Code of Virginia - Title 3.2 Agriculture, Animal Care, And Food - Chapter 39 Pesticide Control

3.2-3900 (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 ...

3.2-3901 (Effective October 1, 2008) The Pesticide Control Board; purpose.
The Pesticide Control Board is established as a policy board in the executive branch of state government. The purpose of the Board is to carry ...

3.2-3902 (Effective October 1, 2008) Membership; terms; quorum; meetings.
A. The Board shall have a total of 12 members, nine of whom shall be nonlegislative citizen members, appointed by the Governor and approved by ...

3.2-3903 (Effective October 1, 2008) Compensation; expenses.
Members shall receive such compensation for the performance of their duties as provided in § 2.2-2813. All members shall be reimbursed for all reasonable and ...

3.2-3904 (Effective October 1, 2008) Powers and duties of the Board.
The Board shall have the following powers and duties: 1. Appoint advisory committees as necessary to implement this chapter; 2. Contract for research projects and ...

3.2-3905 (Effective October 1, 2008) Staffing.
The Department shall provide staff support to the Board. All agencies of the Commonwealth shall provide assistance to the Board, upon request. (2008, c. 860.) ...

3.2-3906 (Effective October 1, 2008) Board to adopt regulations.
The Board may adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), including: 1. Licensing of businesses that manufacture, sell, store, recommend ...

3.2-3907 (Effective October 1, 2008) Delegation of authority; exclusive authority to regulate.
The Board may delegate any authority vested in it under this chapter to the Commissioner or other employees of the Department. The Board shall have ...

3.2-3908 (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 that he believes are trade secrets or commercial or ...

3.2-3909 (Effective October 1, 2008) Reports of pesticide accidents and incidents.
The Board shall by regulation require the reporting of significant pesticide accidents or incidents posing a threat to humans or the environment to appropriate governmental ...

3.2-3910 (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. ...

3.2-3911 (Effective October 1, 2008) Damages resulting from pesticide use or application.
A. Any person claiming damages from the use or application of any pesticide classified for restricted use shall file with the Commissioner a written statement ...

3.2-3912 (Effective October 1, 2008) Pesticide Control Fund established.
There is hereby created in the state treasury a special nonreverting fund to be known as the Pesticide Control Fund, hereafter referred to as "the ...

3.2-3913 (Effective October 1, 2008) Exclusion of medicinal and toilet preparations.
This chapter shall not apply to any preparation, drug, or chemical intended solely for medicinal use or for toilet purposes. (Code 1950, § 3-208.45; 1966, ...

3.2-3914 (Effective October 1, 2008) Registration required.
Every pesticide manufactured, distributed, sold, offered for sale, used, or offered for use shall be registered in accordance with regulations adopted by the Board. Registration ...

3.2-3915 (Effective October 1, 2008) Products registered under Federal Act.
The Commissioner may register and permit the sale and use of any pesticide registered under the Federal Insecticide, Fungicide and Rodenticide Act. Such products shall ...

3.2-3916 (Effective October 1, 2008) Products registered as single pesticide.
Products that: (i) have the same formula; (ii) are manufactured by the same person; (iii) include labelings with the same claims; and (iv) bear designations ...

3.2-3917 (Effective October 1, 2008) Change in labeling or formulas without reregistration.
The Commissioner may allow a change in the labeling or formulas of a pesticide within a registration period without requiring reregistration provided that such changes ...

3.2-3918 (Effective October 1, 2008) Statement to be filed by registrant.
A. The registrant shall file a statement with the Commissioner including: 1. The name and address of the registrant and the name and address of ...

3.2-3919 (Effective October 1, 2008) Each brand or grade to be registered; fees.
Before manufacturing, distributing, selling, offering for sale, or offering for use any pesticide, the registrant shall register each brand or grade of a pesticide with ...

3.2-3920 (Effective October 1, 2008) Submission of complete formula.
The Commissioner may require the submission of the complete formula of any pesticide at any time. (Code 1950, § 3-208.26; 1966, c. 702, § 3.1-228; ...

3.2-3921 (Effective October 1, 2008) Requirements for registration.
The Commissioner shall register a pesticide if: (i) he finds the composition of the pesticide warrants any proposed claims; and (ii) the pesticide, its labeling, ...

3.2-3922 (Effective October 1, 2008) When Commissioner may refuse or cancel registration.
The Commissioner may refuse to register or cancel the registration of any brand of pesticide upon satisfactory proof that the registrant has committed any of ...

3.2-3923 (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 ...

3.2-3924 (Effective October 1, 2008) Annual business license required.
A. No pesticide business may sell, distribute, or store any pesticide without a pesticide business license issued pursuant to regulations adopted by the Board. The ...

3.2-3925 (Effective October 1, 2008) Fees.
A. A nonrefundable annual licensing fee shall be required with each application for a pesticide business license. B. If a person fails to apply for ...

3.2-3926 (Effective October 1, 2008) Records.
A. As a condition of obtaining or renewing a license, each pesticide business required to be licensed shall maintain records as required by the Board. ...

3.2-3927 (Effective October 1, 2008) Evidence of financial responsibility required of licensed pesticide bus...
A. The Board shall not issue a pesticide business license until the business has furnished evidence of financial responsibility, consisting of a liability insurance policy ...

3.2-3928 (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. ...

3.2-3929 (Effective October 1, 2008) Restricted use pesticides prohibited; exceptions; training required...
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; ...

3.2-3930 (Effective October 1, 2008) Application and certification of commercial applicators.
A. No person shall use (except under supervised conditions of training for certification) or supervise the use of any pesticide in exchange for compensation of ...

3.2-3931 (Effective October 1, 2008) Agencies or persons exempt or partially exempt.
A. All state agencies, municipal corporations, or other governmental agencies shall be exempt from any certification fees prescribed by this article, but remain subject to ...

3.2-3932 (Effective October 1, 2008) Application and certification of private applicators.
A. It is unlawful to use or supervise the use of any pesticide classified for restricted use on any property, unless the applicator: (i) has ...

3.2-3933 (Effective October 1, 2008) Certificate renewals; late fee for delinquent renewals; reexamination...
A. If the application for renewal of any certificate provided for in this article is not filed prior to a date established by the Board, ...

3.2-3934 (Effective October 1, 2008) Reciprocal agreement.
The Commissioner may issue a certificate on a reciprocal basis to a nonresident who is licensed or certified in another state or by a federal ...

3.2-3935 (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 ...

3.2-3936 (Effective October 1, 2008) Sale and application of tributyltin compounds.
A. Except as otherwise provided in this section, it is unlawful to distribute, possess, sell or offer for sale, apply or offer for use or ...

3.2-3937 (Effective October 1, 2008) Educational programs.
The State Water Control Board, the Board of Game and Inland Fisheries, the Virginia Marine Resources Commission, the Virginia Institute of Marine Science, and the ...

3.2-3938 (Effective October 1, 2008) Misbranded pesticides.
Any pesticide or device is misbranded if: 1. Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients that is ...

3.2-3939 (Effective October 1, 2008) Violations generally.
A. It is unlawful for any person to manufacture, distribute, sell, offer for sale, use or offer for use: 1. Any pesticide not registered pursuant ...

3.2-3940 (Effective October 1, 2008) Administrative violations.
A. In addition to imposing civil penalties and referring violations for criminal prosecution, the Board may deny, suspend, modify, or revoke a license after providing ...

3.2-3941 (Effective October 1, 2008) Exemptions from penalties.
The penalties provided for violations of subsection A of § 3.2-3939 and § 3.2-3940 shall not apply to: 1. Any carrier transporting pesticides if such ...

3.2-3942 (Effective October 1, 2008) Right of entry; warrant requirements; procedure.
A. The Commissioner may enter any public or private premises operating as a pesticide business at reasonable times, with the consent of the owner or ...

3.2-3943 (Effective October 1, 2008) Civil penalties; procedure.
A. Any person violating this chapter or regulations adopted hereunder may be assessed a civil penalty by the Board. In determining the amount of any ...

3.2-3944 (Effective October 1, 2008) "Stop-sale or removal" orders; "stop-use" orders; judicial review...
A. When the Commissioner has reason to believe that a pesticide is being offered for sale or use or is being used in violation of ...

3.2-3945 (Effective October 1, 2008) Seizure, condemnation, and sale.
Any lot of pesticide in violation of this chapter shall be subject to seizure on complaint of the Commissioner to the circuit court in the ...

3.2-3946 (Effective October 1, 2008) Proceedings in case of violations.
A. If the examination of laboratory results or other evidence collected during an investigation appears to show a violation of this chapter or any of ...

3.2-3947 (Effective October 1, 2008) Penalties.
A. Except as otherwise provided, any person who knowingly violates any provisions of this chapter or regulations adopted hereunder is guilty of a Class 1 ...