All pesticides which are manufactured, distributed, sold or used in Virginia must be registered annually with VDACS. Preparations, drugs, or chemicals intended to be used or sold for medicinal use or for toilet purposes do not have to be registered. Over 14,000 pesticide products are registered for use in Virginia annually.
Checking the Registration Status of a Pesticide Product in Virginia
To check the state registration status of a pesticide or to find a registered pesticide for a specific pest or site click here . Only products listed as approved for the current calendar year can be sold, offered for sale, distributed, used or offered for use. All pesticide registrations expire on December 31 of each year and must be renewed by the registrant for continued sales, distribution or use.
How To Register A New Product
Complete an Application for New Pesticide Product Registration.
Download an Application for New Pesticide Product Registration (PDF format)
Mail the completed application form, product label and MSDS with a check or money order in the amount of $160.00 per product, payable to the Treasurer of Virginia to:
Virginia Department of Agriculture and Consumer Services, P. O. Box 526, Richmond, VA 23218
Annual Product Renewals
The registration of all pesticides expires on December 31 of each year.
Registrants are sent an Application for Renewal of Pesticide Registration annually to re-register their products.
Registrants may continue the registration of their products by returning the completed renewal form along with any revised labels and/or MSDS and check or money order for $160.00 per product, payable to the Treasurer of Virginia.
Electronic Registration and Renewal
Registrants who currently have products registered with VDACS can submit both New Pesticide Product Registrations and Renewals of Pesticide Registrations electronically via the Kelly Solutions website. Once they have an account set up on Kelly Solutions they can also upload current and revised product labels, Material Safety Data Sheets (MSDS) and UPCs. There is a convenience fee for using this service. Use of Kelly Solutions to register or renew products is not mandatory. The Kelly Solutions website is owned and maintained by Kelly Registration Systems, a privately owned company. For further questions about this service visit their Frequently Asked Questions page or call their Customer Service Department at 800.803.5777, Monday through Friday, from 8:00 am to 5:00 pm Eastern Standard Time.
Exemptions From Product Registration Fees
Alternate product names (those products which have the same formulation, same manufacturer, contain the same labeling claims and bear designations identifying the products as the same pesticide) must be registered separately on an annual basis, however, there is no additional registration fee.
In addition, Experimental Use Products (EUP) or those pesticides which are undergoing field evaluation studies in Virginia and which are not sold to researchers cooperating in these field studies are exempt from the annual product registration fees.
Clarification of Product Registration Requirements for Brands, Alternate Brand Names (ABN) And Grades
The following information is offered to assist you in completing the renewal process and when submitting any new products for registration in the Commonwealth of Virginia.
General Registration Requirements
The Virginia Pesticide Control Act § 3.2-3919 requires the annual registration of each brand or grade of a pesticide before manufacturing, distributing, selling, offering for sale or offering for use. The annual registration fee is $160.00 per product. Regulations pursuant to the Act further define the requirements by defining the terms brand and grade:
"Pesticides" means: (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal life or viruses or bacterium, except viruses on or in living man or other animals, which the Commissioner shall declare to be a pest, (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and (iii) any substance which is intended to become an active ingredient in any substance defined in clause (i) and (ii).
"Brand" means any word, name, symbol, device, or any combination thereof, which serves to distinguish a pesticide product manufactured, distributed, sold, or offered for sale by one person from that manufactured, distributed, sold, or offered for sale by any other person.
"Grade" means formulation of a pesticide.
The following clarifies the registration requirements for brands and grades of a particular pesticide product.
Registration Requirements for Brands and Alternative Brand Names
Each brand (brand line) of a pesticide must be registered separately at a fee of $160.00 per product per year. Likewise, alternate brand names, or those that have the same formula or grade, and are manufactured by the same company, the labeling of which contain the same claims and which bear designations identifying the products as the same pesticide, must be registered separately on an annual basis. For state registration purposes, an alternate brand name is an alternately named product within the same brand line. If a product meets the previous criteria there is no additional fee for registration.
As an example, Myers Disinfectant Basin, Tub and Tile Cleaner and Myers Disinfectant Bathroom Cleaner are offered for sale. Both products have the same EPA registration number, the same formulation, are manufactured by the same company and make the same claims. They are also in the same brand line (Myers). In this example, the registrant would register both pesticides separately but pay only $160.00 total.
Registration Requirements for Grades
Each grade of a pesticide must be registered separately at a fee of $160.00 per product per year. Grade refers to the formulation of a pesticide. Thus, if a particular pesticide is available in different formulations, for example, granular and dust, then each formulation must be registered separately at a fee of $160.00 per product. Grade or formulation would also refer to the fragrance of a product. If a particular pesticide is available in different fragrances, for example, original scent and lemon scent, these are considered different grades (formulations) and must be registered separately at a fee of $160.00 per product.
There is one exception to the registration requirements for different grades. Pursuant to Section 2VAC5-675-10, Virginia Administrative Code, the addition of pigment solely for the color shall not constitute a change in the formulation such as to constitute a new grade requiring registration and a separate fee. As an example, if antifoulant paint were available in red, green, and blue, each color paint product would be registered separately, however, the total fee would be only $160.00. There would be no additional fee for different pigments.
If you have any questions or need additional information related to the registration of brands, alternate brand names or grades of pesticides, please do not hesitate to contact Reba S. Gilliam at 804.786.1025 or email@example.com.
Effective October 14, 2004, the attached Virginia Pesticide Discontinuance Policy requires the continued registration of discontinued products for two years to assure that products offered for sale at Virginia retailers remain legal for sale.
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