reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part III - Categories of Pesticide Applicator Certification › Section 2VAC5-685-70 - Categories for commercial applicator certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Commercial applicators must be certified
				  in one or more of the following commercial applicator categories or
				  subcategories:
1. Agricultural pest control.
a. Agricultural plant pest control. This
				  subcategory is for commercial applicators who will be using or supervising the
				  use of pesticides in production of agricultural crops, or on grasslands, or
				  noncrop agricultural lands.
b.
				  Agricultural animal pest control. This subcategory is for commercial
				  applicators who will be using or supervising the use of pesticides on
				  agriculturally related animals.
c.
				  Fumigation of soil and agricultural products. This subcategory is for
				  commercial applicators who will be using or supervising the use of pesticides
				  for soil fumigation in production of an agricultural commodity and the
				  application of pesticides for fumigation of agricultural products.
d. Chemigation. This subcategory is for
				  commercial applicators who will be using or supervising the use of pesticides
				  through an irrigation system.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part III - Categories of Pesticide Applicator Certification › Section 2VAC5-685-80 - Categories for private applicator certification

Current through Register Vol. 40, No. 24, July 15, 2024
Private applicators who apply or supervise the application
					 of restricted use pesticides shall be certified in one or more of the following
					 categories:
1. Category 86: Single
				  product certification. Includes private applicator applicants who are seeking
				  authorization to apply a single identified restricted use product or related
				  restricted use products with the same active ingredient and with a similar
				  formulation and use. This category is intended for limited use under special or
				  emergency circumstances as identified by the board.
2. Category 87: Limited certificate - single
				  product or single use. Includes private applicator applicants who are seeking
				  authorization to apply a single restricted use pesticide for a single
				  identified purpose. This category is intended for limited use under special or
				  emergency circumstances as identified by the board on a case-by-case
				  basis.
3. Category 90: Agricultural
				  commodity production - food, fiber, and forestry products, and commodity
				  production. Includes private applicators who use or supervise the use of
				  restricted use pesticides (i) in the production of agricultural crops,
				  including fumigation and chemigation; (ii) on forestry products; (iii) on
				  animals; (iv) in places where animals are confined; (v) for the control of
				  vertebrate pests of agricultural crops and livestock animals; (vi) in the
				  production of agricultural commodities; and (vii) for the fumigation of
				  agricultural products.
4. Category
				  91: Ornamental production. Includes private applicators who use or supervise
				  the use of restricted use pesticides to control pests in (i) tree nurseries,
				  (ii) shrub nurseries, (iii) ornamental plant nurseries, (iv) flower nurseries,
				  (v) greenhouses used for breeding and growing ornamental plants, (vi)
				  irrigation systems, and (vii) ornamental production using fumigants.
Statutory Authority: § 3.2-3906 of the Code of
						Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IV - Knowledge Required for Certification of Pesticide Applicators › Section 2VAC5-685-90 - Determination of general knowledge and qualifications for private and commercial applicators and registered technicians

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall be tested on their
				  knowledge and qualifications concerning the use and handling of pesticides. The
				  examination will test the applicants' general knowledge required for all
				  categories, and the additional knowledge specifically required for each
				  category or subcategory in which an applicator desires to be
				  certified.
B. All applicants for
				  certification as private or commercial applicators or registered technicians
				  shall demonstrate practical knowledge of the principles and practices of pest
				  control and the safe use of pesticides, as contained in a basic pesticide
				  applicator certification training core manual. Testing will be based on
				  problems and situations in the following areas:
1. Federal and Commonwealth of Virginia
				  pesticide laws and regulations;
2.
				  Understanding and interpreting pesticide labels;
3. Handling of accidents and
				  incidents;
4. Proper methods of
				  storing, mixing, loading, transporting, handling, applying, and disposing of
				  pesticides;
5. Safety and health,
				  including proper use of personal protective equipment;
6. Potential adverse effects caused by the
				  application of pesticides under various climatic or environmental conditions,
				  such as drift from the target area, pesticide run-off, groundwater and drinking
				  water contamination, and hazard to endangered species; and
7. Recognizing common pests and general pest
				  biology.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IV - Knowledge Required for Certification of Pesticide Applicators › Section 2VAC5-685-100 - Specific knowledge required for the categories of commercial applicators

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants for commercial applicator certification shall
					 possess the skills and knowledge associated with the chosen category(s) as they
					 pertain to those items listed in
					 2VAC5-685-90 B 1 through 6,
					 including recognizing category specific pests and their biology as contained in
					 the appropriate Virginia category specific training
					 manual(s).
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IV - Knowledge Required for Certification of Pesticide Applicators › Section 2VAC5-685-110 - Specific knowledge required for the categories of private applicators

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants for private applicator certification shall
					 possess the skills and knowledge associated with the chosen category(s) as they
					 pertain to those items listed in
					 2VAC5-685-90 B 1 through 6,
					 including recognizing category specific pests and their biology as contained in
					 a Virginia category specific certification training
					 manual(s).
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IV - Knowledge Required for Certification of Pesticide Applicators › Section 2VAC5-685-120 - Specific knowledge required for registered technicians

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the skills and knowledge required in
					 2VAC5-685-90 B 1 through 6, the
					 applicant shall obtain the required amount of on-the-job training as discussed
					 in 2VAC5-685-50.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part V - Renewal of Certification and Certificates › Section 2VAC5-685-130 - Renewal of certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  certified private or commercial applicator or registered technician who desires
				  to renew his certification shall do so biennially for the category or
				  subcategory for which he is certified. A certified private or commercial
				  applicator or registered technician must first attend board-approved
				  recertification courses and submit proof of attendance at such courses or be
				  reexamined in basic pesticide safety and the categories desired for
				  recertification. In addition to the requirement in this subsection, commercial
				  applicators and registered technicians shall also submit an application for
				  renewal before the commissioner will renew their certification.
B. A certified commercial applicator or
				  registered technician must complete a board-approved recertification course
				  that, at a minimum, addresses the following topics:
1. Legal aspects including:
a. A reminder to follow label directions
				  including those on use, storage, disposal, and transportation;
b. A review of possible consequences of
				  violating the law;
c. A reminder
				  that restricted use pesticides purchased under an applicator's certificate
				  number must be for use by certified commercial applicators only;
d. A review of a certified commercial
				  applicator's responsibilities in supervising the use of restricted use
				  pesticides by noncertified applicators; and
e. A review of recordkeeping responsibilities
				  of certified commercial applicators for restricted use pesticide applications;
				  and
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part V - Renewal of Certification and Certificates › Section 2VAC5-685-140 - Reexamination

Current through Register Vol. 40, No. 24, July 15, 2024
Reexamination or special examination will be required by
					 the board of any commercial applicator or registered technician under the
					 following circumstances:
1.
				  Certificate has been suspended or revoked;
2. Significant technological advances have
				  occurred in the category or subcategory for which the applicator or registered
				  technician has been certified, requiring additional knowledge;
3. Additional standards established by the
				  EPA require reexamination;
4.
				  Commercial applicator or registered technician desires certification in an
				  additional category; or
5.
				  Regulations require reexamination.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part VI - Suspension and Revocation of Certificates › Section 2VAC5-685-150 - Summary suspension by commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may summarily suspend the
				  certificate of any person without a hearing if he finds there is any
				  substantial danger, or threat of substantial danger, to the public health,
				  safety, or environment which warrants the summary suspension. The commissioner
				  shall schedule a hearing for a date not exceeding five working days after the
				  date of the summary suspension.
B.
				  No person whose certificate has been suspended may engage in the activity for
				  which he had been certified.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part VI - Suspension and Revocation of Certificates › Section 2VAC5-685-160 - Revocation of certificate by the board

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may, after opportunity for a
				  hearing, deny, suspend, revoke or modify a certificate upon any violation of
				  any act set out in § 3.2-3940B of the Code of Virginia.
B. If the board imposes a civil penalty upon
				  a person and such civil penalty is not paid within 60 days thereof, the
				  certificate of such person shall automatically be suspended until payment in
				  full is made. If the person appeals the board's order imposing the civil
				  penalty, then the person may forward the proposed amount of the civil penalty
				  to the commissioner's office for placement in an interest-bearing trust account
				  in the State Treasurer's office. Upon such an amount being held, the suspension
				  shall not be imposed or shall be lifted, as the case may be. This provision
				  relates only to a suspension caused by a failure to pay the civil penalty and
				  does not affect any suspension or revocation of a certificate for any other
				  reason.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part VII - Reporting of Pesticide Accidents, Incidents, or Loss › Section 2VAC5-685-170 - Reporting of pesticide accidents and incidents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certified commercial or private
				  applicators or registered technicians shall report any pesticide accident or
				  incident in which they are involved that constitutes a threat to any person, to
				  public health or safety, or to the environment, as a result of the use or
				  presence of any pesticide. The accident or incident shall be reported whether
				  or not a restricted use pesticide is involved.
B. When the accident or incident involves a
				  discharge or spillage of a pesticide, the certified commercial or private
				  applicator or registered technician shall contact the department for guidance
				  to determine whether the discharged or spilled amount is a reportable
				  quantity.
C. The certified
				  commercial or private applicator or registered technician shall make the
				  initial notification to the department's Office of Pesticide Services by
				  telephone within a reasonable time, not to exceed 48 hours after the accident
				  or incident occurrence, should circumstances prevent immediate notification.
				  The certified commercial or private applicator or registered technician shall
				  prepare and submit a written report of the accident or incident to the Office
				  of Pesticide Services within 10 working days after the initial notification.
				  The report shall include the following:
1.
				  Name of individuals involved in accident or incident;
2. Name of pesticide involved;
3. Quantity of pesticide spilled and
				  containment procedures;
4. Time,
				  date, and location of accident or incident;
5. Mitigating actions taken; and
6. Name, or description if unnamed, and
				  location of bodies of water nearby where contamination of such bodies of water
				  could reasonably be expected to occur due to natural or manmade
				  actions.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part VIII - Reciprocal Agreement › Section 2VAC5-685-180 - Issuance of a certificate on a reciprocal basis

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person who is currently certified by
				  another state or by a federal agency may make written application to the
				  commissioner, or his duly authorized agent, for issuance of a certificate on a
				  reciprocal basis without examination, in accordance with § 3.2-3934 of the
				  Code of Virginia. Along with his written application, an applicant shall either
				  (i) present an original certificate issued by the state of origin or issued by
				  a federal agency or (ii) request that the state of origin or federal agency
				  send an attested copy of the applicant's certification directly to the
				  commissioner or his duly authorized agent.
The applicant shall either include a document granting
					 power of attorney to a resident of Virginia to receive process or provide proof
					 that the applicant has appointed a registered agent under the laws of the
					 Commonwealth. Reciprocal certification shall not be granted based on reciprocal
					 certification issued in another state.
B. Any certificate issued on a reciprocal
				  basis may be suspended in the same manner and on the same grounds as a Virginia
				  certificate pursuant to the provisions of Chapter 39 (§ 3.2-3900 et seq.)
				  of Title 3.2 of the Code of Virginia. A certificate issued on a reciprocal
				  basis may also be suspended if the nonresident's original certificate or
				  federal certification is suspended or revoked.
Statutory Authority: § 3.2-3906 of the Code of
						Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part VIII - Reciprocal Agreement › Section 2VAC5-685-190 - Reciprocal recertification

Current through Register Vol. 40, No. 24, July 15, 2024
Reciprocal recertification shall be granted to out-of-state
					 applicators if they:
(i) maintain
				  certification in their home state;
(ii) provide proof of current certification
				  to the commissioner prior to the date of Virginia certification expiration;
(iii) are currently certified in a
				  state that grants reciprocal recertification to Virginia applicators in like
				  categories; and
(iv) have met all
				  other Virginia requirements for recertification.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IX - Recordkeeping › Section 2VAC5-685-200 - General recordkeeping requirements for commercial applicators not for hire and registered technicians not for hire

Current through Register Vol. 40, No. 24, July 15, 2024
A. Commercial applicators not for hire and
				  registered technicians not for hire, being exempt from the pesticide business
				  license requirement of the board and the recordkeeping requirements under this
				  license, are required to maintain pesticide application records as prescribed
				  in this chapter. These records shall be maintained by the commercial applicator
				  not for hire and the registered technician not for hire for a period of two
				  years.
B. Records governed by this
				  regulation shall be made available for inspection by the commissioner, or his
				  duly authorized agent, during normal business hours upon written request.
				  Records not readily available shall be submitted to the commissioner within 72
				  hours, if so requested in writing.
C. Persons possessing records governed by
				  this part shall fully comply with the requirements contained in 7 USC §
				  136f and regulations adopted pursuant thereto.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IX - Recordkeeping › Section 2VAC5-685-210 - Specific recordkeeping requirements for commercial applicators not for hire and registered technicians not for hire

Current through Register Vol. 40, No. 24, July 15, 2024
Commercial applicators not for hire and registered
					 technicians not for hire shall maintain a record of each pesticide applied,
					 containing the following:
1. Name of
				  property owner, address or location, and, as applicable, phone number of the
				  site of application;
2. Name and
				  certification number (or certification number of the supervising certified
				  applicator) of the person making the application;
3. Day, month, and year of
				  application;
4. Type of plants,
				  crops, animals, or sites treated and principal pests to be
				  controlled;
5. Acreage, area, or
				  number of plants or animals treated;
6. Brand name or common product name of
				  pesticide used;
7. EPA registration
				  number;
8. Amounts of pesticide
				  concentrate and amount of diluent used, by weight or volume, in mixture
				  applied; and
9. Type of application
				  equipment used.
Statutory Authority
§ 3.2-3906 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 685 - REGULATIONS GOVERNING PESTICIDE APPLICATOR CERTIFICATION UNDER AUTHORITY OF VIRGINIA PESTICIDE CONTROL ACT › Part IX - Recordkeeping › Form - FORMS (2VAC5-685)

Current through Register Vol. 40, No. 24, July 15, 2024
Commercial
					 Pesticide Applicator Certification Application - A, Form VDACS-07211 (rev.
					 7/2019)
Commercial
					 Pesticide Applicator Request for Authorization to Take Pesticide Applicator
					 Examination - B, Form VDACS-07218 (rev. 7/2019)
Commercial Pesticide Applicator Certification Exam bubble
					 answer sheet, 2003
Private Pesticide Applicator Certification Exam bubble
					 answer sheet, 2003
Private Pesticide Applicator Request for Authorization to
					 Take Pesticide Applicator Examination at Department of Motor Vehicles Customer
					 Service Center (eff. 1/2009)
Power of Attorney (rev. 9/2016)
Proof of Additional Category Specific Training for
					 Registered Technicians (rev. 8/2016)
Application
					 for Reciprocal Pesticide Applicator Certificate, Form VDACS-07210 (rev.
					 7/2019)
Pesticide
					 Registered Technician Application Form - RT-A, Form VDACS-07212-A (rev.
					 7/2019)
Pesticide
					 Registered Technician Request for Authorization to Take Pesticide Applicator
					 Examination - RT-B, Form VDACS-07212-B (rev. 7/2019)
Statutory Authority: § 3.2-3906 of the Code of
						Virginia.
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 2VAC5-690-10 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter establishes standards and requirements for
				  pesticide containers, repackaging pesticides, and pesticide containment
				  structures.
Statutory Authority: § 3.2-3906 of the Code of
					 Virginia; 40 CFR Part 165.
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 › Part II - Nonrefillable Container Standards: Container Design and Residue Removal › Section 2VAC5-690-30 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  regulations in Part II (2VAC5-690-30 et seq.)
				  of this chapter establish design and construction requirements for
				  nonrefillable containers used for the distribution or sale of some pesticide
				  products.
B. A registrant who
				  distributes or sells a pesticide product in nonrefillable containers must
				  comply with the regulations in Part II of this chapter. A registrant whose
				  pesticide product is subject to the regulations in Part II of this chapter as
				  set out in 2VAC5-690-40 must distribute or
				  sell the pesticide product in a nonrefillable container that meets the
				  standards of these regulations.
Statutory Authority: § 3.2-3906 of the Code of
						Virginia; 40 CFR Part 165.
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 › Part II - Nonrefillable Container Standards: Container Design and Residue Removal › Section 2VAC5-690-40 - Scope of pesticide products included

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  regulations in Part II (2VAC5-690-30 et seq.)
				  of this chapter do not apply to manufacturing use products, as defined in
				  40 CFR
				  158.153(h).
B. The regulations in Part II of this chapter
				  do not apply to plant-incorporated protectants, as defined in
				  40 CFR
				  174.3.
C. The regulations in Part II of this chapter
				  do not apply to a pesticide product if it satisfies all of the following
				  conditions:
1. The pesticide product meets one
				  of the following two criteria:
a. The
				  pesticide product is an antimicrobial pesticide as defined in § 2(mm) of
				  FIFRA ( 7 USC § 136(mm) ); or
b. The pesticide product (i) is intended to
				  disinfect, sanitize, reduce, or mitigate growth or development of
				  microbiological organisms or protect inanimate objects, industrial processes or
				  systems, surfaces, water, or other chemical substances from contamination,
				  fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae,
				  or slime and (ii) in the intended use is subject to a tolerance under §
				  408 of the Federal Food, Drug, and Cosmetic Act ( 21 USC § 346a ) or a
				  food additive regulation under § 409 of the Federal Food, Drug, and
				  Cosmetic Act ( 21 USC § 348 ).
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 › Part II - Nonrefillable Container Standards: Container Design and Residue Removal › Section 2VAC5-690-50 - Nonrefillable container standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. In this
				  section, the term "pesticide product" or "pesticide" refers only to a pesticide
				  product or a pesticide that is subject to the regulations in Part II of this
				  chapter as described in
				  2VAC5-690-40.
B. A pesticide product that does not meet the
				  definition of a hazardous material in
				  49 CFR
				  171.8 must be packaged in a nonrefillable
				  container that, if portable, is designed, constructed, and marked to comply
				  with the requirements of 49
				  CFR 173.4,
				  49 CFR
				  173.5,
				  49 CFR
				  173.6,
				  49 CFR
				  173.24,
				  49 CFR
				  173.24a,
				  49 CFR
				  173.24b,
				  49 CFR
				  173.28,
				  49 CFR
				  173.155,
				  49 CFR
				  173.203,
				  49 CFR
				  173.213,
				  49 CFR
				  173.240(c),
				  49 CFR
				  173.240(d),
				  49 CFR
				  173.241(c),
				  49 CFR
				  173.241(d), 49 CFR Part 178,
				  and 49 CFR Part 180 that are applicable to a Packing Group III material, or, if
				  subject to a special permit, according to the applicable requirements of 49 CFR
				  Part 107 Subpart B. The requirements in this subsection apply to the pesticide
				  product as it is packaged for transportation in commerce.
C. A registrant's nonrefillable containers
				  must comply with the following standards if the registrant's pesticide product
				  is a USDOT hazardous material as defined in
				  49 CFR
				  171.8:
1.
				  The USDOT requires the pesticide product to be packaged according to 49 CFR
				  Part 171 through 49 CFR Part 180 or, if subject to a special permit, according
				  to the applicable requirements of 49 CFR Part 107 Subpart B.
2. The pesticide product must be packaged in
				  a nonrefillable container that, if portable, is designed, constructed, and
				  marked to comply with the requirements of 49 CFR Part 171 through 49 CFR Part
				  180 or, if subject to a special permit, according to the applicable
				  requirements of 49 CFR Part 107 Subpart B. The requirements in this subdivision
				  apply to the pesticide product as it is packaged for transportation in
				  commerce.
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 › Part III - Refillable Container Standards: Container Design › Section 2VAC5-690-70 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  regulations in Part III (2VAC5-690-70 et seq.) of this
				  chapter establish design and construction requirements for refillable
				  containers used for the distribution or sale of some pesticide
				  products.
B. The following persons
				  must comply with the regulations in Part III of this chapter as follows:
1. A registrant must comply with all of the
				  regulations in Part III of this chapter if the registrant distributes or sells
				  a pesticide product in refillable containers. If the pesticide product is
				  subject to the regulations in Part III of this chapter as set out in
				  2VAC5-690-80, the pesticide product
				  must be distributed or sold in a refillable container that meets the standards
				  of these regulations. This includes pesticide products that are repackaged
				  according to Part IV (2VAC5-690-110 et seq.)
				  of this chapter.
2. A refiller must
				  comply with the regulations in
				  2VAC5-690-90 G for stationary
				  pesticide containers if the refiller is not the registrant of the pesticide
				  product. If the pesticide product is subject to the regulations in Part III of
				  this chapter as set out in
				  2VAC5-690-80, the stationary
				  pesticide containers used to distribute or sell the product must meet the
				  standards of
				  2VAC5-690-90 G.
3. For a refiller of a pesticide product who
				  is not a registrant of the pesticide product,
				  2VAC5-690-90 C provides an
				  exemption from some of the requirements in
				  2VAC5-690-90 B.
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 › Part III - Refillable Container Standards: Container Design › Section 2VAC5-690-80 - Scope of pesticide products included

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  regulations in Part III (2VAC5-690-70 et seq.) of this
				  chapter do not apply to manufacturing use products as defined in
				  40 CFR
				  158.153(h).
B. The regulations in Part III of this
				  chapter do not apply to plant-incorporated protectants as defined in
				  40 CFR
				  174.3.
C. The regulations in Part III of this
				  chapter do not apply to a pesticide product if it satisfies all of the
				  following conditions:
1. The pesticide product
				  meets one of the following two criteria:
a.
				  The pesticide product is an antimicrobial pesticide as defined in § 2(mm)
				  of FIFRA ( 7 USC § 136(mm) ); or
b. The pesticide product (i) is intended to
				  disinfect, sanitize, reduce, or mitigate growth or development of
				  microbiological organisms or protect inanimate objects, industrial processes or
				  systems, surfaces, water, or other chemical substances from contamination,
				  fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae,
				  or slime; and (ii) in the intended use is subject to a tolerance under §
				  408 of the Federal Food, Drug, and Cosmetic Act ( 21 USC § 346a ) or a
				  food additive regulation under § 409 of the Federal Food, Drug, and
				  Cosmetic Act ( 21 USC § 348 ).
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 › Part III - Refillable Container Standards: Container Design › Section 2VAC5-690-90 - Refillable container standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. In this
				  section, the term "pesticide product" or "pesticide" refers only to a pesticide
				  product or a pesticide that is subject to the regulations in Part III of this
				  chapter as described in
				  2VAC5-690-80 A through F.
B. A pesticide product that does not meet the
				  definition of a hazardous material in
				  49 CFR
				  171.8 must be packaged in a refillable
				  container that, if portable, is designed, constructed, and marked to comply
				  with the requirements of 49
				  CFR 173.4,
				  49 CFR 173.5,
				  49 CFR
				  173.6,
				  49 CFR 173.24,
				  49 CFR
				  173.24a,
				  49 CFR 173.24b,
				  49 CFR
				  173.28,
				  49 CFR 173.155,
				  49 CFR
				  173.203,
				  49 CFR 173.213,
				  49 CFR
				  173.240(c),
				  49 CFR 173.240(d),
				  49 CFR
				  173.241(c),
				  49 CFR 173.241(d), 49 CFR Part
				  178, and 49 CFR Part 180 that are applicable to a Packing Group III material,
				  or, if subject to a special permit, according to the applicable requirements of
				  49 CFR Part 107 Subpart B. The requirements in this subsection apply to the
				  pesticide product as it is packaged for transportation in commerce.
C. A refiller is not required to comply with
				  49 CFR
				  173.28(b)(2) for pesticide
				  products that are not USDOT hazardous materials if the refillable container to
				  be reused complies with the refillable container regulations in Part III
				  (2VAC5-690-70 et seq.) of this
				  chapter and the refilling is done in compliance with the repackaging
				  regulations in Part IV (2VAC5-690-110 et seq.)
				  of this chapter.
D. A registrant's
				  refillable containers must comply with the following standards if the
				  registrant's pesticide product is a USDOT hazardous material as defined in
				  49 CFR
				  171.8:
1.
				  The USDOT requires the pesticide product to be packaged according to 49 CFR
				  Part 171 through 49 CFR Part 180 or, if subject to a special permit, according
				  to the applicable requirements of 49 CFR Part 107 Subpart B.
2. The pesticide product must be packaged in
				  a refillable container that, if portable, is designed, constructed, and marked
				  to comply with the requirements of 49 CFR Part 171 through 49 CFR Part 180 or,
				  if subject to a special permit, according to the applicable requirements of 49
				  CFR Part 107 Subpart B. The requirements in this subsection apply to the
				  pesticide product as it is packaged for transportation in commerce.
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 › Part III - Refillable Container Standards: Container Design › Section 2VAC5-690-100 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
In this section, the term "pesticide product" or
					 "pesticide" refers only to a pesticide product or a pesticide that is subject
					 to the regulations in Part III of this chapter as described in
					 2VAC5-690-80 A through F.
A registrant is not required to report to VDACS information
					 about the refillable containers under the regulations in Part III
					 (2VAC5-690-70 et seq.) of this
					 chapter. A registrant should refer to the reporting standards in 40 CFR Part
					 159 to determine if information on container failures or other incidents
					 involving pesticide containers must be reported to EPA under § 6(a)(2) of
					 FIFRA ( 7 USC § 136d(a)(2) ).
Statutory Authority: § 3.2-3906 of the Code of
						Virginia; 40 CFR Part 165.
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 › Part IV - Standards for Repackaging Pesticide Products into Refillable Containers › Section 2VAC5-690-110 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  regulations in Part IV (2VAC5-690-110 et seq.)
				  of this chapter establish requirements for repackaging some pesticide products
				  into refillable containers for distribution or sale.
B. The following persons must comply with the
				  regulations in Part IV of this chapter:
1. A
				  registrant who distributes or sells a pesticide product in refillable
				  containers;
2. A registrant who
				  distributes or sells pesticide products to a refiller that is not part of the
				  registrant's company for repackaging into refillable containers; or
3. A refiller of a pesticide product that is
				  not the registrant of the pesticide product.
Each pesticide product that is subject to the regulations
					 in Part IV of this chapter as set out in
					 2VAC5-690-120 and that is
					 distributed or sold in a refillable container must be distributed or sold in
					 compliance with the standards of these regulations.
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 › Part IV - Standards for Repackaging Pesticide Products into Refillable Containers › Section 2VAC5-690-120 - Scope of pesticide products included

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  regulations in Part IV (2VAC5-690-110 et seq.)
				  of this chapter do not apply to manufacturing use products as defined in
				  40 CFR
				  158.153(h).
B. The regulations in Part IV of this chapter
				  do not apply to plant-incorporated protectants as defined in
				  40 CFR
				  174.3.
C. The regulations in Part IV of this chapter
				  do not apply to a pesticide product if it satisfies all of the following
				  conditions:
1. The pesticide product meets one
				  of the following two criteria:
a. The
				  pesticide product is an antimicrobial pesticide as defined in § 2(mm) of
				  FIFRA ( 7 USC § 136(mm) ); or
b. The pesticide product (i) is intended to
				  disinfect, sanitize, reduce, or mitigate growth or development of
				  microbiological organisms or protect inanimate objects, industrial processes or
				  systems, surfaces, water, or other chemical substances from contamination,
				  fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae,
				  or slime; and (ii) in the intended use is subject to a tolerance under §
				  408 of the Federal Food, Drug, and Cosmetic Act ( 21 USC § 346a ) or a
				  food additive regulation under § 409 of the Federal Food, Drug, and
				  Cosmetic Act ( 21 USC § 348 ).
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 › Part IV - Standards for Repackaging Pesticide Products into Refillable Containers › Section 2VAC5-690-130 - Registrants who distribute or sell pesticide products in refillable containers

Current through Register Vol. 40, No. 24, July 15, 2024
A. In this
				  section, the term "pesticide product" or "pesticide" refers only to a pesticide
				  product or a pesticide that is subject to the regulations in Part IV of this
				  chapter as described in
				  2VAC5-690-120 A through
				  G.
B. Any registrant who
				  distributes or sells pesticide products in refillable containers and any
				  registrant who conducts all of the repackaging for a pesticide product and does
				  not distribute or sell the pesticide product to a refiller that is not part of
				  the registrant's company for repackaging into refillable containers must comply
				  with this section. Any registrant that repackages a product directly into
				  refillable containers for sale or distribution and also sells or distributes
				  other quantities of that product to an independent refiller for repackaging
				  must meet the requirements in this section for those quantities the registrant
				  distributes or sells directly and the requirements in
				  2VAC5-690-140 for those quantities
				  that the registrant distributes or sells to an independent refiller.
C. A registrant is responsible for the
				  pesticide product that the registrant distributes or sells in refillable
				  containers not being adulterated or different from the composition described in
				  its confidential statement of formula that is required under § 3 of FIFRA
				  ( 7 USC § 136a ).
D. For each
				  pesticide product distributed or sold in refillable containers, the registrant
				  must develop both of the following documents in writing.
1. The registrant must develop a refilling
				  residue removal procedure that describes how to remove pesticide residue from a
				  refillable container (portable or stationary pesticide container) before it is
				  refilled.
a. The refilling residue removal
				  procedure must be adequate to ensure that the composition of the pesticide
				  product does not differ at the time of its distribution or sale from the
				  composition described in its confidential statement of formula that is required
				  under § 3 of FIFRA ( 7 USC § 136a ).
b. If the refilling residue removal procedure
				  requires the use of a solvent other than the diluent used for applying the
				  pesticide as specified on the labeling under "Directions for Use," or if there
				  is no diluent used for application, the refilling residue removal procedure
				  must describe how to manage any rinsate resulting from the procedure in
				  accordance with applicable federal and state regulations.
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 › Part IV - Standards for Repackaging Pesticide Products into Refillable Containers › Section 2VAC5-690-140 - Registrants who distribute or sell pesticide products to refillers for repackaging

Current through Register Vol. 40, No. 24, July 15, 2024
A. In this
				  section, the term "pesticide product" or "pesticide" refers only to a pesticide
				  product or a pesticide that is subject to the regulations in Part IV of this
				  chapter as described in
				  2VAC5-690-120 A through
				  G.
B. A registrant who distributes
				  or sells pesticide products to a refiller that is not part of the registrant's
				  company for repackaging into refillable containers must comply with the
				  standards in this section.
C. A
				  registrant may allow a refiller to repackage the registrant's pesticide product
				  into refillable containers and to distribute or sell such repackaged product
				  under the registrant's existing registration if all of the following conditions
				  are satisfied:
1. The repackaging results in
				  no change to the pesticide formulation.
2. One of the following conditions regarding
				  a registered refilling establishment is satisfied:
a. The pesticide product is repackaged at a
				  refilling establishment registered with EPA as required by
				  40 CFR
				  167.20.
b. The pesticide product is repackaged by a
				  refilling establishment registered with EPA as required by
				  40 CFR
				  167.20 at the site of a user who intends to
				  use or apply the product.
3. The registrant has entered into a written
				  contract with the refiller to repackage the pesticide product and to use the
				  label of the registrant's pesticide product.
4. The pesticide product is repackaged only
				  into refillable containers that meet the standards of Part III (2VAC5-690-70 et seq.) of this
				  chapter.
5. The pesticide product
				  is labeled with the product's label with no changes except the addition of an
				  appropriate net contents statement and the refiller's EPA establishment
				  number.
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 › Part IV - Standards for Repackaging Pesticide Products into Refillable Containers › Section 2VAC5-690-150 - Refillers who are not registrants

Current through Register Vol. 40, No. 24, July 15, 2024
A. In this
				  section, the term "pesticide product" or "pesticide" refers only to a pesticide
				  product or a pesticide that is subject to the regulations in Part IV of this
				  chapter as described in
				  2VAC5-690-120 A through
				  G.
B. A refiller of a pesticide
				  product that is not the registrant of the pesticide product must comply with
				  the standards in this section.
C. A
				  registrant may allow a refiller to repackage the registrant's pesticide product
				  into refillable containers and to distribute or sell such repackaged product
				  under the registrant's existing registration if all of the following conditions
				  are satisfied:
1. The repackaging results in
				  no change to the pesticide formulation.
2. One of the following conditions regarding
				  a registered refilling establishment is satisfied:
a. The pesticide product is repackaged at a
				  refilling establishment registered with EPA as required by
				  40 CFR
				  167.20.
b. The pesticide product is repackaged by a
				  refilling establishment registered with EPA as required by
				  40 CFR
				  167.20 at the site of a user who intends to
				  use or apply the product.
3. The registrant has entered into a written
				  contract with the refiller to repackage the pesticide product and to use the
				  label of the registrant's pesticide product.
4. The pesticide product is repackaged only
				  into refillable containers that meet the standards of Part III (2VAC5-690-70 et seq.) of this
				  chapter.
5. The pesticide product
				  is labeled with the product's label with no changes except the addition of an
				  appropriate net contents statement and the refiller's EPA establishment
				  number.
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 › Part V - Standards for Pesticide Containment Structures › Section 2VAC5-690-160 - vGeneral provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  purpose of the containment regulations in Part V (2VAC5-690-160 et seq.) of this
				  chapter is to protect human health and the environment from exposure to
				  agricultural pesticides that may spill or leak from stationary pesticide
				  containers. This protection is achieved by the construction of secondary
				  containment units or pads at certain facilities handling agricultural
				  pesticides. These regulations will also reduce waste generation associated
				  with:
1. Storage and handling of large
				  quantities of pesticide products.
2. Pesticide dispensing and
				  container-refilling operations.