§ 3.2-3945. Seizure, condemnation, and sale
Any lot of pesticide in violation of this chapter shall be subject to seizure on complaint of the Commissioner to the circuit court in the area where the pesticide is located. If the court finds the pesticide to be in violation of this chapter and orders its condemnation, it shall be disposed of after the […]
§ 3.2-3946. Proceedings in case of violations
A. If the examination of laboratory results or other evidence collected during an investigation appears to show a violation of this chapter or any of the regulations issued hereunder, the Commissioner may provide notice of the alleged violation to the registrant, distributor, possessor, licensee, applicator, or other person from whom such evidence was taken. This […]
§ 3.2-3947. Penalties
A. Except as otherwise provided, any person who knowingly violates any provisions of this chapter or regulations adopted hereunder is guilty of a Class 1 misdemeanor and shall be subject to an additional fine of up to $500,000 if death or serious physical harm to any person is caused by the violation. B. The Commissioner […]
§ 3.2-3940. Administrative violations
A. In addition to imposing civil penalties and referring violations for criminal prosecution, the Board may deny, suspend, modify, or revoke a license after providing an opportunity for a hearing if it finds that the applicant, licensee, or his employee has committed any of the following violations: 1. Made false or fraudulent claims through any […]
§ 3.2-3941. Exemptions from penalties
The penalties provided for violations of subsection A of § 3.2-3939 and § 3.2-3940 shall not apply to: 1. Any carrier transporting pesticides if such carrier permits the Commissioner to copy all records showing the transactions in and movements of the pesticides upon request; 2. Public officials of the Commonwealth and the federal government engaged […]
§ 3.2-3942. Right of entry; warrant requirements; procedure
A. The Commissioner may enter any public or private premises operating as a pesticide business at reasonable times, with the consent of the owner or tenant thereof, and upon presentation of appropriate credentials for carrying out the purposes of this chapter. B. If the Commissioner is denied access, he may apply for an administrative search […]
§ 3.2-3943. Civil penalties; procedure
A. The Board may assess against any person violating this chapter or regulations adopted hereunder a civil penalty after providing written notice of the alleged violation. Such notice shall not constitute a case decision as defined in § 2.2-4001. The person so notified shall have 30 days to provide any additional, relevant facts to the […]
§ 3.2-3944. “Stop-sale or removal” orders; “stop-use” orders; judicial review
A. When the Commissioner has reason to believe that a pesticide is being offered for sale or use or is being used in violation of any of the provisions of this chapter, he shall issue and enforce a written or printed “stop sale or removal” order. The order shall be directed to the owner or […]
§ 3.2-3935. Definitions
As used in this article, unless the context requires otherwise: “Acceptable release rate” means a measured release rate not to exceed 4.0 micrograms per square centimeter per day at steady state conditions as determined in accordance with a U.S. Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July […]
§ 3.2-3936. Sale and application of tributyltin compounds
A. Except as otherwise provided in this section, it is unlawful to distribute, possess, sell or offer for sale, apply or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the Department of Wildlife Resources, Virginia Marine Resources Commission, or the Department may seize any antifoulant paint held in […]