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Home » US Law » 2019 US Virgin Islands Code » Title 12 - Conservation » Chapter 19 - Pesticide Control

§ 821. Experimental use permits

(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 are necessary to qualify for such certification. (b) After certification by the Administrator of […]

§ 822. Approved agricultural uses

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 labeling.

§ 823. Commercial permits

(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 required by the Commissioner and in a form prescribed by […]

§ 824. Purchase permits

(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 prescribed by the Commissioner. The Commissioner shall examine the application and shall […]

§ 825. Pesticide applicator certification

(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 holds a valid identification card issued by the Commissioner. (b) […]

§ 826. Pesticide business and agency registration

(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 such information as the Commissioner shall require. (c) An applicant for […]

§ 827. Denial or revocation of certification or registration

(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 upon which the certificate or registration was issued is or was false or […]

§ 828. Certification and registration fees

(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 for each additional sub-category chosen. For private applicators there shall be a fee for […]

§ 829. Requirements and restrictions for commercial lawn application

(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 supply the property owner or his agent with a […]

§ 830. Visual notification

(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 markers must be posted at least twelve inches above […]

§ 831. Lawn applications

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 or residential lawn application shall display a sign meeting standards, established by the Commissioner pursuant to subsection […]

§ 832. Rules and regulations

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 retail establishments that sell general use pesticides for commercial or residential lawn application. […]

§ 833. Access to pesticide information

(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 provide the name, address, or any other information which would […]

§ 834. Record keeping and reporting

(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-digit zip code). The records must be maintained for a period of not less than three […]

§ 835. Record keeping and reporting of sales/use of restricted use pesticides

(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 the territory during the preceding year of each restricted use pesticide product which […]

§ 836. Unlawful acts

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 following: (1) Any pesticide which has not been registered pursuant […]

§ 837. Registration not a defense

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.

§ 838. Pesticides that may be seized

(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 confiscation or be made the subject of a stop-use order: (1) If […]

§ 839. Procedure following seizure

(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 been issued for its sale, offer for sale, […]

§ 840. Investigations

(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 and the rules of the department made pursuant thereto. (b) […]