State Codes and Statutes

Statutes > Virginia > Title-2-2 > Chapter-43 > 2-2-4314

§ 2.2-4314. Petition for procurement of less toxic goods and products;periodic review of procurement standards.

A. As used in this section:

"Goods and products" means goods and products that are used or consumed byan agency of the Commonwealth in the performance of its statutory functions.The term shall include, but not be limited to (i) cleaning materials, (ii)paints and coatings, (iii) solvents, (iv) adhesives, (v) inks, and (vi)pesticides and herbicides. The term shall not include: (i) fuels, (ii) foodand beverages, (iii) furniture and fixtures, (iv) tobacco products, and (v)packaging and containers.

"Less toxic goods and products" means goods and products that (i) arefunctionally equivalent to and (ii) contain, emit, produce, or generate, lesstoxic or hazardous substances, or other toxic or hazardous substances thatpose less of a hazard to public health and safety, or both, than goods andproducts procured by the Department of General Services or other agency ofthe Commonwealth.

"Toxic or hazardous substance" means (i) a chemical identified on the ToxicChemical List established pursuant to § 313 of the Emergency Planning andCommunity Right-to-Know Act, 42 U.S.C. § 11001 et seq. (P.L. 99-499) or (ii)a chemical listed pursuant to §§ 101 (14) or 102 of the ComprehensiveEnvironmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 etseq. (P.L. 92-500).

B. Any person who manufactures, sells, or supplies goods or products maypetition the Department of General Services or other appropriate agency ofthe Commonwealth for the inclusion of the less toxic goods and products inits procurement process. The petitioner shall submit, prior to or during theprocurement process, documentation that establishes that the goods orproducts meet the performance standards set forth in the applicablespecifications. If the Department of General Services or other agency of theCommonwealth that receives the petition determines that the documentationestablishes that the less toxic goods or products meet the performancestandards set forth in the applicable specifications, it shall incorporatesuch goods or products into its procurement process.

C. The Department of General Services and all agencies of the Commonwealthshall review and revise their procurement procedures and specifications on acontinuing basis to encourage the use of less toxic goods and products.However, nothing in this section shall require the Department or otheragencies to purchase, test or evaluate any particular goods or products. Norshall this section require the Department to purchase goods or products otherthan those that would be purchased under regular procurement procedures.

(1994, c. 946, § 11-41.02; 2001, c. 844.)

State Codes and Statutes

Statutes > Virginia > Title-2-2 > Chapter-43 > 2-2-4314

§ 2.2-4314. Petition for procurement of less toxic goods and products;periodic review of procurement standards.

A. As used in this section:

"Goods and products" means goods and products that are used or consumed byan agency of the Commonwealth in the performance of its statutory functions.The term shall include, but not be limited to (i) cleaning materials, (ii)paints and coatings, (iii) solvents, (iv) adhesives, (v) inks, and (vi)pesticides and herbicides. The term shall not include: (i) fuels, (ii) foodand beverages, (iii) furniture and fixtures, (iv) tobacco products, and (v)packaging and containers.

"Less toxic goods and products" means goods and products that (i) arefunctionally equivalent to and (ii) contain, emit, produce, or generate, lesstoxic or hazardous substances, or other toxic or hazardous substances thatpose less of a hazard to public health and safety, or both, than goods andproducts procured by the Department of General Services or other agency ofthe Commonwealth.

"Toxic or hazardous substance" means (i) a chemical identified on the ToxicChemical List established pursuant to § 313 of the Emergency Planning andCommunity Right-to-Know Act, 42 U.S.C. § 11001 et seq. (P.L. 99-499) or (ii)a chemical listed pursuant to §§ 101 (14) or 102 of the ComprehensiveEnvironmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 etseq. (P.L. 92-500).

B. Any person who manufactures, sells, or supplies goods or products maypetition the Department of General Services or other appropriate agency ofthe Commonwealth for the inclusion of the less toxic goods and products inits procurement process. The petitioner shall submit, prior to or during theprocurement process, documentation that establishes that the goods orproducts meet the performance standards set forth in the applicablespecifications. If the Department of General Services or other agency of theCommonwealth that receives the petition determines that the documentationestablishes that the less toxic goods or products meet the performancestandards set forth in the applicable specifications, it shall incorporatesuch goods or products into its procurement process.

C. The Department of General Services and all agencies of the Commonwealthshall review and revise their procurement procedures and specifications on acontinuing basis to encourage the use of less toxic goods and products.However, nothing in this section shall require the Department or otheragencies to purchase, test or evaluate any particular goods or products. Norshall this section require the Department to purchase goods or products otherthan those that would be purchased under regular procurement procedures.

(1994, c. 946, § 11-41.02; 2001, c. 844.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-2-2 > Chapter-43 > 2-2-4314

§ 2.2-4314. Petition for procurement of less toxic goods and products;periodic review of procurement standards.

A. As used in this section:

"Goods and products" means goods and products that are used or consumed byan agency of the Commonwealth in the performance of its statutory functions.The term shall include, but not be limited to (i) cleaning materials, (ii)paints and coatings, (iii) solvents, (iv) adhesives, (v) inks, and (vi)pesticides and herbicides. The term shall not include: (i) fuels, (ii) foodand beverages, (iii) furniture and fixtures, (iv) tobacco products, and (v)packaging and containers.

"Less toxic goods and products" means goods and products that (i) arefunctionally equivalent to and (ii) contain, emit, produce, or generate, lesstoxic or hazardous substances, or other toxic or hazardous substances thatpose less of a hazard to public health and safety, or both, than goods andproducts procured by the Department of General Services or other agency ofthe Commonwealth.

"Toxic or hazardous substance" means (i) a chemical identified on the ToxicChemical List established pursuant to § 313 of the Emergency Planning andCommunity Right-to-Know Act, 42 U.S.C. § 11001 et seq. (P.L. 99-499) or (ii)a chemical listed pursuant to §§ 101 (14) or 102 of the ComprehensiveEnvironmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 etseq. (P.L. 92-500).

B. Any person who manufactures, sells, or supplies goods or products maypetition the Department of General Services or other appropriate agency ofthe Commonwealth for the inclusion of the less toxic goods and products inits procurement process. The petitioner shall submit, prior to or during theprocurement process, documentation that establishes that the goods orproducts meet the performance standards set forth in the applicablespecifications. If the Department of General Services or other agency of theCommonwealth that receives the petition determines that the documentationestablishes that the less toxic goods or products meet the performancestandards set forth in the applicable specifications, it shall incorporatesuch goods or products into its procurement process.

C. The Department of General Services and all agencies of the Commonwealthshall review and revise their procurement procedures and specifications on acontinuing basis to encourage the use of less toxic goods and products.However, nothing in this section shall require the Department or otheragencies to purchase, test or evaluate any particular goods or products. Norshall this section require the Department to purchase goods or products otherthan those that would be purchased under regular procurement procedures.

(1994, c. 946, § 11-41.02; 2001, c. 844.)