Business and Industry Guide to Environmental Permits in Virginia

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5. Department of Agriculture and Consumer Services

The federal Environmental Pesticide Control Act of 1972 makes it illegal to sell or transfer a pesticide unless the pesticide is registered with EPA. Any establishment that produces a pesticide must also be registered with EPA. The Federal Insecticide, Fungicide and Rodenticide Act of 1980requires that every insecticide, fungicide and rodenticide that is distributed or sold must be registered with EPA. In addition, the labeling of such products must comply with certain requirements. FIFRA requires users of pesticides to adhere to the requirements and prohibitions on the pesticide label. Each registration specifies the target hosts and pests on which it may be applied, and each use must be
supported by research data on safety and efficacy.

The Virginia Pesticide Control Act was enacted in 1989 to regulate the manufacture, disposal, transportation, sale, application and storage of pesticides. The act created the Pesticide Control Board, which is responsible for promulgating and implementing regulations required to carry out the provisions of the act. Although the Board has the ultimate responsibility for administering the regulatory programs, the Department of Agriculture and Consumer Services, under the supervision of the Commissioner of Agriculture and Consumer Services, has the daily responsibility for carrying out Virginia's pesticide management program.

The act requires that every pesticide that is manufactured, distributed, sold or offered for sale, used or offered for use within the state must be registered in accordance with regulations adopted by the Board. An individual planning to apply any pesticides, whether general use or restricted use, for industrial or commercial purposes, must obtain certification prior to applying the pesticides.

5.1 Pesticide Distribution and Pesticide Business License

5.1.1 Who Must Apply
Any person or firm engaged in the business of distributing, selling, offering for sale, applying, storing or recommending the use of pesticides directly to the user (except wood treaters not for hire and others exempted by the Pesticide Control Board).

5.1.2 Authority
Virginia Pesticide Control Act
Virginia Code §§ 3.1-249.27 and 3.1-249.46
Virginia Administrative Code 2 VAC 20-40-10 et seq.

5.1.3 Term
One year, expiring each March 31. Renewal is by application and payment of fee by March 31.

5.1.4 Fees
$50.00 per year

5.1.5 Typical Requirements of a License

1. Ensure the presence of a certified applicator at the place of business, if applying pesticides or selling restricted-use* pesticides, and keep the Department of Agriculture and Consumer Services, Office of Pesticide Services notified as to who is the designated commercial applicator.
   
2. Maintain records of pesticide sales and use as required by the regulations.
   
3. Maintain required financial responsibility (insurance).
   (* Restricted-use pesticides are those listed as such by the EPA. Contact the Virginia Department of Agriculture and Consumer Services, for a given pesticide's classification.)

5.1.6 Application Process

1. Contact the Virginia Department of Agriculture and Consumer Services, Office of Pesticide Services.
   
2. Demonstrate knowledge of pesticide laws and regulations, potential hazards of pesticides to humans and environment, and safe distribution and disposal by passing a written exam if the business sells $50,000 or more annually of nonrestricted use pesticides. A business selling restricted-use pesticides must apply for a pesticide business license and must employ a commercial pesticide applicator; however, if the person applying for a pesticide business license is already certified as a commercial applicator, she or he is exempt from the business license exam.
   
3. Submit application and fee.
   4. Provide evidence of financial responsibility.

5.2 Pesticide Applicator Certification

5.2.1 Who Must Apply
Any individual who plans to use pesticides commercially or to use restricted use* pesticides for farming. The Virginia Pesticide Control Act provides for four classes of certified applicators: commercial applicators, commercial applicators not-for-hire, registered technicians and private applicators.

Generally, private applicators are persons certified to apply restricted-use pesticides to produce agricultural commodities. Commercial applicators are persons certified to apply any pesticides for any purpose or on any property other than as provided in the definition of a private applicator in the Virginia

Pesticide Control Act. Registered technicians are persons certified to apply general use pesticides unsupervised and restricted-use pesticides under the supervision of a certified commercial applicator.

(* Restricted use pesticides are those listed as such by the EPA. Contact the Virginia Department of Agriculture and Consumer Services for a given pesticide's classification.)

5.2.2 Authority
Virginia Pesticide Control Act
Virginia Code §§ 3.1-249.27 through 3.1-249.78
Virginia Administrative Code 2 VAC 20-51-10 et seq.

5.2.3 Term
Commercial applicators and registered technicians must obtain new certificates biannually, and all certificates in these two classes expire on June 30 of every other year. These applicators must apply for new certificates and pay the application fee prior to June 30 in the second year of their certification.

Private applicators must obtain new certificates every two years, and all private applicator certificates expire on December 31 in the second year following certification.

5.2.4 Fees
Commercial applicator -- $70/2 years
Registered technician -- $30/2 years
Private applicator -- no fee

5.2.5 Typical Requirements of Certification
Maintain records of restricted pesticides used, quantities applied, pests targeted and locations receiving application. Name, address and telephone number of customer and address or location name, and certification number or person making application, date applied, name of product, EPA registration number of product and type of application equipment used.

5.2.6 Application Process

1. Contact the Department of Agriculture and Consumer Services, Office of Pesticide Services.
   
2. Successfully complete training approved by the Pesticide Control Board.
   
3. Submit application fee (if required).
   
4. Pass the examination(s) administered by the Department of Agriculture and Consumer Services. Aerial applicators must meet additional requirements of the Federal Aviation Administration and State Department of Aviation.
   
5. For renewal of certification, complete an approved recertification course and apply for recertification prior to the date on which certification expires.

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