reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-130 - Exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any pesticide
				specified in
				2VAC5-670-80 that is intended
				solely for use by a textile manufacturer or commercial laundry, cleaner, or
				dyer as a mothproofing agent, or used in the manufacture or processing of
				rubber, glue, or leather goods that would not be suitable for such use if
				colored and that will not come into the hands of the public except when
				incorporated into a fabric and will not be present in these finished goods in
				sufficient quantities to cause injury to any person, shall be exempt from the
				requirements of
				2VAC5-670-80.
B. The following products are exempt from the
				requirements of this chapter:
1. Substances
				described in 40 CFR
				152.6, revised as of July 1, 2015, that are
				excluded from regulation by FIFRA.
2. Products described in
				40 CFR
				152.8, revised as of July 1, 2015, that are
				not pesticides because they are not for use against "pests."
3. Products described in
				40 CFR
				152.10, revised as of July 1, 2015, that are
				not pesticides because they are not intended for a pesticidal
				purpose.
4. Pesticides or classes
				of pesticides described in 40 CFR 152.20, revised as of July
				1, 2015, that are regulated by a federal agency other than the EPA.
5. Treated articles or substances as
				described in 40 CFR
				152.25(a), revised as of
				July 1, 2015. An article or substance treated with or containing a pesticide to
				protect the article or substance itself if the pesticide is registered with the
				EPA for such use.
6. Pheromones and
				pheromone traps as described in
				40 CFR
				152.25(b), revised as of
				July 1, 2015.
7. Preservatives and
				embalming fluids as described in
				40 CFR
				152.25(c), revised as of
				July 1, 2015.
8. Foods as described
				in 40 CFR
				152.25(d), revised as of
				July 1, 2015.
9. Natural cedar as
				described in 40 CFR
				152.25(e), revised as of
				July 1, 2015.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-140 - Declaration of pests

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to those pests defined in Article 1 of the law,
				  the commissioner hereby declares as pests the following forms of plant and
				  animal life and viruses:
1. Mammals,
				including but not limited to dogs, cats, moles, bats, wild carnivores,
				armadillos, and deer;
2. Birds,
				including but not limited to starlings, English sparrows, crows, and
				blackbirds;
3. Fishes, including
				but not limited to the jawless fishes such as the sea lamprey, the
				cartilaginous fishes such as the sharks, and the bony fishes such as the
				carp;
4. Amphibians and reptiles,
				including but not limited to poisonous snakes;
5. Aquatic and terrestrial invertebrates,
				including but not limited to slugs, snails, and crayfish;
6. Roots and other plant parts growing where
				not wanted; and
7. Viruses, other
				than those on or in humans or animals.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-150 - Handling and storage

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall handle, transport, store, display, or
				  distribute pesticides in a manner that may endanger humans and the environment,
				  or food, feed, or any other products that may be transported, stored,
				  displayed, or distributed with the pesticides.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-160 - Disposal

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall dispose of, discard, or store any pesticides
				  or pesticide containers in a manner that may cause injury to humans,
				  vegetation, crops, livestock, wildlife, or pollinating insects or pollute any
				  water supply or waterway. Pesticides or pesticide containers must be disposed
				  of in accordance with all local, state, and federal solid waste and hazardous
				  waste laws and regulations.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-170 - Application and equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				person shall apply, dispense, or use any pesticide in or through any equipment
				or application apparatus unless the equipment or apparatus is in sound
				mechanical condition and capable of satisfactory operation. All pesticide
				application equipment shall be properly equipped to dispense the proper amount
				of material. All pesticide mixing, storage, or holding tanks, whether on
				application equipment or not, shall be leakproof. All spray distribution
				systems shall be leakproof, and any pumps which these systems may have shall be
				capable of operating at sufficient pressure to assure a uniform and adequate
				rate of discharge.
B. All pesticide
				application equipment shall be equipped with cut-off valves and discharge
				orifices to enable the operator to pass over nontarget areas without
				contaminating them. All hoses, pumps, or other equipment used to fill pesticide
				handling, storage, or application equipment shall be fitted with an effective
				valve or device to prevent backflow into water supply systems, streams, lakes,
				other sources of water, or other materials. However, these backflow devices or
				valves are not required for separate water storage tanks used to fill
				agricultural pesticide application equipment by gravity systems when the fill
				spout, tube, or pipe is not allowed to contact or fall below the water level of
				the application equipment being filled, and no other possible means of
				establishing a backsiphon or backflow exists.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-180 - Cancellation authority

Current through Register Vol. 40, No. 24, July 15, 2024
All pesticides that have been canceled or suspended by the
				  United States Government are subject to cancellation in Virginia. No
				  registration shall be revoked or refused until the registrant has been given an
				  opportunity for a hearing by the commissioner. Any appeal of cancellation at
				  the federal level shall not affect cancellation proceedings with this
				  Commonwealth.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-190 - Restricted pesticides

Current through Register Vol. 40, No. 24, July 15, 2024
Unless otherwise specified, federally permitted uses of
				  pesticides will be permitted in Virginia.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-200 - Additional requirements for highly hazardous pesticides

Current through Register Vol. 40, No. 24, July 15, 2024
When the commissioner has evidence that the use of any highly
				  hazardous pesticide will significantly affect the quality of the environment or
				  the health and safety of individual users, nontarget species, or a geographic
				  area, he shall, with the approval of the board, control the distribution, sale
				  and use of the substance by employing one or more of the following regulatory
				  procedures:
1. Registration of sellers
				and users;
2. Records and reports
				on quantities sold and used;
3.
				Sales and use permits;
4.
				Certification of compliance to approved label precautions; and
5. Approved supervision of use.
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 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-210 - Service container labeling

Current through Register Vol. 40, No. 24, July 15, 2024
Containers other than the original registrant's or
				  manufacturer's containers used for the temporary storage or transportation of
				  pesticide concentrates or end-use dilutions, shall bear abbreviated labeling as
				  elaborated below:
PESTICIDE CONCENTRATE
A. If the pesticide to be temporarily stored
				or transported is a concentrate to be further diluted, the container shall bear
				a securely attached label with the following information:
1. Product name (brand names from product
				label);
2. EPA registration number
				(from product label);
3. Name and
				percentage of active ingredient(s) from the product label; and
4. Appropriate signal word; i.e., Poison,
				Danger, Warning, Caution (from product label).
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Section 2VAC5-670-220 - Mixtures

Current through Register Vol. 40, No. 24, July 15, 2024
A. General sale.
1. All pesticide-fertilizer,
				pesticide-pesticide, pesticide-animal feed, and pesticide-animal remedy
				mixtures shall be registered under the requirements of the Virginia Pesticide
				Control Act (§
										3.2-3900 et seq. of the Code of
				Virginia) and this chapter prior to sale or distribution to or use by the
				public. All bulk containers shall bear the registered pesticide product label
				and a copy of the label shall accompany each shipment or delivery.
2. Any pesticide-fertilizer mixture shall be
				registered as required by the Virginia Fertilizer Law (§
										3.2-3600 et seq. of the Code of
				Virginia). Labeling must meet the requirements of the Virginia Pesticide
				Control Act, this chapter, and the Virginia Fertilizer Law.
3. Any pesticide-animal feed or
				pesticide-animal remedy mixtures shall be registered as required by the
				Virginia Commercial Feed Law (§
										3.2-4800 et seq. of the Code of
				Virginia) and the Animal Remedies Law (§
										3.2-4900 et seq. of the Code of
				Virginia). Labeling must meet the requirements of the Virginia Pesticide
				Control Act, this chapter, the Virginia Commercial Feed Law, and the Animal
				Remedies Law.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 670 - REGULATIONS GOVERNING PESTICIDE PRODUCT REGISTRATION, HANDLING, STORAGE, AND DISPOSAL UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Form - FORMS (2VAC5-670)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for New Pesticide Product Registration/Additional Information and Instructions,
				  VDACS-07208 (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 675 - REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Part I - Definitions › Section 2VAC5-675-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise. All terms defined in Chapter 39 (§ 3.2-3900 et seq.) of Title
					 3.2 of the Code of Virginia are hereby incorporated by reference in this
					 chapter.
"Board" means the Board of Agriculture and Consumer
					 Services.
"Brand" means any word, name, symbol, device, or any
					 combination thereof, which serves to distinguish a pesticide product
					 manufactured, distributed, sold, or offered for sale by one person from that
					 manufactured, distributed, sold, or offered for sale by any other
					 person.
"COB" means close-of-business.
"Commissioner" means the Commissioner of Agriculture and
					 Consumer Services.
"Department" means the Department of Agriculture and
					 Consumer Services.
"Grade" means formulation of a pesticide, except that the
					 addition of pigments solely for color shall not constitute a change in the
					 formulation such as to constitute a new grade requiring registration.
"Limited quantities" means purchases, at cost, for resale,
					 of less than $50,000 annually per outlet of products containing nonrestricted
					 use pesticide active ingredients.
"Registered technician" means an individual who renders
					 services similar to those of a certified commercial applicator, but who has not
					 completed all the training or time in service requirements to be eligible for
					 examination for certification as a commercial applicator, and is limited to
					 application of general use pesticides. However, if he applies restricted use
					 pesticides he shall do so only under the direct supervision of a certified
					 commercial applicator.
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 675 - REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Part II - Fees › Section 2VAC5-675-20 - Pesticide product registration fee; registration of new pesticide products; renewal of pesticide product registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every pesticide product manufactured,
				  distributed, sold, offered for sale, used, or offered for use within the
				  Commonwealth shall be registered with the commissioner. The fee for registering
				  each brand shall be $225. If a brand has more than one grade, each grade shall
				  be registered, not the brand at the registration fee then in effect. The
				  registration for a new pesticide product shall be effective upon receipt by the
				  Department of Agriculture and Consumer Services of the application form
				  accompanied by the required registration fee.
B. All pesticide product registrations shall
				  expire on December 31 of each year unless canceled or otherwise terminated for
				  cause. A registration not canceled or otherwise terminated for cause will be
				  renewed upon receipt of the annual registration fee as set forth in subsection
				  A of this section accompanied by the application renewal form. A registration
				  that has been canceled or otherwise terminated for cause prior to December 31
				  may be resubmitted as a new registration when the conditions resulting in the
				  cancellation or termination have been resolved. The registration of each brand
				  or grade shall be renewed with the commissioner prior to December 31 of each
				  year. If the registration is not renewed prior to December 31 of each year, the
				  commissioner shall assess a late fee of 20% that shall be added to the
				  registration fee. The late fee shall apply to all renewal registrations
				  submitted to the department any time during the 12-month period following the
				  expiration of the registration. Registrants who permit a registration to lapse
				  for more than one year shall thereafter register the product as a new product.
				  The applicant shall pay the total fee prior to the issuance of the registration
				  by the commissioner.
Statutory Authority: §
												3.2-3906
						of the Code Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 675 - REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Part II - Fees › Section 2VAC5-675-30 - Commercial applicator certificate fee

Current through Register Vol. 40, No. 24, July 15, 2024
Any person applying for a certificate as a commercial
					 applicator shall pay to the department an initial nonrefundable certificate fee
					 of $100 . All certificates shall expire on June 30 in the second year after
					 issuance unless suspended or revoked for cause. A certificate not suspended or
					 revoked for cause will be renewed upon receipt of an application for renewal
					 submitted by June 30. If the certificate is not renewed within 60 days
					 following the expiration of the certificate, then such certificate holder shall
					 be required to take another examination. The fee for this reexamination or for
					 any commercial applicator reexamination pursuant to subsection C of §
					 3.2-3930 of the Code of Virginia shall be $100 and shall be nonrefundable. Any
					 person applying to add a category or subcategory to his certificate shall pay
					 to the department a nonrefundable fee of $35. Federal, state, and local
					 government employees certified to use, or supervise the use of, pesticides in
					 government programs shall be exempt from any certification
					 fees.
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 675 - REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Part II - Fees › Section 2VAC5-675-40 - Registered technician certificate fee

Current through Register Vol. 40, No. 24, July 15, 2024
Any person applying for a certificate as a registered
					 technician shall pay to the department an initial nonrefundable certificate fee
					 of $50 . All certificates shall expire on June 30 in the second year after
					 issuance unless suspended or revoked for cause. A certificate not suspended or
					 revoked for cause will be renewed upon receipt of an application for renewal
					 submitted by June 30. If the certificate is not renewed within 60 days
					 following the expiration of the certificate, then such certificate holder shall
					 be required to take another examination. The fee for this reexamination
					 pursuant to subsection C of § 3.2-3930 of the Code of Virginia shall be
					 $50 and shall be nonrefundable. Federal, state, and local government employees
					 certified to use pesticides in government programs shall be exempt from any
					 certification fees.
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 675 - REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Part II - Fees › Section 2VAC5-675-50 - Business license fee

Current through Register Vol. 40, No. 24, July 15, 2024
Any pesticide business that distributes, stores, sells,
					 recommends for use, mixes, or applies pesticides shall pay a nonrefundable
					 annual pesticide business licensing fee of $150 for each location or outlet
					 that it operates. All business licenses will expire at midnight on March 31 of
					 each year unless suspended or revoked for cause. If a business license is not
					 suspended or revoked for cause, it will be renewed upon payment of the annual
					 fee. If any person operating as a pesticide business fails to apply for renewal
					 of a pesticide business license by COB March 31 the applicant, as a condition
					 of renewal, shall pay a late license fee of 20% of the licensing fee in
					 addition to that fee. Merchants of limited quantities of nonrestricted use
					 pesticides including grocery stores, convenience stores, drug stores,
					 veterinarians, and other businesses that sell pesticides primarily for limited
					 household use shall be exempt from the business license requirement.
NOTICE: Forms used in administering the regulation have
					 been filed by the agency. The forms are not being published; however, online
					 users of this issue of the Virginia Register of Regulations may click on the
					 name of a form with a hyperlink to access it. The forms are also available from
					 the agency contact or may be viewed at the Office of the Registrar of
					 Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia
					 23219.
Statutory Authority: §
												3.2-3906
						of the Code Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 675 - REGULATIONS GOVERNING PESTICIDE FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Part II - Fees › Form - FORMS (2VAC5-675)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
					 for New Pesticide Product Registration/Additional Information and Instructions,
					 VDACS-07208 (rev. 7/2019)
Application
					 for Virginia Pesticide Business License to sell, distribute, store, apply, or
					 recommend pesticides for use, VDACS-07209 (rev. 7/2019)
Application
					 for Reciprocal Pesticide Applicator Certificate/Commercial Pesticide Applicator
					 Categories, VDACS-07210 (rev. 7/2019)
Commercial
					 Pesticide Applicator Certification Application/Eligibility Requirements for
					 Commercial Applicator Certification, VDACS-07211 (rev. 7/2019)
Pesticide
					 Registered Technician Application/General Training Requirements for Registered
					 Technicians, VDACS-07212A (rev. 7/2019)
Pesticide
					 Registered Technician Request for Authorization to Take Pesticide Applicator
					 Examination, VDACS-07212B (rev. 7/2019)
Commercial
					 Pesticide Applicator Request for Authorization to Take Pesticide Applicator
					 Examination/Commercial Pesticide Applicator Categories, VDACS-07218 (rev.
					 7/2019)
Statutory Authority: §
												3.2-3906
						of the Code Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part II - Procedures for Obtaining a Business License › Section 2VAC5-680-20 - General requirements for all pesticide businesses; exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person or
				  business that, in exchange for compensation, sells, stores, distributes, mixes,
				  applies, or recommends for use pesticides in Virginia shall obtain a valid
				  pesticide business license pursuant to this chapter. Each pesticide business
				  location shall be licensed.
B.
				  Exempted from the provisions of this chapter are the following:
1. Merchants of limited quantities of
				  nonrestricted use pesticides who sell pesticides primarily intended for limited
				  household use;
2. Federal, state
				  and local governmental agencies;
3.
				  Certified applicators not for hire; including those who use or supervise the
				  use of pesticides as part of their job duties only on property owned or leased
				  by themselves or their employer; and
4. Providers of janitorial, cleaning or
				  sanitizing services if the providers use no pesticides other than sanitizers,
				  disinfectants and germicides.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part II - Procedures for Obtaining a Business License › Section 2VAC5-680-30 - Business licensing requirements for commercial applicators

Current through Register Vol. 40, No. 24, July 15, 2024
Any person mixing or applying any pesticide commercially in
					 Virginia shall either (i) obtain a valid pesticide business license pursuant to
					 2VAC5-680-20 A, or (ii) be employed
					 by a currently licensed pesticide business. The business license and fee shall
					 not be considered a substitute for the commercial applicator certification and
					 fee. Possession of a business license does not authorize the licensee to apply
					 restricted use pesticides, nor does it allow a reduction of the fee necessary
					 for an applicator's certification.
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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part II - Procedures for Obtaining a Business License › Section 2VAC5-680-40 - Business licensing requirements for pest management consultants

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person or
				  business which recommends any pesticide for use commercially in Virginia shall
				  obtain a valid pesticide business license issued pursuant to
				  2VAC5-680-20 A. This provision
				  shall exclude sales personnel of a licensed pesticide business, company
				  training, technical and sales representatives certified in the demonstration
				  pesticide applicator category, and governmental employees while performing in
				  an official capacity.
B. The
				  specialty categories for a pest management consultant shall conform to the
				  commercial applicator categories established pursuant to the Act. The pest
				  management consultant shall meet the requirements of the specific category or
				  subcategory in which he is making recommendations for pesticide use prior to
				  being issued a business license.
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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part III - Recordkeeping › Section 2VAC5-680-50 - General recordkeeping requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Records covered in this chapter shall,
				  upon written request, be made available for inspection by the commissioner or
				  his designee during normal business hours. Records not readily available shall
				  be submitted to the commissioner within 72 hours if so requested in writing.
				  Records may be submitted electronically in a manner specified by VDACS,
				  including, but not limited to, electronic mail or by completing any forms
				  provided online by VDACS.
B.
				  Persons possessing records covered in this part (2VAC5-680-50 et seq.) shall fully
				  comply with the requirements contained in the Federal Insecticide, Fungicide,
				  and Rodenticide Act ( 7 USC § 136 F) and regulations pursuant
				  thereto.
C. Pesticide businesses
				  shall maintain for a period of two years all records required by this
				  chapter.
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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part III - Recordkeeping › Section 2VAC5-680-60 - Recordkeeping of restricted use pesticide sales by pesticide businesses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pesticide
				  businesses that sell restricted use pesticides shall maintain a record of each
				  restricted use pesticide sold. Each sales record shall contain the following:
1. Name, address, certified applicator number
				  or business license number, and certificate or license expiration date of the
				  person to whom the restricted use pesticide was sold or delivered;
2. Date of sale;
3. Brand, trademark, or product name
				  appearing on the product's label;
4. EPA registration number; and
5. Quantity of pesticide sold or
				  delivered.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part III - Recordkeeping › Section 2VAC5-680-65 - Recordkeeping of pesticide applications by licensed pesticide businesses

Current through Register Vol. 40, No. 24, July 15, 2024
Licensed pesticide businesses shall maintain a record of
					 each pesticide applied. This shall apply to both general use and restricted use
					 pesticides. Each record shall contain the:
1. Name, address, and telephone number of
				  customer and address or location, if different, of 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,
				  crop, animals, or sites treated and principal pests to be controlled;
5. Acreage, area, or number of plants or
				  animals treated;
6. Brand,
				  trademark, or product name appearing on the product's label;
7. EPA registration number;
8. Amount 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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part III - Recordkeeping › Section 2VAC5-680-70 - Recordkeeping of pesticide applications by pesticide businesses

Current through Register Vol. 40, No. 24, July 15, 2024
Pesticide businesses shall maintain a record of each
					 pesticide applied. This shall apply to both general use and restricted use
					 pesticides. Each record shall contain the:
1. Name, address, and telephone number of
				  customer and address or location, if different, of 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,
				  crop, animals, or sites treated and principal pests to be controlled;
5. Acreage, area, or number of plants or
				  animals treated;
6. Brand,
				  trademark, or product name appearing on the product's label;
7. EPA registration number;
8. Amount 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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part IV - Evidence of Financial Responsibility › Section 2VAC5-680-80 - Evidence of financial responsibility required of a licensed pesticide business

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  being issued a pesticide business license, a business shall furnish evidence of
				  financial responsibility, consisting of a liability insurance policy from a
				  person authorized to do business in Virginia, or a certification thereof,
				  protecting persons who may suffer legal damages as a result of the use of any
				  pesticide by the applicant.
B. The
				  liability insurance policy shall meet the following conditions:
1. The certificate of insurance shall include
				  the name of the insurance company, policy number, insurance amount, type of
				  coverage afforded, any exclusions relating to damage arising from the use of
				  pesticides, and expiration date of the policy. The policy shall cover liability
				  arising out of the handling, storage, application, use or misuse, or disposal
				  of any pesticide; it shall also cover liability relating to completed
				  operations.
2. The policy shall be
				  in an amount specified in subsection C of this section.
3. The licensee shall forward a current
				  certificate of insurance to the board at each insurance renewal date.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part V - Revocation, Suspension or Denial of Business Licenses › Section 2VAC5-680-90 - Revocation of a business license

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the violative acts listed under §
					 3.2-3940A of the Code of Virginia, the following are grounds for revocation by
					 the board of a business license:
1.
				  Failure to (i) submit records to the commissioner upon written request; or (ii)
				  to permit any person designated by the commissioner to have access to, and to
				  copy such records of business transactions as may be essential to carrying out
				  the purposes of the Act.
2.
				  Operation of a pesticide business location or outlet without a certified
				  commercial applicator assigned to the location or outlet as required by this
				  chapter.
3. Interference with the
				  commissioner or his duly authorized agents in carrying out the duties imposed
				  by the Act.
4. Conduct by a
				  licensee, as determined during the course of a hearing, which has or might have
				  resulted at any time in substantial danger to, or in unreasonable adverse
				  effects on, the public health, safety, or the environment.
5. Failure of a licensee to notify the
				  department of any change in financial responsibility as specified in
				  2VAC5-680-80 C.
6. Multiple violations of the Act or
				  regulations pursuant thereto within a three-year period.
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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part V - Revocation, Suspension or Denial of Business Licenses › Section 2VAC5-680-100 - Summary suspension by commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may suspend the pesticide
				  business license of any person, without a hearing, simultaneously with the
				  institution of proceedings for a hearing, if he finds there is a substantial
				  danger to the public health, safety, or the environment that warrants this
				  action. Situations that may warrant suspension include, but are not limited to,
				  the following:
1. Operating a pesticide
				  business or pesticide business outlet without a certified commercial applicator
				  on site as required by this chapter, when absence of the applicator presents a
				  substantial danger to the public health, safety, or the environment, as
				  determined by the commissioner.
2.
				  Refusal by a pesticide business, after receipt of a written request, to permit
				  the commissioner or his agent access to and to copy records of business
				  transactions, when such refusal presents a substantial danger to the public
				  health, safety, or the environment, as determined by the
				  commissioner.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part V - Revocation, Suspension or Denial of Business Licenses › Section 2VAC5-680-110 - Denial of license by the commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner shall deny a business
				  license to any applicant who does not submit all the information required on
				  the license application form, or who does not fully comply with all
				  requirements for licensing set forth in this chapter.
B. The commissioner may, after notice to a
				  pesticide business applicant and after opportunity for hearing, deny a
				  pesticide business license to an applicant who has violated the pesticide law
				  or regulations of any state or competent authority so as to evidence a
				  disregard for proper and safe pesticide use; or if his license has been denied,
				  suspended, nullified, withdrawn, revoked, or otherwise terminated by any state
				  or other competent authority.
C.
				  Any applicant for a pesticide business license shall not engage in the activity
				  for which he is requesting a license until the commissioner shall have issued
				  it.
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 680 - REGULATIONS GOVERNING LICENSING OF PESTICIDE BUSINESSES OPERATING UNDER AUTHORITY OF THE VIRGINIA PESTICIDE CONTROL ACT › Part V - Revocation, Suspension or Denial of Business Licenses › Form - FORMS (2VAC5-680)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
					 for Virginia Pesticide Business License to sell, distribute, store, apply, or
					 recommend pesticides for use, VDACS-07209 (rev. 7/2019)
Certificate of Insurance, Form VDACS-07214 (rev.
					 4/96).
Request
					 to take the Virginia Pesticide Business License Examination (rev.
					 7/2019)
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 II - Certification of Pesticide Applicators › Section 2VAC5-685-20 - General requirements for certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following persons must be certified as
				  pesticide applicators:
1. Commercial
				  applicators;
2. Registered
				  technicians; and
3. Private
				  applicators.
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 II - Certification of Pesticide Applicators › Section 2VAC5-685-30 - Specific certification requirements for commercial applicators

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to
				  the general requirements listed in
				  2VAC5-685-20, applicants for
				  commercial applicator certification shall meet the following requirements:
1. Certification as a registered technician,
				  as well as employment as a registered technician for at least a year;
				  or
2. One year of education,
				  training, or experience in a pesticide related field which provides the
				  equivalent practical knowledge of proper pesticide use required of a registered
				  technician.
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 II - Certification of Pesticide Applicators › Section 2VAC5-685-40 - Specific certification requirements for private applicators

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each applicant
				  for a private applicator's certificate shall apply to the commissioner and then
				  report to an authorized testing location within 90 days and take an examination
				  for each certification category, specified in
				  2VAC5-685-80, applicable to his
				  operation. The application shall contain the applicant's name, address and
				  classification desired for certification.
B. Persons who cannot read or understand
				  labels shall not be certified as private applicators unless they demonstrate
				  competence to apply restricted use pesticides on their own properties. Persons
				  seeking a waiver of the literacy requirements shall petition the board. Persons
				  certified under this waiver shall obtain certification in the categories of
				  limited certificate or single product certification as described in
				  2VAC5-685-80.
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 II - Certification of Pesticide Applicators › Section 2VAC5-685-50 - Certification procedures for registered technicians

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to the general requirements
				  listed in 2VAC5-685-20, individuals seeking
				  certification as registered technicians must:
1. Receive on-the-job training in the proper
				  application of pesticides under the direct on-site supervision of a certified
				  commercial applicator for at least 20 hours;
2. Complete at least 20 hours of
				  board-approved training;
3. Submit
				  an application form with the fee established by regulations of the Board of
				  Agriculture and Consumer Services; and
4. Take the examination within 90 days after
				  an individual is hired or transferred into a position where duties and
				  functions involve the commercial use of pesticides. Individuals not passing the
				  examination on the first attempt must reapply, following the procedures
				  outlined in
				  2VAC5-685-20. Individuals failing
				  to take and pass the exam within 90 days of the initial examination may not
				  apply pesticides commercially, even under direct on-site supervision, until
				  they pass the examination.
Individuals who have previously submitted an application
					 form and either did not take the examination within 90 days after being hired
					 or transferred into a position where duties and functions involve the
					 commercial use of pesticides or did not pass a subsequent examination within 90
					 days of the initial examination may not apply pesticides commercially, even
					 under direct on-site supervision, until they reapply, following the procedures
					 outlined in
					 2VAC5-685-20 and pass the
					 examination.
Applicants who do not complete the certification process
					 within two years of the date of passing the examination must be
					 reexamined.
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 II - Certification of Pesticide Applicators › Section 2VAC5-685-60 - Persons exempt from certification

Current through Register Vol. 40, No. 24, July 15, 2024
The following persons are exempt from certification:
1. Persons conducting laboratory research
				  involving restricted use pesticides;
2. Doctors of medicine or doctors of
				  veterinary medicine applying pesticides as drugs or medication during the
				  course of their practice, or to control pests in corpses;
3. Persons who use or supervise the use of
				  nonrestricted use pesticides as part of their duties only on properties owned
				  or leased by their employers, except those persons identified in
				  2VAC5-685-20 B;
4. Persons who provide janitorial or cleaning
				  services using nonrestricted use sanitizers, disinfectants, and
				  germicides;
5. Painters who apply
				  restricted use marine antifoulant paint under the direct supervision of a
				  certified commercial applicator. One certified commercial applicator shall be
				  present for every eight painters;
6. Forestry applicators standing on the
				  ground who apply general use herbicides for forest vegetation control and tree
				  thinning under the direct on-site supervision of a certified commercial
				  applicator. One certified commercial applicator shall be present for every
				  eight forestry applicators and be within voice contact of and no more than 200
				  feet from such applicators;
7.
				  Individuals engaged in the training required for certification while under the
				  direct on-site supervision of a certified commercial applicator;
8. Employees of local, state, or federal
				  governmental agencies who from time to time make incidental use of ready-to-use
				  pesticides that are properly registered in Virginia. For purposes of this
				  section, "incidental use" means the use of a pesticide on an occasional,
				  isolated, site-specific basis in order to avoid immediate personal harm from
				  stinging or biting insects. This exemption does not include regular, routine,
				  or maintenance applications of pesticides or any use of restricted-use
				  pesticides;
9. Individuals who
				  apply pesticides for the survey for gypsy moth under the authority of the
				  department; and
10. Individuals who
				  apply pesticides for the survey for cotton boll weevil under the authority of
				  the department.
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 III - Categories of Pesticide Applicator Certification › Section 2VAC5-685-65 - Category for registered technician certification

Current through Register Vol. 40, No. 24, July 15, 2024
An individual who successfully completes the requirements
					 prescribed in
					 2VAC5-685-50 for registered
					 technician certification will receive certification in Category 60, the
					 category designation assigned to all registered technicians regardless of the
					 category or subcategory in which he is trained and applies
					 pesticides.
Statutory Authority: § 3.2-3906 of the Code of
						Virginia.