The Office of Pesticide Services (OPS) in the Virginia Department of Agriculture and Consumer Services administers and enforces the provisions of the Virginia Pesticide Control Act (Act) and various regulations promulgated under the Act.
There are other pesticide related laws and regulations that are not under the authority of OPS but which may have an impact on pesticide applicators and pesticide businesses. Some of those laws and regulations include, but are not be 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 of the Code), the Virginia Residential Landlord and Tenant Act (§ 55-248.13:3 of the Code) and the Property Owners Association Act (§ 55-510.3 of the Code). These laws are not administered by OPS and we are unable to provide any interpretations or information regarding compliance with any of the requirements of these laws. 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, you should consider seeking qualified legal advice.
New Law Affecting Qualified Fumigation Facilities
If you conduct commodity fumigations, this new law may affect you. The 2011 Virginia General Assembly enacted a law (§ 10.1-1308 of the Code ) to exempt “qualified fumigation facilities” from the requirement to obtain an air permit to construct and operate under 9 VAC 5 Chapter 80, Article 6. The law took effect on July 1, 2011. The law defines the types of facilities that are exempted and requires the operators of such facilities provide written notice to the Department of Environmental Quality (DEQ) prior to conducting fumigation activities. In addition, operators are required to post signage prior to the application of a fumigant at the site that is visible and legible from the public right-of-way. Signage is required to remain in place until completion of the aeration process and must be in accordance with the pesticide label. Click here for additional information or contact Patricia Buonviri, Virginia DEQ: 804.698.4016 or Patricia.Buonviri@deq.virginia.gov.
Pesticide Discharges General Permit (VAG87)
As of October 31, 2011, a Virginia Pollutant Discharge Elimination System (VPDES) permit is required for the direct application of pesticides to surface waters. A general permit issued by the Department of Environmental Quality (DEQ) is available to operators who discharge pesticides to surface waters from the application of either biological pesticides or chemical pesticides that leave a residue for one of the following pesticide use patterns:
- Mosquito and other flying insect pest control
- Weed, algae and pathogen control
- Animal pest control
- Forest canopy pest control
Click here for additional information including permit requirements.
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 nonfarm use), soil amendment or horticultural growing medium must first obtain a contractor-applicator permit. This requirement applies to each business outlet. A permit can be obtained from VDACS, Office of Plant Industry Services (OPIS) after completing an application and submitting payment of $50 for the annual permit fee. More information can be obtained from the Office of Plant Industry Services or by calling 804.786.1623.