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VIRGINIA PESTICIDE LAWS & REGULATIONS

Virginia Pesticide Laws & Regulations

  • Virginia Pesticide Control Act
  • Chapter 670 Rules and Regulations for Enforcement of the Virginia Pesticide Law
  • Chapter 675 Rules and Regulations Governing the Pesticide Fees Charged by the Department of Agriculture and Consumer Services under the Virginia Pesticide Control Act
  • Chapter 680 Rules and Regulations Governing Licensing of Pesticide Businesses by the Department of Agriculture and Consumer Services operating under authority of the Virginia Pesticide Control Act
  • Chapter 685 Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act
  • Chapter 690 Regulations for Pesticide Containers and Containment under Authority of the Virginia Pesticide Control Act

Other Pesticide-Related Laws & Regulations

Other pesticide-related laws and regulations are not under the authority of the Office of Pesticide Services, but may have an impact on pesticide applicators and pesticide businesses. Some of those laws and regulations include, but are not limited to, the following:

  • Pesticide Notification Requirements
    While there are no pesticide notification requirements in either the Pesticide Control Act or the various regulations promulgated under the act, other Virginia laws have pesticide notification requirements related to multi-family or multi-unit dwellings. Specifically, pesticide notification is required under the Condominium Act (§ 55-79.80:01 of the Code of Virginia), Virginia Real Estate Cooperative Act (§ 55-464.1), the Virginia Residential Landlord and Tenant Act (§ 55-248.13:3) and the Property Owners Association Act (§ 55-510.3). These laws are not administered by OPS. Issues or concerns related to notification requirements prior to the application of pesticides should be addressed with the property owners’ association or the management company responsible for the common areas where the application will occur. When in doubt, consider seeking qualified legal advice.
  • Qualified Fumigation Facilities
    The 2011 Virginia General Assembly enacted a law (§ 10.1-1308 of the Code of Virginia) to exempt “qualified fumigation facilities” from the requirement to obtain an air permit to construct and operate under 9VAC5 Chapter 80, Article 6. For additional information, contact the Virginia Department of Environmental Quality.
  • Pesticide Discharges General Permit (VAG87)
    A Virginia Pollutant Discharge Elimination System permit is required for the direct application of pesticides to surface waters. For additional information, contact the Virginia Department of Environmental Quality.
  • Virginia Fertilizer Law
    The Virginia Fertilizer Law (§ 3.2-3608 of the Code of Virginia) requires that any person or business who distributes or applies, for hire, any specialty fertilizer (fertilizer for non-farm use), soil amendment or horticultural growing medium must first obtain a contractor-applicator permit. A permit can be obtained from the VDACS Office of Plant Industry Services.

Contact
Click here for Office of Pesticide Services contact information.


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