Virginia Pesticide Use, Records and Storage
About 5 of every 50 questions on a Virginia Core practice exam come from this topic.
Sources checked
What to know
Virginia makes it unlawful to use a pesticide inconsistently with its labeling, except for the deviations in FIFRA Section 2(ee), to dispose of containers or leftovers against label directions, to use a pesticide against protected fish, game or migratory birds without authorization, or to remove or deface a label. An uncertified farm worker may use restricted use pesticides only under the direct supervision of the private applicator on that applicator's land. A supervising certified applicator is responsible for the supervised person's actions; on-site supervision adds presence on the property and constant visual contact, and supervised ground forestry crews are limited to eight per applicator within voice contact and 200 feet. Licensed businesses record every application, general or restricted use, including the EPA registration number and the amounts of concentrate and diluent; they keep records two years and produce records not readily available within 72 hours of a written request. Not-for-hire applicators keep similar records, including equipment type, for two years. Restricted use sales records include the buyer's certificate or license number and its expiration date, and separate, complete invoices qualify. Incidents that threaten people or the environment are reported whether or not a restricted use pesticide is involved: by phone within 48 hours at most, then in writing within 10 working days, naming nearby waters at risk; VDACS advises whether a spill is a reportable quantity. Pesticides must not be handled or transported in ways that endanger people, the environment, food or feed, and disposal follows all solid and hazardous waste laws. Equipment must have leakproof tanks, cut-off valves and backflow protection, except gravity filling of farm equipment from a separate tank whose fill pipe stays above the water level. Service containers carry abbreviated labels, with dilutions marked "Diluted" or "End-Use Concentrate"; hand-held devices of three gallons or less are exempt. Damage claims for restricted use pesticides are filed within 60 days and before 25 percent of a damaged crop is harvested, and a claimant who blocks inspection ends VDACS's duty to act. VDACS issues stop-use orders, may seek a search warrant when refused entry, and the Board's authority cannot be delegated to localities. Selling restricted use pesticides to uncertified buyers, or refusing access to records, are grounds for action against a license or certificate.
Where it comes from
- Va. Code §§ 3.2-3939, 3.2-3942 (Article 5 full text)
- 7 U.S.C. § 136(ee)
- Va. Code §§ 3.2-3900, 3.2-3907, 3.2-3929
- Va. Code §§ 3.2-3911, 3.2-3940, 3.2-3944
- 2VAC5-685-10, 2VAC5-685-60, 2VAC5-685-170
- 2VAC5-685-200, 2VAC5-685-210
- 2VAC5-680-50, 2VAC5-680-60, 2VAC5-680-65
- 2VAC5-670-150, 2VAC5-670-160, 2VAC5-670-170, 2VAC5-670-210
Try a practice question
To get faster results, an applicator mixes an insecticide at twice the highest rate on its label for the site. How does Virginia law treat this application?
- AAs lawful, because FIFRA Section 2(ee) allows rate changes either way
- BAs lawful, because a certified applicator chose the rate
- CAs lawful, if the customer agreed to the higher rate in writing
- DAs unlawful use inconsistent with the product's labeling
Show the answer
As unlawful use inconsistent with the product's labeling. Using a pesticide in a manner inconsistent with its labeling is unlawful. The deviations Virginia allows are those in FIFRA Section 2(ee), which covers rates lower than the label (7 U.S.C. 136(ee)(1)), not higher ones.
Va. Code § 3.2-3939 B; 7 U.S.C. § 136(ee)