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This entry was published on 2014-09-22
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SECTION 33-1105
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 11
§ 33-1105. Orders.

1. If the commissioner finds, from testimony adduced, that:

a. There has been actual damage to grapevines or grape crops within
the affected area; and

b. Such damage was caused by the use of the chemical substance
complained of in the petition, and by that cause alone; and

c. Such use was upon lands within the affected area or in proximity to
the affected area, or upon the damaged crop itself; and

d. The commercial production of grapes within the affected area
constitutes a major source of agricultural income within the affected
area; then the commissioner may issue his order prohibiting or
restricting the use of 2,4-D (2,4-D Dichlorophenoxyacetic acid), 2,4-5-T
(Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4 Chlorophenoxyacetic
acid) within or in proximity to the affected area for a period of time
to be specified in the order. The affected area may be altered by
description in the order of the commissioner, if the commissioner finds
that such alteration should be made to effectuate the purposes of the
petition. All restrictions upon the use of 2,4-D
(2,4-Dichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic acid)
or MCP (2 Methyl, 4 Chlorophenoxyacetic acid) within or in proximity to
the affected area shall be set forth in the order with particularity.

2. The order shall continue in effect from year to year unless
modified or rescinded by the commissioner. Not later than February 15 of
each year, the commissioner shall give notice of the order by
publication in a newspaper of general circulation in the area affected.
The notice shall state the terms of the order in general language and
that the order will continue in effect for the period of time specified
in the order, unless a petition for modification or rescission of the
order, signed by ten or more grape growers or fifty or more persons not
grape growers in the affected area is filed with the commissioner on or
before March 1 of such year.

3. If a request for modification or rescission is received, the
commissioner shall hold a hearing after giving notice as provided in
section 33-1103. After the hearing, the commissioner shall make such
findings as the evidence adduced justifies and may continue, modify, or
rescind the order. If the commissioner modifies or rescinds the order,
he shall give notice of his action as provided in subdivision 4 of this

4. All orders shall be effected upon posting the same prominently in
at least five of the most public places within the affected area. They
shall also be published in a newspaper having general circulation in the
areas affected but such publication shall not be a condition precedent
to their effectiveness.