Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 690 - REGULATIONS FOR PESTICIDE CONTAINERS AND CONTAINMENT UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-690-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Terms used in this chapter have the same meaning as in the
				  Federal Insecticide, Fungicide, Rodenticide Act ( 7 USC § 136 et seq.) and
				  40 CFR Part 152. In addition, as used in this chapter, the following terms
				  shall have the meanings set forth below.
"Agricultural pesticide" means any pesticide product labeled
				  for use in or on a farm, forest, nursery, or greenhouse.
"Appurtenance" means any equipment or device that is used
				  for the purpose of transferring a pesticide from a stationary pesticide
				  container or to any refillable container, including but not limited to hoses,
				  fittings, plumbing, valves, gauges, pumps, and metering devices.
"Capacity" means, as applied to containers, the rated
				  capacity of the container.
"CFR" means the Code of Federal Regulations.
"Container" means any package, can, bottle, bag, barrel,
				  drum, tank, or other containing-device (excluding any application tanks) used
				  to enclose a pesticide. Containers that are used to sell or distribute a
				  pesticide product and that also function in applying the product (such as spray
				  bottles, aerosol cans, and containers that become part of a direct injection
				  system) are considered to be containers for the purposes of this
				  chapter.
"Containment pad" means any structure that is designed and
				  constructed to intercept and contain pesticides, rinsates, and equipment
				  washwater at a pesticide dispensing area.
"Containment structure" means either a secondary containment
				  unit or a containment pad.
"Custom blending" means the service of mixing pesticides to
				  a customer's specifications, usually a pesticide-fertilizer,
				  pesticide-pesticide, or a pesticide-animal feed mixture, when:
1. The blend is prepared to the order of the
				customer and is not held in inventory by the blender;
2. The blend is to be used on the customer's
				property (including leased or rented property);
3. The pesticides used in the blend bear
				end-use labeling directions that do not prohibit use of the product in such a
				blend;
4. The blend is prepared
				from registered pesticides; and
5.
				The blend is delivered to the end-user along with a copy of the end-use
				labeling of each pesticide used in the blend and a statement specifying the
				composition of the mixture.
"Dilutable" means that the pesticide product's labeling
				  allows or requires the pesticide product to be mixed with a liquid diluent
				  prior to application or use.
"Dry pesticide" means any pesticide that is in solid form
				  and that has not been combined with liquids; this includes formulations such as
				  dusts, wettable powders, dry flowables, water-soluble powders, granules, and
				  dry baits.
"EPA" means the U.S. Environmental Protection Agency.
"Establishment" means any site where a pesticidal product,
				  active ingredient, or device is produced, regardless of whether such site is
				  independently owned or operated, and regardless of whether such site is
				  domestic and producing a pesticidal product for export only, or whether the
				  site is foreign and producing any pesticidal product for import into the United
				  States.
"Facility" means all buildings, equipment, structures, and
				  other stationary items that are located on a single site or on contiguous or
				  adjacent sites and that are owned or operated by the same person (or by any
				  person who controls, who is controlled by, or who is under common control with
				  such person).
"FIFRA" means the Federal Insecticide, Fungicide, and
				  Rodenticide Act ( 7 USC § 136 et seq.).
"Nonrefillable container" means a container that is not a
				  refillable container and that is designed and constructed for one-time use and
				  is not intended to be filled again with a pesticide for sale or distribution.
				  Reconditioned containers are considered to be nonrefillable containers.
"One-way valve" means a valve that is designed and
				  constructed to allow virtually unrestricted flow in one direction and no flow
				  in the opposite direction, thus allowing the withdrawal of material from, but
				  not the introduction of material into, a container.
"Operator" means any person in control of, or having
				  responsibility for, the daily operation of a facility at which a containment
				  structure is located.
"Owner" means any person who owns a facility at which a
				  containment structure is required.
"Pesticide compatible as applied to containers" means that
				  the container construction materials will not chemically react with the
				  formulation. A container is not compatible with the formulation if, for
				  example, the formulation:
1. Is
				corrosive to the container;
2.
				Causes softening, premature aging, or embrittlement of the container;
3. Otherwise causes the container to weaken
				or to create the risk of discharge;
4. Reacts in a significant chemical,
				electrolytic, or galvanic manner with the container; or
5. Interacts in a way, such as the active
				ingredient permeating the container wall, that would cause the formulation to
				differ from its composition as described in the statement required in
				connection with its registration under § 3 of FIFRA ( 7 USC § 136a ).
"Pesticide compatible as applied to containment" means that
				  the containment construction materials are able to withstand anticipated
				  exposure to stored or transferred substances without losing the capability to
				  provide the required containment of the same or other substances within the
				  containment area.
"Pesticide dispensing area" means an area in which pesticide
				  is transferred out of or into a container.
"Portable pesticide container" means a refillable container
				  that is not a stationary pesticide container.
"Produce" means to manufacture, prepare, propagate,
				  compound, or process any pesticide, including any pesticide produced pursuant
				  to § 5 of FIFRA ( 7 USC § 136c ), and any active ingredient or
				  device, or to package, repackage, label, relabel, or otherwise change the
				  container of any pesticide or device.
"Producer" means any person, as defined by FIFRA, who
				  produces any pesticide, active ingredient, or device (including packaging,
				  repackaging, labeling, and relabeling).
"Refillable container" means a container that is intended to
				  be filled with pesticide more than once for sale or distribution.
"Refiller" means a person who engages in the activity of
				  repackaging pesticide product into refillable containers. This could include a
				  registrant or a person operating under contract to a registrant.
"Refilling establishment" means an establishment where the
				  activity of repackaging pesticide product into refillable containers
				  occurs.
"Registrant" means the person registering any pesticide
				  pursuant to the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2
				  of the Code of Virginia.
"Repackage" means to transfer a pesticide formulation from
				  one container to another without a change in the composition of the
				  formulation, the labeling content, or the product's EPA registration number for
				  sale or distribution.
"Rinsate" means the liquid resulting from the rinsing of the
				  interior of any equipment or container that has come in direct contact with any
				  pesticide.
"Runoff" means any liquid leaving the target site, including
				  water, pesticide rinsate, and pesticide diluents.
"Secondary containment unit" means any structure, including
				  rigid diking, that is designed and constructed to intercept and contain
				  pesticide spills and leaks and to prevent runoff and leaching from stationary
				  pesticide containers.
"Stationary pesticide container" means a refillable
				  container (i) that is fixed at a single facility or establishment or, if not
				  fixed, remains at the facility or establishment for at least 30 consecutive
				  days and (ii) that holds pesticide during the entire time.
"Suspension concentrate" means a stable suspension of solid
				  particulate active ingredients in a liquid intended for dilution with water
				  before use.
"Tamper-evident device" means a device that can be visually
				  inspected to determine if a container has been opened.
"Transport vehicle" means a cargo-carrying vehicle such as
				  an automobile, van, tractor, truck, semitrailer, tank car, or rail car used for
				  the transportation of cargo by any mode.
"USDOT" means the U.S. Department of Transportation.
"VDACS" means the Virginia Department of Agriculture and
				  Consumer Services.
"Washwater" means the liquid resulting from the rinsing of
				  the exterior of any equipment or containers that have or may have come in
				  direct contact with any pesticide or system maintenance compound, such as oil
				  or antifreeze.