As used in this chapter, unless the context requires a different meaning:
"Active ingredient" means (in the case of a pesticide other than a plantregulator, defoliant, desiccant, or anti-desiccant) an ingredient that willprevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or otherpests.
"Agricultural commodity" means any plant or part thereof, animal, or animalproduct, produced by a person (including farmers, ranchers, vineyardists,plant propagators, Christmas tree growers, aquaculturists, floriculturists,orchardists, foresters, nurserymen, wood treaters not for hire, or othercomparable persons) primarily for sale, consumption, propagation, or otheruse by man or animals.
"Board" means the Pesticide Control Board.
"Certificate" means the document issued to a certified applicator orregistered technician who has completed all the requirements of Article 3.
"Certification" or "certified" means the recognition granted by the Boardto an applicator who has completed all the requirements of Article 3.
"Certified applicator" means a person who: (i) has satisfactorily completedthe Board requirements for certification as a commercial applicator,registered technician, or private applicator; and (ii) has been issued avalid certificate.
"Commercial applicator" means any person who has completed the requirementsfor certification to use or supervise the use of any pesticide for anypurpose or on any property other than as provided in the definition ofprivate applicator.
"Defoliant" means any substance or mixture of substances intended forcausing the leaves or foliage to drop from a plant, with or without causingabscission.
"Desiccant" means any substance or mixture of substances intended forartificially accelerating the drying of plant tissue.
"Device" means any instrument or contrivance intended for: (i) trapping,destroying, repelling, or mitigating insects or rodents; or (ii) destroying,repelling, or mitigating fungi, bacteria, weeds or other pests as may bedesignated by the Commissioner. Device shall not include treated woodproducts, simple mechanical devices such as rattraps, or equipment used forthe application of pesticide when sold separately.
"Fumigant" means any substance or mixture of substances that emits orliberates gases, fumes, or vapors capable of destroying vermin, rodents,insects, and other pests.
"Fungicide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any fungi or plant disease.
"Herbicide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any weed.
"Ingredient statement" or "guaranteed analysis statement" means astatement containing: (i) the name and percentage of each active ingredient;(ii) the total percentage of the inert ingredients; and (iii) if thepesticide contains arsenic in any form, the percentages of total and watersoluble arsenic.
"Insect" means any small invertebrate animal generally having a segmentedform and belonging to the class Insecta including beetles, bugs, and bees.For purposes of this act, the term insect shall also mean classes ofarthropods whose members are usually wingless and have more than six legsincluding spiders, mites, ticks, centipedes, and wood lice.
"Insecticide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any insects that may bepresent in any environment whatsoever.
"Label" means the written, printed or graphic matter on, or attached to,the pesticide or device, or the immediate container thereof, and the outsidecontainer or wrapper of the retail package, if any, of the pesticide ordevice.
"Labeling" means all labels and other written, printed, or graphic matter:(i) upon the pesticide or device or any of its containers or wrappers; (ii)accompanying the pesticide or device at any time; or (iii) referenced on thelabel or in literature accompanying the pesticide or device. Labeling shallnot include current official publications of the agricultural experimentstation, the Virginia Polytechnic Institute and State University, theDepartment, the State Board of Health, or similar federal or stateinstitutions when accurate, nonmisleading reference is made to such officialpublications and such agencies are authorized by law to conduct research inthe field of pesticides.
"Licensed" or "licensee" means a person issued a license by the Board toengage in the sale, storage, distribution, recommendation, or application ofpesticides for compensation.
"Pest" means any deleterious organism that is: (i) any vertebrate animalother than man; (ii) any invertebrate animal excluding any internal parasiteof living man or other living animals; (iii) any plant growing where notwanted, and any plant part such as a root; or (iv) any bacterium, virus, orother microorganisms (except for those on or in living man or other livinganimals and those on or in processed food or processed animal feed,beverages, drugs as defined by the Federal Food, Drug, and Cosmetic Act at 21U.S.C. § 321(g) (1), and cosmetics as defined by the Federal Food, Drug, andCosmetic Act at 21 U.S.C. § 321(i)). Any organism classified as endangered,threatened, or otherwise protected under federal or state laws shall not bedeemed a pest for the purposes of this chapter.
"Pesticide" means: (i) any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any insects, rodents, fungi,bacteria, weeds, other forms of plant or animal life, bacterium, or viruses,except viruses on or in living man or other animals, which the Commissionershall declare to be a pest; (ii) any substance or mixture of substancesintended for use as a plant regulator, defoliant, or desiccant; and (iii) anysubstance intended to become an active ingredient in any substance defined inclause (i) and (ii).
"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 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 agriculturalproducts, unless the owners or operators of such operations described inclauses (i), (ii), and (iii) are engaged in the business of selling oroffering for sale pesticides, or distributing pesticides to persons outsideof that agricultural producing operation in connection with commercialtransactions; or (iv) businesses exempted by regulations adopted by the Board.
"Plant regulator" means any substance or mixture of substances, intendedthrough physiological action, for accelerating or retarding the rate ofgrowth or rate of maturation, or for otherwise altering the behavior ofornamental or crop plants or the produce thereof, but shall not includesubstances to the extent that they are intended as plant nutrients, traceelements, nutritional chemicals, plant inoculants, and soil amendments.
"Private applicator" means an individual who uses or supervises the use ofany pesticide that is classified for restricted use for purposes of producingany agricultural commodity on property owned or rented by him or his employeror, if applied without compensation other than trading of personal servicesbetween producers of agricultural commodities, on the property of anotherperson.
"Registered technician" means an individual who has satisfactorilycompleted the Board requirements for certification to apply general usepesticides, and to apply restricted use pesticides while under the directsupervision of a certified commercial applicator. Registered techniciansrender services similar to those of a certified commercial applicator, buthave not completed all the requirements to be eligible for certification as acommercial applicator.
"Registrant" means the person registering any pesticide pursuant to theprovisions of this chapter.
"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.
"Rodenticide" means any substance or mixture of substances intended forpreventing, destroying, repelling or mitigating rodents or any othervertebrate animal declared by the Commissioner to be a pest.
"Serious violation" means a violation of this chapter or regulation adoptedhereunder that results in a substantial probability of death or seriousphysical harm to persons, serious harm to property, or serious harm to theenvironment unless the person or licensee did not or could not with theexercise of reasonable diligence know of the violation.
"State special use" or "pesticide classified for restricted use in theCommonwealth" means any pesticide that is judged by the Board after specialreview to be so hazardous or injurious to persons, pollinating insects,animals, crops, wildlife, lands, or the environment (other than the pests itis intended to prevent, destroy, control, or mitigate) that additionalrestrictions on its sale, purpose, use, or possession are required.
"Under the direct supervision of" means the act or process whereby theapplication of a pesticide is made by a competent person acting under theinstructions and control of a certified applicator who is responsible for theactions of that person.
"Unreasonable adverse effects on the environment" means any unreasonablerisk to man or the environment, taking into account the economic, social, andenvironmental costs and benefits of the use of any pesticide.
"Use" means the employment of a pesticide for the purposes of: (i)preventing, destroying, repelling, or mitigating any pest; or (ii) regulatingplant growth, causing defoliation or desiccation of plants. The term "use"shall include applying, mixing, handling, or transferring a pesticide afterthe manufacturer's original seal is broken, and any act consistent with thelabel.
(1989, c. 575, § 3.1-249.27; 1993, c. 773; 1995, c. 103; 2008, c. 860.)
As used in this chapter, unless the context requires a different meaning:
"Active ingredient" means (in the case of a pesticide other than a plantregulator, defoliant, desiccant, or anti-desiccant) an ingredient that willprevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or otherpests.
"Agricultural commodity" means any plant or part thereof, animal, or animalproduct, produced by a person (including farmers, ranchers, vineyardists,plant propagators, Christmas tree growers, aquaculturists, floriculturists,orchardists, foresters, nurserymen, wood treaters not for hire, or othercomparable persons) primarily for sale, consumption, propagation, or otheruse by man or animals.
"Board" means the Pesticide Control Board.
"Certificate" means the document issued to a certified applicator orregistered technician who has completed all the requirements of Article 3.
"Certification" or "certified" means the recognition granted by the Boardto an applicator who has completed all the requirements of Article 3.
"Certified applicator" means a person who: (i) has satisfactorily completedthe Board requirements for certification as a commercial applicator,registered technician, or private applicator; and (ii) has been issued avalid certificate.
"Commercial applicator" means any person who has completed the requirementsfor certification to use or supervise the use of any pesticide for anypurpose or on any property other than as provided in the definition ofprivate applicator.
"Defoliant" means any substance or mixture of substances intended forcausing the leaves or foliage to drop from a plant, with or without causingabscission.
"Desiccant" means any substance or mixture of substances intended forartificially accelerating the drying of plant tissue.
"Device" means any instrument or contrivance intended for: (i) trapping,destroying, repelling, or mitigating insects or rodents; or (ii) destroying,repelling, or mitigating fungi, bacteria, weeds or other pests as may bedesignated by the Commissioner. Device shall not include treated woodproducts, simple mechanical devices such as rattraps, or equipment used forthe application of pesticide when sold separately.
"Fumigant" means any substance or mixture of substances that emits orliberates gases, fumes, or vapors capable of destroying vermin, rodents,insects, and other pests.
"Fungicide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any fungi or plant disease.
"Herbicide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any weed.
"Ingredient statement" or "guaranteed analysis statement" means astatement containing: (i) the name and percentage of each active ingredient;(ii) the total percentage of the inert ingredients; and (iii) if thepesticide contains arsenic in any form, the percentages of total and watersoluble arsenic.
"Insect" means any small invertebrate animal generally having a segmentedform and belonging to the class Insecta including beetles, bugs, and bees.For purposes of this act, the term insect shall also mean classes ofarthropods whose members are usually wingless and have more than six legsincluding spiders, mites, ticks, centipedes, and wood lice.
"Insecticide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any insects that may bepresent in any environment whatsoever.
"Label" means the written, printed or graphic matter on, or attached to,the pesticide or device, or the immediate container thereof, and the outsidecontainer or wrapper of the retail package, if any, of the pesticide ordevice.
"Labeling" means all labels and other written, printed, or graphic matter:(i) upon the pesticide or device or any of its containers or wrappers; (ii)accompanying the pesticide or device at any time; or (iii) referenced on thelabel or in literature accompanying the pesticide or device. Labeling shallnot include current official publications of the agricultural experimentstation, the Virginia Polytechnic Institute and State University, theDepartment, the State Board of Health, or similar federal or stateinstitutions when accurate, nonmisleading reference is made to such officialpublications and such agencies are authorized by law to conduct research inthe field of pesticides.
"Licensed" or "licensee" means a person issued a license by the Board toengage in the sale, storage, distribution, recommendation, or application ofpesticides for compensation.
"Pest" means any deleterious organism that is: (i) any vertebrate animalother than man; (ii) any invertebrate animal excluding any internal parasiteof living man or other living animals; (iii) any plant growing where notwanted, and any plant part such as a root; or (iv) any bacterium, virus, orother microorganisms (except for those on or in living man or other livinganimals and those on or in processed food or processed animal feed,beverages, drugs as defined by the Federal Food, Drug, and Cosmetic Act at 21U.S.C. § 321(g) (1), and cosmetics as defined by the Federal Food, Drug, andCosmetic Act at 21 U.S.C. § 321(i)). Any organism classified as endangered,threatened, or otherwise protected under federal or state laws shall not bedeemed a pest for the purposes of this chapter.
"Pesticide" means: (i) any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any insects, rodents, fungi,bacteria, weeds, other forms of plant or animal life, bacterium, or viruses,except viruses on or in living man or other animals, which the Commissionershall declare to be a pest; (ii) any substance or mixture of substancesintended for use as a plant regulator, defoliant, or desiccant; and (iii) anysubstance intended to become an active ingredient in any substance defined inclause (i) and (ii).
"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 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 agriculturalproducts, unless the owners or operators of such operations described inclauses (i), (ii), and (iii) are engaged in the business of selling oroffering for sale pesticides, or distributing pesticides to persons outsideof that agricultural producing operation in connection with commercialtransactions; or (iv) businesses exempted by regulations adopted by the Board.
"Plant regulator" means any substance or mixture of substances, intendedthrough physiological action, for accelerating or retarding the rate ofgrowth or rate of maturation, or for otherwise altering the behavior ofornamental or crop plants or the produce thereof, but shall not includesubstances to the extent that they are intended as plant nutrients, traceelements, nutritional chemicals, plant inoculants, and soil amendments.
"Private applicator" means an individual who uses or supervises the use ofany pesticide that is classified for restricted use for purposes of producingany agricultural commodity on property owned or rented by him or his employeror, if applied without compensation other than trading of personal servicesbetween producers of agricultural commodities, on the property of anotherperson.
"Registered technician" means an individual who has satisfactorilycompleted the Board requirements for certification to apply general usepesticides, and to apply restricted use pesticides while under the directsupervision of a certified commercial applicator. Registered techniciansrender services similar to those of a certified commercial applicator, buthave not completed all the requirements to be eligible for certification as acommercial applicator.
"Registrant" means the person registering any pesticide pursuant to theprovisions of this chapter.
"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.
"Rodenticide" means any substance or mixture of substances intended forpreventing, destroying, repelling or mitigating rodents or any othervertebrate animal declared by the Commissioner to be a pest.
"Serious violation" means a violation of this chapter or regulation adoptedhereunder that results in a substantial probability of death or seriousphysical harm to persons, serious harm to property, or serious harm to theenvironment unless the person or licensee did not or could not with theexercise of reasonable diligence know of the violation.
"State special use" or "pesticide classified for restricted use in theCommonwealth" means any pesticide that is judged by the Board after specialreview to be so hazardous or injurious to persons, pollinating insects,animals, crops, wildlife, lands, or the environment (other than the pests itis intended to prevent, destroy, control, or mitigate) that additionalrestrictions on its sale, purpose, use, or possession are required.
"Under the direct supervision of" means the act or process whereby theapplication of a pesticide is made by a competent person acting under theinstructions and control of a certified applicator who is responsible for theactions of that person.
"Unreasonable adverse effects on the environment" means any unreasonablerisk to man or the environment, taking into account the economic, social, andenvironmental costs and benefits of the use of any pesticide.
"Use" means the employment of a pesticide for the purposes of: (i)preventing, destroying, repelling, or mitigating any pest; or (ii) regulatingplant growth, causing defoliation or desiccation of plants. The term "use"shall include applying, mixing, handling, or transferring a pesticide afterthe manufacturer's original seal is broken, and any act consistent with thelabel.
(1989, c. 575, § 3.1-249.27; 1993, c. 773; 1995, c. 103; 2008, c. 860.)
As used in this chapter, unless the context requires a different meaning:
"Active ingredient" means (in the case of a pesticide other than a plantregulator, defoliant, desiccant, or anti-desiccant) an ingredient that willprevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or otherpests.
"Agricultural commodity" means any plant or part thereof, animal, or animalproduct, produced by a person (including farmers, ranchers, vineyardists,plant propagators, Christmas tree growers, aquaculturists, floriculturists,orchardists, foresters, nurserymen, wood treaters not for hire, or othercomparable persons) primarily for sale, consumption, propagation, or otheruse by man or animals.
"Board" means the Pesticide Control Board.
"Certificate" means the document issued to a certified applicator orregistered technician who has completed all the requirements of Article 3.
"Certification" or "certified" means the recognition granted by the Boardto an applicator who has completed all the requirements of Article 3.
"Certified applicator" means a person who: (i) has satisfactorily completedthe Board requirements for certification as a commercial applicator,registered technician, or private applicator; and (ii) has been issued avalid certificate.
"Commercial applicator" means any person who has completed the requirementsfor certification to use or supervise the use of any pesticide for anypurpose or on any property other than as provided in the definition ofprivate applicator.
"Defoliant" means any substance or mixture of substances intended forcausing the leaves or foliage to drop from a plant, with or without causingabscission.
"Desiccant" means any substance or mixture of substances intended forartificially accelerating the drying of plant tissue.
"Device" means any instrument or contrivance intended for: (i) trapping,destroying, repelling, or mitigating insects or rodents; or (ii) destroying,repelling, or mitigating fungi, bacteria, weeds or other pests as may bedesignated by the Commissioner. Device shall not include treated woodproducts, simple mechanical devices such as rattraps, or equipment used forthe application of pesticide when sold separately.
"Fumigant" means any substance or mixture of substances that emits orliberates gases, fumes, or vapors capable of destroying vermin, rodents,insects, and other pests.
"Fungicide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any fungi or plant disease.
"Herbicide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any weed.
"Ingredient statement" or "guaranteed analysis statement" means astatement containing: (i) the name and percentage of each active ingredient;(ii) the total percentage of the inert ingredients; and (iii) if thepesticide contains arsenic in any form, the percentages of total and watersoluble arsenic.
"Insect" means any small invertebrate animal generally having a segmentedform and belonging to the class Insecta including beetles, bugs, and bees.For purposes of this act, the term insect shall also mean classes ofarthropods whose members are usually wingless and have more than six legsincluding spiders, mites, ticks, centipedes, and wood lice.
"Insecticide" means any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any insects that may bepresent in any environment whatsoever.
"Label" means the written, printed or graphic matter on, or attached to,the pesticide or device, or the immediate container thereof, and the outsidecontainer or wrapper of the retail package, if any, of the pesticide ordevice.
"Labeling" means all labels and other written, printed, or graphic matter:(i) upon the pesticide or device or any of its containers or wrappers; (ii)accompanying the pesticide or device at any time; or (iii) referenced on thelabel or in literature accompanying the pesticide or device. Labeling shallnot include current official publications of the agricultural experimentstation, the Virginia Polytechnic Institute and State University, theDepartment, the State Board of Health, or similar federal or stateinstitutions when accurate, nonmisleading reference is made to such officialpublications and such agencies are authorized by law to conduct research inthe field of pesticides.
"Licensed" or "licensee" means a person issued a license by the Board toengage in the sale, storage, distribution, recommendation, or application ofpesticides for compensation.
"Pest" means any deleterious organism that is: (i) any vertebrate animalother than man; (ii) any invertebrate animal excluding any internal parasiteof living man or other living animals; (iii) any plant growing where notwanted, and any plant part such as a root; or (iv) any bacterium, virus, orother microorganisms (except for those on or in living man or other livinganimals and those on or in processed food or processed animal feed,beverages, drugs as defined by the Federal Food, Drug, and Cosmetic Act at 21U.S.C. § 321(g) (1), and cosmetics as defined by the Federal Food, Drug, andCosmetic Act at 21 U.S.C. § 321(i)). Any organism classified as endangered,threatened, or otherwise protected under federal or state laws shall not bedeemed a pest for the purposes of this chapter.
"Pesticide" means: (i) any substance or mixture of substances intended forpreventing, destroying, repelling, or mitigating any insects, rodents, fungi,bacteria, weeds, other forms of plant or animal life, bacterium, or viruses,except viruses on or in living man or other animals, which the Commissionershall declare to be a pest; (ii) any substance or mixture of substancesintended for use as a plant regulator, defoliant, or desiccant; and (iii) anysubstance intended to become an active ingredient in any substance defined inclause (i) and (ii).
"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 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 agriculturalproducts, unless the owners or operators of such operations described inclauses (i), (ii), and (iii) are engaged in the business of selling oroffering for sale pesticides, or distributing pesticides to persons outsideof that agricultural producing operation in connection with commercialtransactions; or (iv) businesses exempted by regulations adopted by the Board.
"Plant regulator" means any substance or mixture of substances, intendedthrough physiological action, for accelerating or retarding the rate ofgrowth or rate of maturation, or for otherwise altering the behavior ofornamental or crop plants or the produce thereof, but shall not includesubstances to the extent that they are intended as plant nutrients, traceelements, nutritional chemicals, plant inoculants, and soil amendments.
"Private applicator" means an individual who uses or supervises the use ofany pesticide that is classified for restricted use for purposes of producingany agricultural commodity on property owned or rented by him or his employeror, if applied without compensation other than trading of personal servicesbetween producers of agricultural commodities, on the property of anotherperson.
"Registered technician" means an individual who has satisfactorilycompleted the Board requirements for certification to apply general usepesticides, and to apply restricted use pesticides while under the directsupervision of a certified commercial applicator. Registered techniciansrender services similar to those of a certified commercial applicator, buthave not completed all the requirements to be eligible for certification as acommercial applicator.
"Registrant" means the person registering any pesticide pursuant to theprovisions of this chapter.
"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.
"Rodenticide" means any substance or mixture of substances intended forpreventing, destroying, repelling or mitigating rodents or any othervertebrate animal declared by the Commissioner to be a pest.
"Serious violation" means a violation of this chapter or regulation adoptedhereunder that results in a substantial probability of death or seriousphysical harm to persons, serious harm to property, or serious harm to theenvironment unless the person or licensee did not or could not with theexercise of reasonable diligence know of the violation.
"State special use" or "pesticide classified for restricted use in theCommonwealth" means any pesticide that is judged by the Board after specialreview to be so hazardous or injurious to persons, pollinating insects,animals, crops, wildlife, lands, or the environment (other than the pests itis intended to prevent, destroy, control, or mitigate) that additionalrestrictions on its sale, purpose, use, or possession are required.
"Under the direct supervision of" means the act or process whereby theapplication of a pesticide is made by a competent person acting under theinstructions and control of a certified applicator who is responsible for theactions of that person.
"Unreasonable adverse effects on the environment" means any unreasonablerisk to man or the environment, taking into account the economic, social, andenvironmental costs and benefits of the use of any pesticide.
"Use" means the employment of a pesticide for the purposes of: (i)preventing, destroying, repelling, or mitigating any pest; or (ii) regulatingplant growth, causing defoliation or desiccation of plants. The term "use"shall include applying, mixing, handling, or transferring a pesticide afterthe manufacturer's original seal is broken, and any act consistent with thelabel.
(1989, c. 575, § 3.1-249.27; 1993, c. 773; 1995, c. 103; 2008, c. 860.)
