Virginia Administrative Code

A. Unless a dangerous dog has been euthanized or moved out of state, within 30 days of a finding by a court of competent jurisdiction that an animal is a dangerous dog, the animal control officer shall: 1. Provide the owner of the dangerous dog with a copy of §§ 3.2-6540 and 3.2-…

(Repealed.)

The following shall be the procedures and requirements for the annual renewal of registration in the dangerous dog registry: 1. The State Veterinarian shall mail each owner of a dangerous dog a reminder at least 60 calendar days prior to January 31 of each year that the Dangerous…

Statutory Authority§ 3.2-6540 and 3.2-6542 of the Code of Virginia.

The following shall be the procedures and requirements pertaining to the dangerous dog tag: 1. The State Veterinarian shall provide each jurisdiction a sequential batch of uniformly designed Virginia Dangerous Dog tags. Localities shall request additional tags from the State Vete…

A. At any time during the adjudication process or after a dog has been found to be a dangerous dog by a court of competent jurisdiction, the dog's owner shall notify the local animal control officer within 24 hours if any of the following occur: 1. The dog is loose or unconfined.…

If, at any time during the adjudication process or after an animal has been found to be a dangerous dog by a court of competent jurisdiction, there is a change in the address of the owner or a change in the address where the dangerous dog is maintained, the following notification…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Active ingredient" means an ingredient that: 1. Is independently capable of: a. Preventing, destroying, repelling, or mitigating insects, fun…

A. Collection of samples. Samples of pesticides and devices shall be collected by a designated agent. An official representative sample shall be one which is taken by the commissioner or his duly authorized agent. An unbroken original package shall be taken as the official sample…

Publication of court judgments in cases heard under the criminal or seizure provision of the law shall be in the form of notices, circulars, or bulletins as directed by the commissioner. Statutory Authority§ 3.2-3906 of the Code of Virginia.

A. Articles for which no permit is required. 1. A substance or mixture of substances being tested only to determine its value as a pesticide, or to determine its toxicity or other properties, and is not considered a pesticide within the meaning of § 3.2-3900 of the Code of Virgin…

A. Any pesticide specified in 2VAC5-670-80 that is intended solely for use by a textile manufacturer or commercial laundry, cleaner, or dyer as a mothproofing agent, or used in the manufacture or processing of rubber, glue, or leather goods that would not be suitable for such use…

In addition to those pests defined in Article 1 of the law, the commissioner hereby declares as pests the following forms of plant and animal life and viruses: 1. Mammals, including but not limited to dogs, cats, moles, bats, wild carnivores, armadillos, and deer; 2. Birds, inclu…

No person shall handle, transport, store, display, or distribute pesticides in a manner that may endanger humans and the environment, or food, feed, or any other products that may be transported, stored, displayed, or distributed with the pesticides. Statutory Authority§ 3.2-3906…

No person shall dispose of, discard, or store any pesticides or pesticide containers in a manner that may cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects or pollute any water supply or waterway. Pesticides or pesticide containers must be dis…

A. No person shall apply, dispense, or use any pesticide in or through any equipment or application apparatus unless the equipment or apparatus is in sound mechanical condition and capable of satisfactory operation. All pesticide application equipment shall be properly equipped t…

All pesticides that have been canceled or suspended by the United States Government are subject to cancellation in Virginia. No registration shall be revoked or refused until the registrant has been given an opportunity for a hearing by the commissioner. Any appeal of cancellatio…

Unless otherwise specified, federally permitted uses of pesticides will be permitted in Virginia. Statutory Authority§ 3.2-3906 of the Code of Virginia.

All statements, words, and other information required by the law or by this chapter to appear on the label or labeling of any pesticide shall be in the English language. However, in the case of articles intended solely for distribution to points outside the United States, the app…

When the commissioner has evidence that the use of any highly hazardous pesticide will significantly affect the quality of the environment or the health and safety of individual users, nontarget species, or a geographic area, he shall, with the approval of the board, control the …

Containers other than the original registrant's or manufacturer's containers used for the temporary storage or transportation of pesticide concentrates or end-use dilutions, shall bear abbreviated labeling as elaborated below: PESTICIDE CONCENTRATE A. If the pesticide to be tempo…

A. General sale. 1. All pesticide-fertilizer, pesticide-pesticide, pesticide-animal feed, and pesticide-animal remedy mixtures shall be registered under the requirements of the Virginia Pesticide Control Act (§ 3.2-3900 et seq. of the Code of Virginia) and this chapter prior to s…

A. The name and address of the producer, registrant, or person for whom the product was produced shall appear on the label. If the registrant's name appears on the label and the registrant is not the manufacturer, or if the name of the person for whom the pesticide was manufactur…

A. Location of ingredient statement. The ingredient statement shall appear on the front of the label or that part of the label displayed under customary conditions of purchase, except in cases where the commissioner determines that, due to the size or form of the container, a sta…

A. Pesticides that fall within any of the following categories when tested on laboratory animals as specified in subdivision 1, 2, or 3 of this subsection are highly toxic to humans or contain substances or quantities of substances highly toxic to humans within the meaning of the…

A. Warning or precautionary statements that are necessary and adequate to prevent injury to humans, useful vertebrate and invertebrate animals, and useful vegetation, must appear on the label in a place sufficiently prominent to warn the user. They shall state clearly and in nont…

A. Eligibility. Any manufacturer, packer, seller, distributor, or shipper of a pesticide is eligible as a registrant and may register the pesticide. B. Pesticides requiring registration. All products that require registration under FIFRA, as well as "minimum risk pesticides," are…

A. Unless exempted by 2VAC5-670-130, the white pesticides listed in subsections C and D of this section shall be colored or discolored in compliance with this section. The hues, values, and chromas specified are those contained in the Munsell Book of Color, Munsell Color Company,…

Among representations in the labeling of a pesticide which render it misbranded are the following: 1. A false or misleading statement concerning the composition of the product. 2. A false or misleading statement concerning the effectiveness of the product as a pesticide or device…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined in Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia are hereby incorporated by reference in this chapter…

A. Every pesticide product manufactured, distributed, sold, offered for sale, used, or offered for use within the Commonwealth shall be registered with the commissioner. The fee for registering each brand shall be $225. If a brand has more than one grade, each grade shall be regi…

Any person applying for a certificate as a commercial applicator shall pay to the department an initial nonrefundable certificate fee of $25. All certificates shall expire on June 30 in the second year after issuance unless suspended or revoked for cause. A certificate not suspen…

Any person applying for a certificate as a registered technician shall pay to the department an initial nonrefundable certificate fee of $25. All certificates shall expire on June 30 in the second year after issuance unless suspended or revoked for cause. A certificate not suspen…

Any pesticide business that distributes, stores, sells, recommends for use, mixes, or applies pesticides shall pay a nonrefundable annual pesticide business licensing fee of $75 for each location or outlet that it operates. All business licenses will expire at midnight on March 3…

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 …

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.…

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 t…

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. …

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 subst…

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 …

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. Reco…

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 expiratio…

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…

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 applicat…

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 lega…

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 following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise. "Accident" means an unexpected, undesirable event, involving the use or presence of a pesticide, that adversely affects man or the environmen…