Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 14.1 Virginia Pesticide Control Act

• 3.1-249.27 (Repealed effective October 1, 2008) Definitions
  As used in this chapter, unless the context requires a different meaning: "Active ingredient" means, in the case of a pesticide other than a plant ...
• 3.1-249.28 (Repealed effective October 1, 2008) Pesticide Control Board established; appointment of members; t...
  A. There is hereby established a Pesticide Control Board which shall consist of 12 members, to be appointed by the Governor, as follows: two members ...
• 3.1-249.29 (Repealed effective October 1, 2008) Powers and duties of the Board
  The Board shall have the power and duty to carry out the provisions of this chapter and is authorized to: 1. Appoint such advisory committees ...
• 3.1-249.30 (Repealed effective October 1, 2008) Board to adopt regulations
  In addition to the power to promulgate regulations provided for in other sections of this chapter, the Board may promulgate regulations pursuant to the Administrative ...
• 3.1-249.31 (Repealed effective October 1, 2008) Restriction or prohibition of certain pesticides, pesticide co...
  After considering the available information on the benefits of a product and any associated risks, the Board is authorized to prescribe regulations to restrict or ...
• 3.1-249.32 (Repealed effective October 1, 2008) Complaints to Commissioner or the Board
  Any person may register a written complaint with the Commissioner or the Board relating to the sale, use, storage, handling or disposal of any pesticide ...
• 3.1-249.33 (Repealed effective October 1, 2008) Delegation of authority
  The Board may delegate any authority vested in it under this chapter, except the promulgation of regulations, to the Commissioner or other employees of the ...
• 3.1-249.34 (Repealed effective October 1, 2008) Disposition of fees and penalties collected
  All fees and penalties collected under this chapter shall be paid into a special fund in the state treasury to the credit of the Department ...
• 3.1-249.35 (Repealed effective October 1, 2008) Registration required
  Every pesticide which is manufactured, distributed, sold, or offered for sale, used or offered for use within the Commonwealth shall be registered in accordance with ...
• 3.1-249.36 (Repealed effective October 1, 2008) Products registered under Federal Act
  The Commissioner may register and permit the sale and use of any pesticide which has been registered under the provisions of the Federal Insecticide, Fungicide ...
• 3.1-249.37 (Repealed effective October 1, 2008) Products registered as single pesticide
  Products which have the same formula, and are manufactured by the same person, the labelings of which contain the same claims, and which bear designations ...
• 3.1-249.38 (Repealed effective October 1, 2008) Change in labeling or formulas without reregistratio...
  Within the discretion of the Commissioner, or his authorized representative, a change in the labeling or formulas of a pesticide may be made within the ...
• 3.1-249.39 (Repealed effective October 1, 2008) Statement to be filed by registrant
  The registrant shall file with the Commissioner, a statement including: 1. The name and address of the registrant and the name and address of the ...
• 3.1-249.40 (Repealed effective October 1, 2008) Each brand or grade to be registered; fees
  The registrant, before manufacturing, distributing, selling, offering for sale, or offering for use any pesticide in the Commonwealth, shall register each brand or grade of ...
• 3.1-249.41 (Repealed effective October 1, 2008) Submission of complete formula
  The Commissioner, whenever he deems it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. (Code ...
• 3.1-249.42 (Repealed effective October 1, 2008) When Commissioner to register pesticide
  If it appears to the Commissioner that the composition of the pesticide is such as to warrant the proposed claims for it and if the ...
• 3.1-249.43 (Repealed effective October 1, 2008) When Commissioner to notify registrant and afford opportunity ...
  If it does not appear to the Commissioner that the pesticide is such as to warrant the proposed claims for it or if the pesticide ...
• 3.1-249.44 (Repealed effective October 1, 2008) When Commissioner may refuse or cancel registration
  The Commissioner may refuse to register, or may cancel the registration of, any brand of pesticide as provided in this chapter, upon satisfactory proof that ...
• 3.1-249.45 (Repealed effective October 1, 2008) When Board may refuse or cancel registration
  The Board may deny or cancel the registration of a pesticide if it finds, after a public hearing, that: 1. Considering the available information on ...
• 3.1-249.46 (Repealed effective October 1, 2008) Annual business license required
  A. No pesticide business may sell, distribute, or store any pesticide in Virginia without a valid pesticide business license issued pursuant to regulations promulgated by ...
• 3.1-249.47 (Repealed effective October 1, 2008) Fees
  An application for a pesticide business license shall be accompanied by a nonrefundable annual licensing fee established by the Board. If a person or business ...
• 3.1-249.48 (Repealed effective October 1, 2008) Records
  As a condition of obtaining or renewing a license, each pesticide business required to be licensed shall maintain such records as required by the Board. ...
• 3.1-249.49 (Repealed effective October 1, 2008) Evidence of financial responsibility required of licensed pest...
  The Board shall not issue a pesticide business license until the business has furnished evidence of financial responsibility, consisting of a liability insurance policy from ...
• 3.1-249.50 (Repealed effective October 1, 2008) Licensing of pesticide bulk storage facilities
  The Board shall establish, by regulation, specific requirements for the licensing of a pesticide business that mixes, stores or otherwise handles pesticides in bulk quantities. ...
• 3.1-249.51 (Repealed effective October 1, 2008) Restricted use pesticides prohibited; exceptions; training req...
  A. No person shall use any pesticide classified for restricted use unless that person (i) has first complied with the certification requirements of the Board; ...
• 3.1-249.52 (Repealed effective October 1, 2008) Application and certification of commercial applicator...
  A. No person shall, in exchange for compensation of any kind other than the trading of personal services between producers of agricultural commodities use, except ...
• 3.1-249.53 (Repealed effective October 1, 2008) Agencies or persons exempt or partially exempt
  A. All state agencies, municipal corporations or other governmental agencies shall be subject to the provisions of this article and regulations adopted thereunder concerning the ...
• 3.1-249.54 (Repealed effective October 1, 2008) Application and certification of private applicators
  A. No person, other than one identified in clause (iii) of § 3.1-249.51, shall use or supervise the use of any pesticide classified for restricted ...
• 3.1-249.55 (Repealed effective October 1, 2008) Certificate renewals; late fee for delinquent renewals; reexam...
  If the application for renewal of any certificate provided for in this article is not filed prior to a date established by the Board, a ...
• 3.1-249.56 (Repealed effective October 1, 2008) Reports of pesticide accidents, incidents or loss
  A. The Board shall by regulation require the reporting of significant pesticide accidents or incidents which constitute a threat to humans or the environment to ...
• 3.1-249.57 (Repealed effective October 1, 2008) Reciprocal agreement
  The Commissioner may issue a certificate on a reciprocal basis with other states or federal agencies without examination in accordance with the provisions of this ...
• 3.1-249.58 (Repealed effective October 1, 2008) Enforcement
  A. For the purpose of carrying out the provisions of this chapter the Commissioner may enter any public or private premises operating as a pesticide ...
• 3.1-249.59 (Repealed effective October 1, 2008) Definitions
  As used in this article, unless the context requires otherwise: "Acceptable release rate" means a measured release rate not to exceed 4.0 micrograms per square ...
• 3.1-249.60 (Repealed effective October 1, 2008) Sale and application of tributyltin compounds
  A. Except as otherwise provided in this section, a person may not distribute, possess, sell or offer for sale, apply or offer for use or ...
• 3.1-249.61 (Repealed effective October 1, 2008) Educational programs
  Through cooperative programs the State Water Control Board, the Board of Game and Inland Fisheries, the Virginia Marine Resources Commission, the Virginia Institute of Marine ...
• 3.1-249.62 (Repealed effective October 1, 2008) Emergency actions
  Nothing in this article is intended to prevent or discourage the Board from further restricting the distribution, possession, sale or use of tributyltin compounds. (1987, ...
• 3.1-249.63 (Repealed effective October 1, 2008) Violations generally
  A. It shall be unlawful for any person to manufacture, distribute, sell or offer for sale, use or offer for use: 1. Any pesticide which ...
• 3.1-249.64 (Repealed effective October 1, 2008) Use of pesticide or container inconsistent with label directio...
  A. It shall be unlawful for any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or ...
• 3.1-249.65 (Repealed effective October 1, 2008) Alteration, etc., of label
  It shall be unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in ...
• 3.1-249.66 (Repealed effective October 1, 2008) Refusal of access to records
  It shall be unlawful for any manufacturer, distributor, dealer, carrier, or other person to refuse, upon a request in writing specifying the nature or kind ...
• 3.1-249.67 (Repealed effective October 1, 2008) Giving false guaranty; names and addresses of persons giving a...
  It shall be unlawful for any person to give a guaranty or undertaking provided for in § 3.1-249.74 which is false in any particular, except ...
• 3.1-249.68 (Repealed effective October 1, 2008) Protection of trade secrets and other information
  A. In submitting data required by this chapter, the applicant may (i) clearly mark any portions thereof which in his opinion are trade secrets or ...
• 3.1-249.69 (Repealed effective October 1, 2008) Interference with Commissioner or agents
  It shall be unlawful for any person to oppose or interfere in any way with the Commissioner or his duly authorized agents in carrying out ...
• 3.1-249.70 (Repealed effective October 1, 2008) Penalties; action to enjoin violation; compromise
  A. Except as otherwise provided, any person who knowingly violates any provisions of this chapter or regulations promulgated hereunder shall be guilty of a Class ...
• 3.1-249.71 (Repealed effective October 1, 2008) Proceedings in case of violations
  If it appears from the examination of laboratory results or other evidence collected during an investigation that any of the provisions of this chapter or ...
• 3.1-249.72 (Repealed effective October 1, 2008) Duty of attorney for Commonwealth
  It shall be the duty of every attorney for the Commonwealth to whom the Commissioner shall report any violation of this chapter to cause proceedings ...
• 3.1-249.73 (Repealed effective October 1, 2008) Warning instead of report of violation
  Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this ...
• 3.1-249.74 (Repealed effective October 1, 2008) Exemptions from penalties
  The penalties provided for violations of § 3.1-249.63 shall not apply to: 1. Any carrier while lawfully engaged in transporting pesticides within this Commonwealth, if ...
• 3.1-249.75 (Repealed effective October 1, 2008) Medicinal and toilet preparations, drugs or chemical...
  This chapter shall not apply to any preparation, drug, or chemical intended to be used or sold solely for medicinal use or for toilet purposes. ...
• 3.1-249.76 (Repealed effective October 1, 2008) Summary suspension by Commissioner; procedure
  The Commissioner may suspend the license of any person licensed or certified without a hearing simultaneously with the institution of proceedings for a hearing, if ...
• 3.1-249.77 (Repealed effective October 1, 2008) "Stop-sale or removal" orders; "Stop-use" orders; judicia...
  A. The Commissioner or his duly authorized agent shall issue and enforce a written or printed "stop sale or removal" order directed to the owner ...
• 3.1-249.78 (Repealed effective October 1, 2008) Seizure, condemnation and sale
  Any lot of pesticide not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the Commissioner to a ...

Last modified: April 2, 2009