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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
11/29/2021

2VAC5-680-80. Evidence of financial responsibility required of a licensed pesticide business.

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.

C. The amount of financial responsibility as provided for in this section shall be a minimum of $100,000 for property damage, and $100,000 for personal injury or death of one person; and $300,000 per occurrence. If the deductible of an applicant for a business license is greater than $1,000, evidence of financial responsibility shall be furnished to the board to satisfy the difference between the applicant's deductible and the $1,000 deductible. This evidence may consist of a financial statement.

D. The licensee shall maintain at least the minimum coverage at all times during the license period and shall notify the board at least 10 days prior to any reduction at the request of the licensee or cancellation of such financial responsibility by the insurer.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-80, derived from VR115-04-22 § 4.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-80, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

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