§19-16A-1. Short Title
This article shall be known as the "West Virginia Pesticide Control Act of 1990".
§19-16A-10. Restricted Use Pesticides
No person may use any pesticide classified for restricted use unless that person has first complied with the certification requirements of the rules promulgated pursuant to this article, unless such person is acting under the direct supervision of a certified applicator.
§19-16A-11. Application of This Article to Government Entities; Liability
All state agencies, municipal corporations or any other governmental agency are subject to the provisions of this article and rules adopted thereunder concerning the registration or application of pesticides. These agencies are exempt from any fees prescribed by this article. The governmental agencies and municipal corporations are subject to legal recourse by any person damaged […]
§19-16A-12. Private and Commercial Applicator's License and Certificate; Registered Technician Certificate
(a) Application for a private or commercial applicator's license shall be made in writing to the commissioner on forms approved or supplied by the commissioner. Each application shall contain: (1) The full name of the person applying for the license;
§19-16A-13. Renewals
Any person holding a current valid license, permit or certification may renew such license, permit or certification for the next year without taking another examination, unless the license, permit or certification is not renewed by April 1 of any year in which case such licensee, permittee or certificate holder shall be required to take another […]
§19-16A-14. Exemptions
(a) Veterinarian exemption. The provisions of 19-16A-7 of this code relating to licenses and requirements for their issuance do not apply to a doctor of veterinary medicine applying pesticides to animals during the normal course of his or her veterinary practice: Provided, That he or she is not regularly engaged in the business of applying […]
§19-16A-15. Reexamination or Special Examinations
Any applicator, whose certificate has been suspended, revoked or modified or if significant technological developments have occurred requiring additional knowledge related to the classification or subclassification for which the applicator has applied, or when required by additional standards established by the United States environmental protection agency, or when required by rules of the commissioner, is […]
§19-16A-16. Employee Training Program
A licensee shall register with the commissioner any employee who performs pest control within thirty days after employment. The employee must have successfully completed training approved by the department. An employee who has not successfully completed training may only apply pesticides if a certified applicator is physically present at the time and place the pesticide […]
§19-16A-17. Reciprocal Agreement
The commissioner may waive all or part of any license examination requirement provided for in this article on a reciprocal basis with any other state which has standards at least equal to those of West Virginia and with federal agencies whose employees are certified under a government agency plan approved by the administrator of the […]
§19-16A-18. Denial, Suspension or Revocation of License, Permit or Certification; Civil Penalty
The commissioner shall notify any licensee of violations of this article by the licensee, and after inquiry, including opportunity for a hearing, may deny, suspend, revoke or modify any provision of any license, permit or certification issued under this article, or he or she may impose a civil penalty as provided hereafter by this article, […]
§19-16A-19. Pesticide Accidents; Incidents or Loss
(a) Any person claiming damages for a pesticide application shall file with the commissioner, on a form provided by the commissioner, a written statement claiming that he or she has been damaged. This report must be filed within sixty days after the date that damages occurred. If a growing crop is alleged to have been […]
§19-16A-2. Declaration of Purpose; Legislative Finding
The purpose of this article is to regulate and control pesticides in the public interest, by their registration, use and application. The Legislature finds that pesticides perform a vital function in modern society because they control insects, fungi, nematodes, rodents and other pests which ravage and destroy our food and fiber, which serve as vectors […]
§19-16A-20. Legal Recourse of Aggrieved Persons
Any person aggrieved by any action of the commissioner may obtain a review thereof by filing in a court of competent jurisdiction, within thirty days of notice of the action, a written petition praying that the action of the commissioner be set aside. A copy of such petition shall forthwith be delivered to the commissioner […]
§19-16A-21. Violations
It is unlawful for any person to manufacture, distribute, sell or offer for sale, use or offer to use: (1) Product registration. (A) Any pesticide which is not registered pursuant to the provisions of this article, or any pesticide if any of the claims made for it or any of the directions for its use […]
§19-16A-22. Criminal Penalties; Civil Penalties; Negotiated Agreement
(a) Criminal penalties. — Any person violating any provision of this article or rule adopted hereunder is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 for the first offense, and for the second offense, shall be fined not less than $500 nor more than […]
§19-16A-23. Continuation of Pesticide Control Fund in State Treasury; Disposition of Certain Fees to General Revenue Fund
There is continued a special fund in the state Treasury to be known as Pesticide Control Fund and may be expended on order of the commissioner. All product registration fees, dealer, commercial and private applicator license fees, pesticide application business license fees, nondedicated fees and civil penalties collected under this article shall be placed in […]
§19-16A-24. Issuance of Subpoenas
The commissioner may issue subpoenas to compel the attendance of the witnesses or production of books, documents and records anywhere in the state in any hearing affecting the authority or privilege granted by a license, certification or permit issued under the provisions of this article.
§19-16A-25. Right of Commissioner to Enter and Inspect; Enforcement of Article
(a) For the purpose of carrying out the provisions of this article, the commissioner may enter upon any public or private premises, other than a dwelling house and the curtilage thereof, at reasonable times, after reasonable notification to the owner, tenant or agent, in order to: (1) Have access for the purpose of inspecting any […]
§19-16A-26. Issuance of Stop-Sale; Use or Renewal Orders; Judicial Review
The commissioner shall issue and enforce a written or printed "stop-sale, use or renewal" order directed to the owner or custodian of any lot of pesticide, requiring him or her to hold the lot of pesticide at a designated place, when the commissioner finds the pesticide is being offered or exposed for sale or use […]
§19-16A-27. Issuing Warnings
Nothing in this article requires the commissioner to report, for the institution of proceedings under this article, minor violations of this article whenever the commissioner believes that the public interest will be adequately served by a suitable written notice or warning to the person violating the provisions of this article.