AGO 1949-51 No. 197.

Case DateJanuary 18, 1950
CourtWashington
Washington Attorney General Opinions 1950. AGO 1949-51 No. 197. January 18, 1950[Orig. Op. Page 1]PRIVATEWEED-KILLERS - REGULATION AND CONTROL.The Aeronautics Commission is authorized to regulate and control the use and application of weed-killers by aerial sprayers and dusters.Honorable Charles S. Chester Director of Aeronautics Washington State Aeronautics Commission Suite 410, 905 Second Avenue Building Seattle 4, WashingtonCite as: AGO 1949-51 No. 197Dear Sir: We have received your letter of November 28, 1949, in which you asked the following questions: "(1) Can the Director of Agriculture under any existing law issue regulations controlling the use and application of 2-4D or other weed-killer by commercial sprayers or dusters? "(2) Can the State Aeronautics Commission under the State Aeronautics Act (Ch. 165, Laws of 1947) issue regulations controlling the use and application of 2-4D or other weed-killer by aerial commercial sprayers or dusters?" Our conclusions may be summarized as follows: (1) The Director of Agriculture is not authorized to regulate and control the application of weed-killers by commercial sprayers or dusters. (2) The State Aeronautics Commission is authorized to regulate and control the application of weed-killers by aerial sprayers and dusters. [Orig. Op. Page 2] ANALYSIS Section 21, chapter 165, Laws of 1947 [10964-101, Rem. Supp. 1947] provides in part as follows: "The Commission may perform such acts, issue and amend such orders, make promulgate, and amend such reasonable general rules, regulations...

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