Administrative Code

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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

2VAC5-685-170. Reporting of pesticide accidents and incidents.

A. Certified commercial or private applicators or registered technicians shall report any pesticide accident or incident in which they are involved that constitutes a threat to any person, to public health or safety, or to the environment, as a result of the use or presence of any pesticide. The accident or incident shall be reported whether or not a restricted use pesticide is involved.

B. When the accident or incident involves a discharge or spillage of a pesticide, the certified commercial or private applicator or registered technician shall contact the department for guidance to determine whether the discharged or spilled amount is a reportable quantity.

C. The certified commercial or private applicator or registered technician shall make the initial notification to the department's Office of Pesticide Services by telephone within a reasonable time, not to exceed 48 hours after the accident or incident occurrence, should circumstances prevent immediate notification. The certified commercial or private applicator or registered technician shall prepare and submit a written report of the accident or incident to the Office of Pesticide Services within 10 working days after the initial notification. The report shall include the following:

1. Name of individuals involved in accident or incident;

2. Name of pesticide involved;

3. Quantity of pesticide spilled and containment procedures;

4. Time, date, and location of accident or incident;

5. Mitigating actions taken; and

6. Name, or description if unnamed, and location of bodies of water nearby where contamination of such bodies of water could reasonably be expected to occur due to natural or manmade actions.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-51-170, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-170, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

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