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 I - Definitions › Section 2VAC5-680-10 - 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.
"Board" means the Board of Agriculture and Consumer
					 Services.
"Bulk pesticide" means any registered pesticide concentrate
					 that is transported or held in an individual container in undivided quantities
					 of greater than 55 U.S. gallons liquid measure or greater than 100 pounds net
					 dry weight.
"Certification" or "certified" means the recognition
					 granted by the Board of Agriculture and Consumer Services to an applicator upon
					 satisfactory completion of board approved requirements.
"Commercial applicator" means any person who has completed
					 the requirements for certification as determined by the board to use or
					 supervise the use of any pesticide for any purpose or on any property other
					 than as provided in the definition of private applicator.
"Commissioner" means the Commissioner of Agriculture and
					 Consumer Services.
"Department" means the Department of Agriculture and
					 Consumer Services.
"Distribute" or "distribution" means the act of
					 distributing, selling, offering for sale, holding for sale, shipping, holding
					 for shipment, delivering for shipment or receiving and, having so received,
					 delivering or offering to deliver, or releasing for shipment to any person in
					 any state. The term includes the sale of pesticides to wholesalers, retailers,
					 and other merchants or to industrial, institutional, and commercial businesses
					 for use by the employees of the business.
"EPA" means the U.S. Environmental Protection
					 Agency.
"FIFRA" means the Federal Insecticide, Fungicide, and
					 Rodenticide Act as amended, and incorporated by reference in this
					 chapter.
"Licensed" or "licensee" means those businesses which, upon
					 meeting the requirements established by the Board of Agriculture and Consumer
					 Services, are issued a license to engage in the sale, storage, distribution,
					 recommendation for use, or application of pesticides in Virginia in exchange
					 for compensation.
"Limited household use" means the use of any general use
					 pesticide product in or on a person's own dwelling and associated grounds such
					 as lawn, garden, pool, or outbuildings. The term also means the use of a
					 general use pesticide applied to animals owned as pets or raised for personal
					 use and the use of personal use products such as mosquito repellents.
"Limited quantities" means purchases, at cost, for resale,
					 of less than $50,000 annually per outlet of products containing nonrestricted
					 use pesticide active ingredients.
"Multiple violations" means more than one violation of the
					 Act or regulations pursuant to the Act.
"Pest management consultant" means any person, who may or
					 may not apply pesticides himself, who has obtained a business license in
					 accordance with the requirements listed in this chapter, and who is authorized
					 by this chapter to provide technical advice, supervision or aid, or
					 recommendations for pesticide application commercially in Virginia.
"Pesticide" means (i) any substance or mixture of
					 substances intended for preventing, destroying, repelling, or mitigating any
					 insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal
					 life or viruses or bacteria, except viruses on or in living man or other
					 animals, which the commissioner shall declare to be a pest, (ii) any substance
					 or mixture of substances intended for use as a plant regulator, defoliant, or
					 desiccant, and (iii) any substance which is intended to become an active
					 ingredient in any substance defined in clauses (i) and (ii) of this
					 definition.
"Pesticide business" means any person engaged in the
					 business of distributing, applying, or recommending the use of a product or
					 storing, selling, or offering for sale pesticides for distribution directly to
					 the user. The term "pesticide business" does not include (i) wood treaters not
					 for hire; (ii) seed treaters not for hire; (iii) operations that produce
					 agricultural products unless the owners or operators of such operations
					 described in clauses (i), (ii), and (iii) of this definition are engaged in the
					 business of selling or offering for sale pesticides, or distributing pesticides
					 to persons outside of that agricultural producing operation in connection with
					 commercial transactions; or (iv) businesses exempted by regulations adopted by
					 the board.
"Pesticide business location" means any physical location
					 of a pesticide business used to transact business financial transactions,
					 arrangement of services, or assignment of work or where products, supplies, or
					 business mail is delivered. The term excludes buildings or locations, including
					 employees' residences, used solely for storage of service vehicles, equipment,
					 or supplies or telephone answering services.
"Private applicator" means an applicator who uses or
					 supervises the use of any pesticide which is classified for restricted use for
					 purposes of producing any agricultural commodity on property owned or rented by
					 him or his employer or, if applied without compensation other than trading of
					 personal services between producers of agricultural commodities, on the
					 property of another person.
"Restricted use pesticide" or "pesticide classified for
					 restricted use" means any pesticide classified as restricted by the
					 Administrator of the U.S. Environmental Protection Agency.
"Sale" or "sell" means the transfer of goods to or to
					 render services to another in exchange for compensation of any kind.
"Virginia Pesticide Control Act" or "Act" means Chapter 39
					 (§
										3.2-3900 et seq.) of Title 3.2 of
					 the Code of Virginia.
Statutory Authority: §
												3.2-3906 of the Code of
						Virginia.