Title 12 — Conservation
21 chapters · 371 sections in this title.
12 V.I.C. § 801 Definitions
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(1) As used in this chapter:(1) “Accident” means an unexpected, undesirable event, caused by the use or presence of a pesticide, which adversely affects humans or the environment.(2) “Active ingredient” means:(A) In the case of a pesticide other than a plant regulator, defoliant …
12 V.I.C. § 802 Exemptions
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(a) The provisions of this chapter do not apply to:(1) Any carrier while lawfully engaged in transporting a pesticide within the Virgin Islands, if such carrier shall, upon request, permit the Commissioner or his designee to copy all records showing the transactions in and the mo…
12 V.I.C. § 803 Powers and duties of the Commissioner
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(a) Jurisdiction in all matters pertaining to the distribution, sale, use and transportation of pesticides, is by this chapter, vested exclusively in the Commissioner. (b) All authority vested in the Commissioner by this chapter may be executed with like force by employees of the…
12 V.I.C. § 804 Fees
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All fees collected pursuant to this chapter and all fines collected through enforcement must be deposited into the Pesticide Control Program Account, which shall be established for this purpose.
12 V.I.C. § 805 Testing of pesticide samples
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(a) The Commissioner shall take and seal samples of pesticides in the presence of at least one witness and shall tender, and, if accepted, deliver to the person in charge of the pesticide one of such samples. (b) The department shall examine, analyze, or test, or cause to be exam…
12 V.I.C. § 806 Scope of registration
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Every pesticide that is used, distributed, sold, or offered for sale within the Virgin Islands or delivered for transportation shall be registered every two years with the Office of the Commissioner; provided that any pesticide imported into the Virgin Islands, which is registere…
12 V.I.C. § 807 Financial responsibility
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The Commissioner may not issue a certificate until the applicator business has furnished evidence of financial responsibility consisting of either a surety bond or a liability insurance policy or certification thereof protecting persons who may suffer damages as a result of the p…
12 V.I.C. § 808 Application for registration
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(1) The applicant shall file with the Commissioner a statement including:(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant;(2) The name of the pesticide;(3) A complete copy of the labe…
12 V.I.C. § 809 Review of applications to register pesticides
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(a) For registration applications subject to review pursuant to subsections (b) through (e) of this section, an application for pesticide registration must be determined by the Commissioner to be complete or incomplete within sixty days after receipt of an application for registr…
12 V.I.C. § 810 Registration fees
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The Commissioner may, by rules and regulations, set fees.
12 V.I.C. § 811 Cooperative agreements
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The Commissioner may cooperate, receive grants-in-aid, and enter into agreements with any agency of the Federal Government, of this territory or with any agency of another state, to obtain assistance in the implementation of this chapter, or in the enforcement of the Federal Inse…
12 V.I.C. § 812 Disclosure of pesticide formulas
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The Commissioner, whenever he considers it necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. Notwithstanding the provisions of this chapter, information relative to formulas of products acquired by authority of t…
12 V.I.C. § 813 Requirements for registration
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If it appears to the Commissioner that the composition of the pesticide is such as to warrant the proposed claims for it, and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this chapter, the Commissioner shall registe…
12 V.I.C. § 814 Procedure when registration is denied
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If the Commissioner decides that the pesticide does not warrant the proposed claims for it or, if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this chapter, the Commissioner shall notify the applicant for registra…
12 V.I.C. § 815 Cancellation of registration
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(a) The Commissioner, in accordance with the procedures specified in this chapter, may cancel the registration of a pesticide whenever it does not appear that the article or its labeling or other material required to be submitted complies with the provisions of this chapter. (b) …
12 V.I.C. § 816 Water quality monitoring for pesticides
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The Pesticides Program of the Department, in coordination with the United States Geological Survey, National Water Quality Assessment Program, the Division of Environmental Protection-Water Programs of the Department, and other parties, shall conduct a water quality monitoring pr…
12 V.I.C. § 817 Advisory committees
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(a) The Commissioner on his own motion, may at any time refer matters concerning registration. of pesticides or the suspension or cancellation of such registration, to an advisory committee. Each advisory committee must be composed of experts, qualified in the subject matter and …
12 V.I.C. § 818 Public hearing regarding registration
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If a hearing is requested, the Commissioner shall, after due notice, hold a public hearing for the purpose of receiving evidence relevant and material to the issues raised by the objections. Any report, recommendations, underlying data, and reasons certified to the Commissioner b…
12 V.I.C. § 819 Suspension of pesticide registration
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Notwithstanding any other provision of this chapter, the Commissioner may, by order, suspend the registration of a pesticide immediately when he finds that such action is necessary to prevent an imminent hazard to the public or any other non-target organism. In such case, he shal…
12 V.I.C. § 820 Judicial review
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Final orders of the Commissioner under this chapter are to be subject to review under title five, chapter ninety-seven of this Code instituted within thirty days after personal service on the applicant for registration or registrant of the Commissioner's order.
12 V.I.C. § 821 Experimental use permits
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(a) The Commissioner may apply to the United States Environmental Protection Agency for certification pursuant to Section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (as amended) to issue experimental use permits, and to establish by regulation any requirements as…
12 V.I.C. § 822 Approved agricultural uses
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A pesticide must be used in accordance with its labeling. Unless the labeling specifically prohibits such use, a pesticide registered for use in the Virgin Islands may be used for agricultural purposes only in a dosage, concentration or frequency less than that specified on the l…
12 V.I.C. § 823 Commercial permits
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(a) A commercial permit is required for the distribution, sale, offer for sale, purchase for the purpose of re-sale or possession for the purpose of re-sale of a restricted use pesticide. (b) Any person desiring such a permit shall file an application containing such information …
12 V.I.C. § 824 Purchase permits
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(a) A purchase permit or certification identification card is required for the purchase, possession or use of a restricted use pesticide. (b) Any person desiring such a permit shall file an application containing such information required by the Commissioner and in a form prescri…
12 V.I.C. § 825 Pesticide applicator certification
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(a) Any person who engages in the commercial or private application of pesticides or the sale of restricted use pesticides shall be certified by the Commissioner except as provided in subsection (b) of this section. A certification is not valid unless the certified person also ho…
12 V.I.C. § 826 Pesticide business and agency registration
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(a) A pesticide business or agency as defined in this chapter shall register with the Commissioner. (b) Applications for pesticide business or agency registration must be made to the Commissioner. The application must be on a form prescribed by the Commissioner and shall provide …
12 V.I.C. § 827 Denial or revocation of certification or registration
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(a) The Commissioner, after due notice and opportunity of hearing to an applicant, certified applicator, or registered pesticide business or agency, may deny an application or revoke a certificate or registration upon a determination that:(1) any statement in the application or u…
12 V.I.C. § 828 Certification and registration fees
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(a) Every applicant for pesticide applicator certification shall pay an examination fee. The fee shall be set by regulation. (b) There shall be fees for commercial pesticide applicator certification in one individual category, with additional fees for each additional category and…
12 V.I.C. § 829 Requirements and restrictions for commercial lawn application
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(a) Prior to any commercial lawn application, the applicator shall enter into a written contract with the owner of the property or his agent specifying the approximate date or dates of application, number of applications, and total cost for the service to be provided and shall su…
12 V.I.C. § 830 Visual notification
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(a) All persons providing commercial lawn application shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers must be placed so as to be clearly visible to persons immediately outside the perimeter of such property. The…
12 V.I.C. § 831 Lawn applications
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(a) All persons providing commercial lawn application must comply with the following provisions in their entirety and without exception, including all applicable definitions as provided in this chapter:(a) All retail establishments that sell general use pesticides for commercial …
12 V.I.C. § 832 Rules and regulations
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(a) The Commissioner has the power to promulgate the following rules and regulations necessary and appropriate to carry out the purposes of this title.(a) Rules and regulations establishing uniform standards for a consumer pesticide use information sign which shall be placed in r…
12 V.I.C. § 833 Access to pesticide information
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(a) The Commissioner shall, upon written request of an interested party, in printed form or on a diskette in computerized data base format, provide the information on pesticides submitted to the department pursuant to sections 834 and 835 of this title. The Commissioner must not …
12 V.I.C. § 834 Record keeping and reporting
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(a) All commercial applicators shall maintain pesticide use records for each pesticide application containing the following:(1) EPA registration number;(2) product name;(3) quantity of each pesticide used;(4) date applied;(5) location of application by address (including five-dig…
12 V.I.C. § 835 Record keeping and reporting of sales/use of restricted use pesticides
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(a) Each person manufacturing or compounding a registered restricted use pesticide in the Virgin Islands, or importing or causing a registered restricted use pesticide to be imported into this territory for use, distribution, or storage, shall maintain records of all sales within…
12 V.I.C. § 836 Unlawful acts
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(a) It is unlawful:(a) For any person to distribute, sell, offer for sale or use within the Virgin Islands or deliver for transportation or transport in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands any of the followi…
12 V.I.C. § 837 Registration not a defense
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In no event shall registration of a pesticide, be construed as a defense for the commission of any offense prohibited under subsections (a) through (g) of section 836.
12 V.I.C. § 838 Pesticides that may be seized
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(a) Any pesticide that is distributed, sold, offered for sale or used within the Virgin Islands or delivered for transportation or transported in intrastate commerce or between points within the Virgin Islands through any point outside the Virgin Islands may be seized for confisc…
12 V.I.C. § 839 Procedure following seizure
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(a) Whenever the Commissioner finds, or has probable cause to believe, that any pesticide is adulterated or misbranded or improperly labeled, or is not colored within the meaning of this chapter, or is not registered as required under this chapter, or for which a permit has not b…
12 V.I.C. § 840 Investigations
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(a) The Commissioner, or any officer of the department when authorized by the Commissioner, may investigate and report as to all matters within or pertaining to the powers and jurisdiction of the department for the purpose of carrying into effect the provisions of this chapter an…
12 V.I.C. § 841 Immunity of witnesses
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In any investigation, hearing or inquiry, conducted pursuant to this chapter or the rules of the department made pursuant thereto, the Commissioner, or his deputy or other officer presiding at such investigation, hearing or inquiry, may confer immunity in accordance with title 14…
12 V.I.C. § 842 Sanctions
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(a) Administrative sanctions. Except as otherwise provided in this subsection, any person who violates any provision of this chapter or any rule, regulation or order issued thereunder or commits any offense described in section 836 of this chapter shall be liable to the people of…
12 V.I.C. § 843 Aiders and abettors
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Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter or any rule, regulation, or order of the department made pursuant thereto is subject to the same punishment and penalty as that prescribed by this chapter for the violation …
12 V.I.C. § 844 Injunction against violations
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Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule, regulation or order issued thereunder or is committing any offense described in section 836 of this chapter, the department, acting by the attorney general, may b…
12 V.I.C. § 845 Act of officer or agent deemed act of principal
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In construing and enforcing the provisions of this chapter or this title relating to penalties, the act of a director, officer, agent or other person acting for or employed by a person, association or corporation subject to the provisions of this chapter and acting within the sco…
12 V.I.C. § 846 Disposal of fines and moneys recovered
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Except as otherwise provided in this chapter, all moneys recovered, either as fines, penalties, forfeitures or otherwise, for the violation of any of the provisions of this chapter or of the rules of the department, and all bail forfeited by persons charged with such violations, …
12 V.I.C. § 847 Severability
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If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of the chapter, and the applicability thereof to other persons a…
12 V.I.C. § 848 Short title
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This chapter may be cited as the Virgin Islands Pesticide Control Act.