Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 405 - REGULATIONS FOR THE APPLICATION OF FERTILIZER TO NONAGRICULTURAL LANDS › Section 2VAC5-405-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Accident" means an unexpected, undesirable event involving
				  the use of fertilizer or the presence of a fertilizer that adversely affects
				  the environment.
"Agricultural activity" means any activity used in the
				  production of agricultural products for commercial purposes, including farming,
				  feedlots, grazing livestock, poultry raising, dairy farming, and aquaculture
				  activities.
"Agricultural products" means any livestock, aquacultural,
				  poultry, horticultural, floricultural, viticultural, silvicultural, or other
				  farm crops produced for commercial purposes.
"Board" means the Board of Agriculture and Consumer
				  Services.
"Board-approved training" means training offered by a state
				  agency or private entity approved by the board that includes, at a minimum,
				  study and review of course material pertaining to the application of fertilizer
				  on nonagricultural land. Such training shall include testing and certification
				  of the individual's successful completion of the training.
"Certificate" means the document issued to a fertilizer
				  applicator upon satisfactory completion of board-approved training.
"Certification" means the recognition granted by the board to
				  a fertilizer applicator upon satisfactory completion of board-approved
				  training.
"Certified fertilizer applicator" means any individual who
				  has successfully completed board-approved training.
"Commissioner" means the Commissioner of the Department of
				  Agriculture and Consumer Services.
"Contractor-applicator" means any person required to hold a
				  permit to apply any fertilizer pursuant to § 3.2-3608 of the Code of
				  Virginia.
"Department" means the Department of Agriculture and Consumer
				  Services.
"Distribute" means to import, consign, manufacture, produce,
				  compound, mix, blend, or in any way alter the chemical or physical
				  characteristics of a fertilizer, or to offer for sale, sell, barter, warehouse,
				  or otherwise supply fertilizer in the Commonwealth.
"Fertilizer" means any substance containing one or more
				  recognized plant nutrients that is used for its plant nutrient content and that
				  is designed for use, or claimed to have value, in promoting plant growth.
				  Fertilizer does not include unmanipulated animal and vegetable manures, marl,
				  lime, limestone, and other products exempted by regulation.
"Incident" means a definite and separate occurrence or event
				  involving the use of fertilizer or the presence of a fertilizer that adversely
				  affects the environment.
"Individual applicator training" means training provided to
				  individuals by a certified fertilizer applicator or training offered to
				  individuals by any state agency or private entity approved by the board that
				  includes, at a minimum, a study and review of fertilizer equipment calibration;
				  handling of accidents involving fertilizer; proper methods of storing, mixing,
				  loading, transporting, handling, applying, and disposing of fertilizer; and
				  safety and health concerns related to fertilizer, including proper use of
				  personal protective equipment.
"Label" means the display of all written, printed, or graphic
				  matter upon the immediate container or a statement accompanying a fertilizer,
				  including an invoice.
"Lawn fertilizer" means any fertilizer intended for
				  nonagricultural use on newly established turf areas from sod or seed during the
				  first growing season, turf areas being repaired or renovated, and turf areas
				  where soil tests performed within the past three years indicate a nutrient
				  deficiency.
"Lawn maintenance fertilizer" means any fertilizer intended
				  for the nonagricultural routine maintenance of turf.
"Licensee" means the person who receives a license to
				  distribute any fertilizer under the provisions of § 3.2-3606 of the Code
				  of Virginia.
"Nonagricultural land" means land upon which no agricultural
				  activities are conducted and from which no agricultural products are
				  derived.
"Noncertified fertilizer applicator" means either a trained
				  applicator or an untrained applicator, neither of whom has received
				  certification as a certified fertilizer applicator.
"Public sector applicator" means an employee, representative,
				  or agent of a state agency, locality, or other governmental entity who applies
				  fertilizer to nonagricultural lands.
"Trained applicator" means an individual who is not a
				  certified fertilizer applicator but who has successfully completed individual
				  applicator training.
"Turf" means nonagricultural land that is planted as closely
				  mowed, managed grass and includes golf courses, parks, cemeteries, publicly
				  owned lands, and residential, commercial, or industrial property.
"Under the direct on-site supervision of" means the act or
				  process whereby the application of a fertilizer is made by an individual acting
				  under the instructions and control of a certified fertilizer applicator who is
				  responsible for the actions of that person and who is physically present on the
				  land upon which the fertilizer is being applied.
"Untrained applicator" means an individual who is not seeking
				  or has not successfully completed individual applicator training.
"Use of fertilizer" includes application or mixing and
				  handling, transfer, or any act with respect to a particular fertilizer that is
				  consistent with the label directions for that particular
				  fertilizer.
Statutory Authority
§ 3.2-3602.1 of the Code of
					 Virginia.