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 2VAC5-670-10 - 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.
"Active ingredient" means an ingredient that:
1. Is independently capable of:
a. Preventing, destroying, repelling, or mitigating insects,
				  fungi, rodents, weeds, nematodes, or other pests; or
b. Altering through physiological action the behavior of
				  ornamental or crop plants or their produce; or
c. Causing leaves or foliage to drop from a plant; or
d. Artificially accelerating the drying of plant
				  tissue.
2. Is present in the product in an amount sufficient to be
				  effective; and
3. Is not antagonistic to the activity of the principal
				  active ingredients. The commissioner may require an ingredient to be designated
				  as an active ingredient if, in his opinion, it sufficiently increases the
				  effectiveness of the pesticide to warrant such action.
"Commissioner" means the Commissioner of the Department of
				  Agriculture and Consumer Services.
"Custom mixture" means a pesticide containing product that
				  has been blended or mixed to a customer's specifications, usually a
				  pesticide-fertilizer, pesticide-pesticide, pesticide-animal feed, or
				  pesticide-animal remedy mixture, when:
1. The blend is prepared to the order of the customer and is
				  not held in inventory by the blender;
2. The blend is to be used on the customer's property,
				  including leased or rented property;
3. The pesticides used in the blend bear end-use labeling
				  directions that do not prohibit use of the product in such a blend;
4. The blend is prepared from registered pesticides;
				  and
5. The blend is delivered to the end-user along with a copy
				  of the end-use labeling of each pesticide used in the blend and a statement
				  specifying the composition of the mixture.
"Department" means the Department of Agriculture and Consumer
				  Services.
"Distributor" means a person or business, also referred to as
				  a supplemental distributor or sub-registrant, that contracts with a basic
				  federal registrant to produce a product that will be distributed and sold with
				  labels bearing the distributor's own name and address instead of the name and
				  address of the basic federal registrant.
"EPA" means the U.S. Environmental Protection Agency or any
				  program thereof.
"FIFRA" means the Federal Insecticide, Fungicide, and
				  Rodenticide Act ( 7 USC
				  §
										136 et seq.).
"Law" means Chapter 39 (§
									3.2-3900 et seq.) of Title 3.2 of
				  the Code of Virginia, known as the Virginia Pesticide Control Act.
"Minimum risk pesticide" means pesticides that are described
				  in 40 CFR
				  152.25(f), which addresses
				  the exemptions for pesticides of a character not requiring FIFRA regulation,
				  revised as of July 1, 2015. Minimum risk pesticides are exempted from federal
				  registration requirements under
				  7 USC §
										136 w(b).
"Producer" means a person who manufactures, prepares,
				  compounds, propagates, or processes any pesticide, device, or active ingredient
				  used in producing a pesticide. The dilution by an individual of formulated
				  pesticides for his own use in accordance with the directions on registered
				  labels shall not alone result in the department considering the individual a
				  producer for the purposes of this chapter.
"Rodent" means any animal of the order Rodentia including,
				  but not limited to, rats, mice, rabbits, gophers, prairie dogs, and
				  squirrels.
"Temporary storage" means the storage of a pesticide in a
				  container other than the original container in which it was
				  purchased.
Statutory Authority: §
											3.2-3906 of the Code of
					 Virginia.