Virginia Code 3.2-3906: Board to adopt regulations
The Board may adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), including:
Terms Used In Virginia Code 3.2-3906
- Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Certificate: means the document issued to a certified applicator or registered technician who has completed all the requirements of Article 3. See Virginia Code 3.2-3900
- Pest: means any deleterious organism that is: (i) any vertebrate animal other than man; (ii) any invertebrate animal excluding any internal parasite of living man or other living animals; (iii) any plant growing where not wanted, and any plant part such as a root; or (iv) any bacterium, virus, or other microorganisms (except for those on or in living man or other living animals and those on or in processed food or processed animal feed, beverages, drugs as defined by the Federal Food, Drug, and Cosmetic Act at 21 U. See Virginia Code 3.2-3900
- Pesticide: means : (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, other forms of plant or animal life, bacterium, 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 intended to become an active ingredient in any substance defined in clause (i) and (ii). See Virginia Code 3.2-3900
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Unreasonable adverse effects on the environment: means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See Virginia Code 3.2-3900
- 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. See Virginia Code 3.2-3900
1. Licensing of businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides;
2. Registration of pesticides for manufacture, distribution, sale, storage, or use;
3. Requiring reporting and record keeping related to licensing and registration;
4. Establishing training, testing and standards for certification of commercial applicators, registered technicians, and private applicators;
5. Revoking, suspending or denying licenses (business), registration (products), and certification or certificate (applicators or technicians);
6. Requiring licensees and certificate holders to inform the public when using pesticides in and around structures;
7. Establishing a fee structure for licensure, registration and certification to defray the costs of implementing this chapter;
8. Classifying or subclassifying certification or certificates to be issued under this chapter. Such classifications may include agricultural, forest, ornamental, aquatic, right-of-way or industrial, institutional, structural or health-related pest control;
9. Restricting or prohibiting the sale or use and disposal of any pesticide or pesticide container or residuals that: (i) undesirably persists in the environment or increases due to biological amplification or unreasonable adverse effects on the environment; or (ii) because of toxicity or inordinate hazard to man, animal, bird or plant may be contrary to the public interest; and
10. Other regulations necessary or convenient to carry out the purposes of this chapter.
1989, c. 575, §§ 3.1-249.30, 3.1-249.31; 1992, c. 114; 2008, c. 860.