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 I - Definitions › Section 2VAC5-685-10 - 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.
"Accident" means an unexpected, undesirable event,
					 involving the use or presence of a pesticide, that adversely affects man or the
					 environment.
"Act" means the Virginia Pesticide Control Act (§
					 3.2-3900 et seq. of the Code of Virginia).
"Agricultural commodity" means any plant or part thereof,
					 or animal, or animal product, produced by a person, including farmers,
					 ranchers, vineyardists, plant propagators, Christmas tree growers,
					 aquaculturists, floriculturists, orchardists, foresters, nurserymen, wood
					 treaters not for hire, or other comparable persons, primarily for sale,
					 consumption, propagation, or other use by man or animals.
"Board" means the Board of Agriculture and Consumer
					 Services.
"Board-approved training" means a course which includes, at
					 a minimum, study and review of all the material contained in an edition used in
					 Virginia of (i) a basic pesticide applicator certification training core manual
					 and (ii) a certification training manual for each specific category pertaining
					 to the type of pesticide application to be done.
"Certificate" means the document issued to a certified
					 applicator or registered technician who has completed all the requirements of
					 Article 3 (§ 3.2-3929 et seq.) of Chapter 39 of Title 3.2 of the Code of
					 Virginia.
"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.
"Chemigation" means the application of any pesticide
					 through an irrigation system.
"Commercial applicator" means any applicator who has
					 completed the requirements as determined by the board, including appropriate
					 training and time in service, to apply for a certification, and who uses or
					 supervises the use of any pesticide for any purpose or on any property, other
					 than as provided in the definition of private applicator.
"Commercial applicator not for hire" means any commercial
					 applicator who uses or supervises the use of pesticides as part of his job
					 duties only on property owned or leased by him or his employer. It also applies
					 to governmental employees who use or supervise the use of pesticides, whether
					 on property owned or leased by them or their employers or not, in the
					 performance of their official duties.
"Commissioner" means the Commissioner of Agriculture and
					 Consumer Services.
"Competent person" means a person having the demonstrated
					 ability to perform the task to which he is assigned.
"Department" means the Department of Agriculture and
					 Consumer Services.
"Drift" means the physical movement of pesticide through
					 the air at the time of pesticide application or soon thereafter from the target
					 site to any nontarget or off-target site. Pesticide drift will not include
					 movement of pesticides to nontarget or off-target sites caused by erosion,
					 migration, volatility, or windblown soil particles that occurs after
					 application unless specifically addressed on the pesticide product label with
					 respect to drift control requirements.
"EPA" means the United States Environmental Protection
					 Agency.
"Fumigant" means any substance that by itself or in
					 combination with any other substance emits or liberates a gas or gases, fumes,
					 or vapors that will destroy vermin, rodents, insects, and other pests and is
					 usually lethal, poisonous, noxious, or dangerous to human life.
"Fungicide" means any substance or mixture of substances
					 intended for preventing, destroying, repelling, or mitigating any fungi or
					 plant disease.
"Herbicide" means any substance or mixture of substances
					 intended for preventing, destroying, repelling, or mitigating any weed.
"Incident" means a definite and separate occurrence or
					 event, involving the use or presence of a pesticide, that adversely affects man
					 or the environment.
"Insecticide" means any substance or mixture of substances
					 intended for preventing, destroying, repelling, or mitigating any insects that
					 may be present in any environment whatsoever.
"Knowledge" means the possession and comprehension of
					 pertinent facts, together with the ability to use them in dealing with specific
					 problems and situations within the pesticide context.
"Label" means the written, printed, or graphic matter on,
					 or attached to, the pesticide or device, or the immediate container thereof,
					 and the outside container or wrapper of the retail package, if any, of the
					 pesticide or device.
"Labeling" means all labels and other written, printed, or
					 graphic matter (i) upon the pesticide or device or any of its containers or
					 wrappers, (ii) accompanying the pesticide or device at any time, or (iii) to
					 which reference is made on the label or in literature accompanying the
					 pesticide or device, except when accurate, nonmisleading reference is made to
					 current official publications of the agricultural experiment station, the
					 Virginia Polytechnic Institute and State University, the Department of
					 Agriculture and Consumer Services, the State Board of Health, or similar
					 federal institutions or other official agencies of the Commonwealth or other
					 states when such states are authorized by law to conduct research in the field
					 of pesticides.
"Licensed" or "licensee" means those businesses which, when
					 meeting the requirements established by the Board of Agriculture and Consumer
					 Services, are issued a license to engage in the sale, storage, distribution,
					 recommend the use, or application of pesticides in Virginia in exchange for
					 compensation.
"Marine antifoulant paint" means any compound, coating,
					 paint or treatment applied or used for the purpose of controlling freshwater or
					 marine fouling organisms on vessels.
"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, 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 thereof.
"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 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) 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.
"Private applicator" means an applicator who uses or
					 supervises the use of any pesticide that 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.
"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. Every registered technician is certified in Category 60
					 regardless of the category or subcategory in which he is trained and applies
					 pesticides.
"Registered technician not for hire" means any registered
					 technician who uses or supervises the use of pesticides as part of his job
					 duties only on property owned or leased by him or his employer. It also applies
					 to governmental employees who use or supervise the use of pesticides, whether
					 on property owned or leased by them or their employers or not, in the
					 performance of their official duties.
"Repeat violation" means another violation following the
					 first violation of the same provision of the Virginia Pesticide Control Act or
					 the federal Insecticide, Fungicide, and Rodenticide Act (
					 7 USC §
											136
					 et seq.), or regulations adopted pursuant thereto,
					 committed within a three-year period commencing with the date of official
					 notification of the first violation of the provision.
"Restricted entry interval" means the time after the end of
					 a pesticide application during which entry into the treated area is
					 restricted.
"Restricted use pesticide" or "pesticide classified for
					 restricted use" means any pesticide classified for restricted use by the
					 administrator of the EPA under the provisions of 1947 (
					 7 USC §
											3(d)(1)(c) ) of the federal
					 Insecticide, Fungicide, and Rodenticide Act (as amended).
"Rodenticide" means any substance or mixture of substances
					 intended for preventing, destroying, repelling, or mitigating rodents or any
					 other vertebrate animal which the commissioner shall declare to be a
					 pest.
"Tributyltin compounds" means any compound having three
					 normal butyl groups attached to a tin atom and with or without an anion such as
					 chloride, fluoride, or oxide.
"Under the direct supervision of" means the act or process
					 whereby the application of a pesticide is made by a competent person acting
					 under the instructions and control of a certified commercial applicator who is
					 responsible for the actions of that person.
"Under the direct on-site supervision of" means the act or
					 process whereby the application of a pesticide is made by a competent person
					 acting under the instructions and control of a certified commercial applicator
					 who is responsible for the actions of that person and is physically present on
					 the property upon which the pesticide is being applied, and is in constant
					 visual contact with the person applying the pesticide.
"Use" means the employment of a pesticide for the purposes
					 of (i) preventing, destroying, repelling, or mitigating any pest or (ii)
					 regulating plant growth, causing defoliation or desiccation of plants. The term
					 "use" shall include application or mixing and shall include handling or
					 transfer of a pesticide after the manufacturer's original seal is broken. The
					 term "use" shall also include any act with respect to a particular pesticide
					 which is consistent with the label directions for that particular
					 pesticide.
"Vessel" means every description of watercraft, other than
					 a seaplane, used or capable of being used as a means of transportation on the
					 water, whether self-propelled or otherwise, and includes barges and
					 tugs.
Statutory Authority: § 3.2-3906 of the Code of
						Virginia.