Administrative Code

Virginia Administrative Code
11/29/2021

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.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.