US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 3.2-3900. Definitions

As used in this chapter, unless the context requires a different meaning: “Active ingredient” means (in the case of a pesticide other than a plant regulator, defoliant, desiccant, or anti-desiccant) an ingredient that will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests. “Agricultural commodity” means any plant or part thereof, animal, […]

§ 3.2-3904. Powers and duties of the Board

The Board shall have the following powers and duties: 1. Appoint advisory committees as necessary to implement this chapter; 2. Contract for research projects and establish priorities; 3. Consult with the Department of Environmental Quality regarding compliance with the applicable waste management regulations for the safe and proper disposal of pesticide concentrates, used pesticide containers, […]

§ 3.2-3906. Board to adopt regulations

The Board may adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), including: 1. Licensing of businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides; 2. Registration of pesticides for manufacture, distribution, sale, storage, or use; 3. Requiring reporting and record keeping related to licensing and registration; 4. Establishing […]

§ 3.2-3907. Delegation of authority; exclusive authority to regulate

The Board may delegate any authority vested in it under this chapter to the Commissioner or other employees of the Department. The Board shall have the exclusive authority to regulate pesticides in accordance with this chapter. The Board’s authority to regulate pesticides under this chapter shall not be delegated to any locality. 1989, c. 575, […]

§ 3.2-3908. Protection of trade secrets and other information

A. In submitting data required by this chapter, the applicant may: (i) clearly mark any portions that he believes are trade secrets or commercial or financial information; and (ii) submit such marked materials separately from other material. B. The Commissioner shall not make public information that, in his judgment, contains or relates to trade secrets […]

§ 3.2-3909. Reports of pesticide accidents and incidents

The Board shall by regulation require the reporting of significant pesticide accidents or incidents posing a threat to humans or the environment to appropriate governmental agencies. To the extent feasible, accident reporting requirements shall be consistent with similar reports required under other laws. 1975, c. 377, § 3.1-249.10; 1981, c. 260; 1989, c. 575, § […]

§ 3.2-3910. Complaints to Commissioner or the Board

Any person may register a written complaint with the Commissioner or the Board relating to the sale, use, storage, handling, or disposal of any pesticide. The Commissioner or the Board shall institute an investigation of the alleged damage caused by such pesticide. The Commissioner may seek the advice of other state or federal agencies or […]

§ 3.2-3911. Damages resulting from pesticide use or application

A. Any person claiming damages from the use or application of any pesticide classified for restricted use shall file with the Commissioner a written statement within 60 days after the date that damages occurred and, if a growing crop is alleged to have been damaged, prior to the time that 25 percent of the crop […]

§ 3.2-3912. Pesticide Control Fund established

There is hereby created in the state treasury a special nonreverting fund to be known as the Pesticide Control Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All moneys levied and collected under the provisions of this chapter shall be paid into the state treasury […]