Administrative Code

Virginia Administrative Code
11/29/2021

Chapter 680. Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act

Part I
Definitions

2VAC5-680-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board of Agriculture and Consumer Services.

"Bulk pesticide" means any registered pesticide concentrate that is transported or held in an individual container in undivided quantities of greater than 55 U.S. gallons liquid measure or greater than 100 pounds net dry weight.

"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.

"Commercial applicator" means any person who has completed the requirements for certification as determined by the board to use or supervise the use of any pesticide for any purpose or on any property other than as provided in the definition of private applicator.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Department" means the Department of Agriculture and Consumer Services.

"Distribute" or "distribution" means the act of distributing, selling, offering for sale, holding for sale, shipping, holding for shipment, delivering for shipment or receiving and, having so received, delivering or offering to deliver, or releasing for shipment to any person in any state. The term includes the sale of pesticides to wholesalers, retailers, and other merchants or to industrial, institutional, and commercial businesses for use by the employees of the business.

"EPA" means the U.S. Environmental Protection Agency.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act as amended, and incorporated by reference in this chapter.

"Licensed" or "licensee" means those businesses which, upon meeting the requirements established by the Board of Agriculture and Consumer Services, are issued a license to engage in the sale, storage, distribution, recommendation for use, or application of pesticides in Virginia in exchange for compensation.

"Limited household use" means the use of any general use pesticide product in or on a person's own dwelling and associated grounds such as lawn, garden, pool, or outbuildings. The term also means the use of a general use pesticide applied to animals owned as pets or raised for personal use and the use of personal use products such as mosquito repellents.

"Limited quantities" means purchases, at cost, for resale, of less than $50,000 annually per outlet of products containing nonrestricted use pesticide active ingredients.

"Multiple violations" means more than one violation of the Act or regulations pursuant to the Act.

"Pest management consultant" means any person, who may or may not apply pesticides himself, who has obtained a business license in accordance with the requirements listed in this chapter, and who is authorized by this chapter to provide technical advice, supervision or aid, or recommendations for pesticide application commercially in Virginia.

"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 or bacteria, 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 in any substance defined in clauses (i) and (ii) of this definition.

"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 for distribution 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) of this definition 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.

"Pesticide business location" means any physical location of a pesticide business used to transact business financial transactions, arrangement of services, or assignment of work or where products, supplies, or business mail is delivered. The term excludes buildings or locations, including employees' residences, used solely for storage of service vehicles, equipment, or supplies or telephone answering services.

"Private applicator" means an applicator who uses or supervises the use of any pesticide which 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.

"Restricted use pesticide" or "pesticide classified for restricted use" means any pesticide classified as restricted by the Administrator of the U.S. Environmental Protection Agency.

"Sale" or "sell" means the transfer of goods to or to render services to another in exchange for compensation of any kind.

"Virginia Pesticide Control Act" or "Act" means Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-10, derived from VR115-04-22 § 1.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 25, Issue 12, eff. March 18, 2009; amended and renumbered as 2VAC5-680-10, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

Part II
Procedures for Obtaining a Business License

2VAC5-680-20. General requirements for all pesticide businesses; exemptions.

A. Any person or business that, in exchange for compensation, sells, stores, distributes, mixes, applies, or recommends for use pesticides in Virginia shall obtain a valid pesticide business license pursuant to this chapter. Each pesticide business location shall be licensed.

B. Exempted from the provisions of this chapter are the following:

1. Merchants of limited quantities of nonrestricted use pesticides who sell pesticides primarily intended for limited household use;

2. Federal, state and local governmental agencies;

3. Certified applicators not for hire; including those who use or supervise the use of pesticides as part of their job duties only on property owned or leased by themselves or their employer; and

4. Providers of janitorial, cleaning or sanitizing services if the providers use no pesticides other than sanitizers, disinfectants and germicides.

C. Application for a pesticide business license is made by submitting to the department (i) a completed application form, (ii) a check or money order in the amount of the annual business license fee established by the board, and (iii) evidence of financial responsibility, as required in 2VAC5-680-80.

D. Each applicant for a pesticide business license, or an employee designated by the applicant, shall demonstrate to the commissioner his knowledge of (i) pesticide laws and regulations; (ii) potential hazards of pesticides to man and the environment; and (iii) safe distribution, use, and disposal of pesticides by passing a written examination prior to his being issued a business license. If the applicant is already certified as a commercial applicator, he shall be exempt from the initial examination requirement.

E. All licensed pesticide businesses shall maintain written records pertaining to their operations, as required in this chapter.

F. All licensed pesticide business locations or outlets which sell restricted use pesticides, or distribute restricted use pesticides for purposes of selling, shall have a certified commercial applicator present who shall bear immediate responsibility for the correct and safe operation of the location or outlet. Each business shall notify the department of the name of the commercial applicator assigned to each location or outlet, and shall also notify the department within three business days of any change in the applicator assignments during the license period.

G. All licensed pesticide businesses that store, repack and distribute bulk pesticides shall meet the requirements established by the board for the storage, repackaging and distribution of bulk pesticides.

H. All pesticide business licenses shall expire at midnight on March 3l of each year. Licensees shall renew their licenses annually by application to the department and payment of the annual fee on or before close of business March 31. The department shall charge a 20% penalty in addition to the regular fee for renewal applications filed after March 31.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-20, derived from VR115-04-22 § 2, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-20, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

2VAC5-680-30. Business licensing requirements for commercial applicators.

Any person mixing or applying any pesticide commercially in Virginia shall either (i) obtain a valid pesticide business license pursuant to 2VAC5-680-20 A, or (ii) be employed by a currently licensed pesticide business. The business license and fee shall not be considered a substitute for the commercial applicator certification and fee. Possession of a business license does not authorize the licensee to apply restricted use pesticides, nor does it allow a reduction of the fee necessary for an applicator's certification.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-30, derived from VR115-04-22 § 2.2, eff. January 2, 1991; amended and renumbered as 2VAC5-680-30, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-40. Business licensing requirements for pest management consultants.

A. Any person or business which recommends any pesticide for use commercially in Virginia shall obtain a valid pesticide business license issued pursuant to 2VAC5-680-20 A. This provision shall exclude sales personnel of a licensed pesticide business, company training, technical and sales representatives certified in the demonstration pesticide applicator category, and governmental employees while performing in an official capacity.

B. The specialty categories for a pest management consultant shall conform to the commercial applicator categories established pursuant to the Act. The pest management consultant shall meet the requirements of the specific category or subcategory in which he is making recommendations for pesticide use prior to being issued a business license.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-40, derived from VR115-04-22 § 2.3, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; amended and renumbered as 2VAC5-680-40, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part III
Recordkeeping

2VAC5-680-50. General recordkeeping requirements.

A. Records covered in this chapter shall, upon written request, be made available for inspection by the commissioner or his designee during normal business hours. Records not readily available shall be submitted to the commissioner within 72 hours if so requested in writing. Records may be submitted electronically in a manner specified by VDACS, including, but not limited to, electronic mail or by completing any forms provided online by VDACS.

B. Persons possessing records covered in this part (2VAC5-680-50 et seq.) shall fully comply with the requirements contained in the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 F) and regulations pursuant thereto.

C. Pesticide businesses shall maintain for a period of two years all records required by this chapter.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-50, derived from VR115-04-22 § 3.1, eff. January 2, 1991; amended, Virginia Register Volume 24, Issue 17, eff. June 12, 2008; amended and renumbered as 2VAC5-680-50, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-60. Recordkeeping of restricted use pesticide sales by pesticide businesses.

A. Pesticide businesses that sell restricted use pesticides shall maintain a record of each restricted use pesticide sold. Each sales record shall contain the following:

1. Name, address, certified applicator number or business license number, and certificate or license expiration date of the person to whom the restricted use pesticide was sold or delivered;

2. Date of sale;

3. Brand, trademark, or product name appearing on the product's label;

4. EPA registration number; and

5. Quantity of pesticide sold or delivered.

B. The restricted use pesticide sales recordkeeping requirement may be satisfied by invoices, if (i) such invoices are kept separate from the licensee's other sales records, and (ii) the invoices contain the information required by subsection A of this section.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-60, derived from VR115-04-22 § 3, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-60, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

2VAC5-680-65. Recordkeeping of pesticide applications by licensed pesticide businesses.

Licensed pesticide businesses shall maintain a record of each pesticide applied. This shall apply to both general use and restricted use pesticides. Each record shall contain the:

1. Name, address, and telephone number of customer and address or location, if different, of site of application;

2. Name and certification number (or certification number of the supervising certified applicator) of the person making the application;

3. Day, month and year of application;

4. Type of plants, crop, animals, or sites treated and principal pests to be controlled;

5. Acreage, area, or number of plants or animals treated;

6. Brand, trademark, or product name appearing on the product's label;

7. EPA registration number;

8. Amount of pesticide concentrate and amount of diluent used, by weight or volume, in mixture applied; and

9. Type of application equipment used.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-65, derived from Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-65, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

2VAC5-680-70. Recordkeeping of pesticide applications by pesticide businesses.

Pesticide businesses shall maintain a record of each pesticide applied. This shall apply to both general use and restricted use pesticides. Each record shall contain the:

1. Name, address, and telephone number of customer and address or location, if different, of site of application;

2. Name and certification number (or certification number of the supervising certified applicator) of the person making the application;

3. Day, month and year of application;

4. Type of plants, crop, animals, or sites treated and principal pests to be controlled;

5. Acreage, area, or number of plants or animals treated;

6. Brand, trademark, or product name appearing on the product's label;

7. EPA registration number;

8. Amount of pesticide concentrate and amount of diluent used, by weight or volume, in mixture applied; and

9. Type of application equipment used.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-70, derived from VR115-04-22 § 3, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-70, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

Part IV
Evidence of Financial Responsibility

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.

Part V
Revocation, Suspension or Denial of Business Licenses

2VAC5-680-90. Revocation of a business license.

In addition to the violative acts listed under § 3.2-3940 A of the Code of Virginia, the following are grounds for revocation by the board of a business license:

1. Failure to (i) submit records to the commissioner upon written request; or (ii) to permit any person designated by the commissioner to have access to, and to copy such records of business transactions as may be essential to carrying out the purposes of the Act.

2. Operation of a pesticide business location or outlet without a certified commercial applicator assigned to the location or outlet as required by this chapter.

3. Interference with the commissioner or his duly authorized agents in carrying out the duties imposed by the Act.

4. Conduct by a licensee, as determined during the course of a hearing, which has or might have resulted at any time in substantial danger to, or in unreasonable adverse effects on, the public health, safety, or the environment.

5. Failure of a licensee to notify the department of any change in financial responsibility as specified in 2VAC5-680-80 C.

6. Multiple violations of the Act or regulations pursuant thereto within a three-year period.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-90, derived from VR115-04-22 § 5.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 25, Issue 12, eff. March 18, 2009; amended and renumbered as 2VAC5-680-90, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-100. Summary suspension by commissioner.

A. The commissioner may suspend the pesticide business license of any person, without a hearing, simultaneously with the institution of proceedings for a hearing, if he finds there is a substantial danger to the public health, safety, or the environment that warrants this action. Situations that may warrant suspension include, but are not limited to, the following:

1. Operating a pesticide business or pesticide business outlet without a certified commercial applicator on site as required by this chapter, when absence of the applicator presents a substantial danger to the public health, safety, or the environment, as determined by the commissioner.

2. Refusal by a pesticide business, after receipt of a written request, to permit the commissioner or his agent access to and to copy records of business transactions, when such refusal presents a substantial danger to the public health, safety, or the environment, as determined by the commissioner.

B. The commissioner shall institute proceedings for a hearing pursuant to § 2.2-4020 of the Code of Virginia simultaneously with any summary suspension. Subject to any provision of procedure or chapter of the board for the processing of violations not inconsistent with this chapter:

1. The hearing shall be held within 60 days after the suspension; and

2. The hearing officer conducting the hearing shall have the authority to consider and address all matters relating to the summary suspension, including but not limited to the withdrawing, sustaining, or modifying thereof.

The commissioner or a conference officer appointed by the commissioner shall offer the person whose license has been summarily suspended (hereinafter "the respondent") an opportunity to appear in an informal conference, authorized by § 2.2-4019 of the Code of Virginia, to be held within three days after the summary suspension. The informal conference may consider, subject to any provision of the board for the processing of violations, all matters relating to the summary suspension, including but not limited to the withdrawal, sustaining, or modifying thereof. Nothing in this section authorizing consideration of matters by an informal conference shall be construed to deny a respondent's right to a hearing.

C. No person may operate a pesticide business at any time when his license is suspended.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-100, derived from VR115-04-22 § 5.2, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 29, renumbered as 2VAC5-680-100, Virginia Register Issue 1, eff. October 10, 2012.

2VAC5-680-110. Denial of license by the commissioner.

A. The commissioner shall deny a business license to any applicant who does not submit all the information required on the license application form, or who does not fully comply with all requirements for licensing set forth in this chapter.

B. The commissioner may, after notice to a pesticide business applicant and after opportunity for hearing, deny a pesticide business license to an applicant who has violated the pesticide law or regulations of any state or competent authority so as to evidence a disregard for proper and safe pesticide use; or if his license has been denied, suspended, nullified, withdrawn, revoked, or otherwise terminated by any state or other competent authority.

C. Any applicant for a pesticide business license shall not engage in the activity for which he is requesting a license until the commissioner shall have issued it.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.

Historical Notes

Former 2VAC20-40-110, derived from VR115-04-22 § 5, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-110, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

FORMS (2VAC5-680).

Application for Virginia Pesticide Business License to sell, distribute, store, apply, or recommend pesticides for use, VDACS-07209 (rev. 7/2019)

Certificate of Insurance, Form VDACS-07214 (rev. 4/96).

Request to take the Virginia Pesticide Business License Examination (rev. 7/2019)

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