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 or desiccant, an ingredient which will prevent, destroy, repel, or […]
(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 movement [of] the pesticides; (2) The manufacturer or shipper […]
(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 department designated by the Commissioner; however, all hearings held under this […]
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.
(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 examined, analyzed or tested the pesticide […]
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 registered under the provisions of any federal act providing for the registration of […]
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 pesticide operations of the applicator business, its employees and its agents. The Commissioner […]
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 labeling accompanying the pesticide and […]
(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 registration. If the Commissioner does not issue a determination of completeness or incompleteness within […]
The Commissioner may, by rules and regulations, set fees.
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 Insecticide, Fungicide, and Rodenticide Act, as amended.
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 this section may be revealed, when necessary under this section, to an advisory committee, or […]
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 register the pesticide.
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 registration of the manner in which the pesticide, labeling, or […]
(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) Whenever the Commissioner determines that registration of a pesticide should […]
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 program to provide an adequate understanding of the health and environmental impacts of pesticide use in the Virgin […]
(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 of adequately diversified professional background selected by the department and shall include […]
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 by an advisory committee shall be made a part of the record of […]
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 shall give the registrant prompt notice of such action and afford […]
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.
