that there was no evidence submitted to demonstrate that the PMP approval was issued contrary to the requirements of the Pesticide Control Act.  Accordingly, there was no need for the Board to receive reply submissions from either the Deputy Administrator or Merrill & Ring.

The appeal was dismissed.