{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3931.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3931.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3931.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3931.html"}],"law_id":58588,"edition_id":1,"section_id":58588,"structure_id":13104,"section_number":"3.2-3931","catch_line":"Agencies or persons exempt or partially exempt","history":"1975, c. 377, \u00a7 3.1-249.5; 1989, c. 575, \u00a7 3.1-249.53; 1993, c. 773; 1995, c. 103; 2008, c. 860; 2024, c. 720.","full_text":"A\n\nAll state agencies, municipal corporations, or other governmental agencies shall be exempt from any certification fees prescribed by this article, but remain subject to the provisions of this article and regulations adopted hereunder concerning the application of pesticides.B\n\nIndividuals, employees, or representatives of such governmental agencies shall be certified as commercial applicators or registered technicians for the use of pesticides covered by the applicant’s certification. The certification shall be valid only when applying or supervising application of pesticides used by such governmental agencies.C\n\nThe following persons shall be exempt from the provisions of this article: (i) persons conducting laboratory research involving restricted use pesticides; (ii) doctors of medicine or doctors of veterinary medicine applying pesticides as drugs or medication, or to control pests in corpses during the normal course of their practice; (iii) providers of janitorial, cleaning, or sanitizing services if the providers use no pesticides other than nonrestricted use sanitizers, disinfectants, and germicides; (iv) persons who apply paints containing pesticides, provided that the pesticides in the paints are not restricted use pesticides; (v) classes of persons specified by regulation who can use or supervise the use of pesticides with minimal risk to the public health and safety by virtue of their experience and knowledge regarding the safe use of pesticides; and (vi) classes of persons specified by regulation whose use or supervision of the use of pesticides can be accomplished with minimal risk to the public health and safety by virtue of the nature of the pesticides used or method of application of the pesticides.D\n\nA painter who applies restricted-use marine antifoulant paint only under the direct, on-site supervision of a commercial applicator is not required to be a commercial applicator or a registered technician, provided that one commercial applicator may not provide on-site supervision for more than eight paint applicators.E\n\nNeither the provisions of this chapter nor regulations adopted hereunder shall require the certification of any person who uses or supervises the use of any pesticide that is not a restricted use pesticide only on property owned or leased by his employer as part of his job duties. This exemption shall not apply to any person who: (i) uses or supervises the use of any pesticide on any area open to the general public at educational institutions, health care facilities, day-care facilities, or convalescent facilities; (ii) uses or supervises the use of any pesticide within any area where open food is stored, processed, or sold; (iii) uses or supervises the use of any pesticide on any recreational land over five acres in size; and (iv) is otherwise specifically required by this article to be certified as a commercial applicator.F\n\nNeither the provisions of this chapter nor the regulations adopted hereunder shall require the certification of any unpaid volunteer who uses any nonrestricted herbicide with the express authorization of a local political subdivision for the sole purpose of controlling invasive plants or noxious weeds, as that term is defined in § 3.2-800, on properties owned by such local political subdivision. Such unpaid volunteer shall use such herbicide under the direct supervision of a certified commercial applicator, and such local political subdivision shall provide instruction by a certified commercial applicator to such unpaid volunteer prior to application on (i) the risks associated with the herbicide utilized, (ii) the proper use of equipment used to apply the herbicide, (iii) the proper use of personal protective equipment, (iv) other information to prevent an unreasonable adverse effect on the environment, and (v) any other information relevant to the specific herbicide utilized.","order_by":null,"text":{"0":{"id":214734,"text":"All state agencies, municipal corporations, or other governmental agencies shall be exempt from any certification fees prescribed by this article, but remain subject to the provisions of this article and regulations adopted hereunder concerning the application of pesticides.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214735,"text":"Individuals, employees, or representatives of such governmental agencies shall be certified as commercial applicators or registered technicians for the use of pesticides covered by the applicant’s certification. The certification shall be valid only when applying or supervising application of pesticides used by such governmental agencies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214736,"text":"The following persons shall be exempt from the provisions of this article: (i) persons conducting laboratory research involving restricted use pesticides; (ii) doctors of medicine or doctors of veterinary medicine applying pesticides as drugs or medication, or to control pests in corpses during the normal course of their practice; (iii) providers of janitorial, cleaning, or sanitizing services if the providers use no pesticides other than nonrestricted use sanitizers, disinfectants, and germicides; (iv) persons who apply paints containing pesticides, provided that the pesticides in the paints are not restricted use pesticides; (v) classes of persons specified by regulation who can use or supervise the use of pesticides with minimal risk to the public health and safety by virtue of their experience and knowledge regarding the safe use of pesticides; and (vi) classes of persons specified by regulation whose use or supervision of the use of pesticides can be accomplished with minimal risk to the public health and safety by virtue of the nature of the pesticides used or method of application of the pesticides.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214737,"text":"A painter who applies restricted-use marine antifoulant paint only under the direct, on-site supervision of a commercial applicator is not required to be a commercial applicator or a registered technician, provided that one commercial applicator may not provide on-site supervision for more than eight paint applicators.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":214738,"text":"Neither the provisions of this chapter nor regulations adopted hereunder shall require the certification of any person who uses or supervises the use of any pesticide that is not a restricted use pesticide only on property owned or leased by his employer as part of his job duties. This exemption shall not apply to any person who: (i) uses or supervises the use of any pesticide on any area open to the general public at educational institutions, health care facilities, day-care facilities, or convalescent facilities; (ii) uses or supervises the use of any pesticide within any area where open food is stored, processed, or sold; (iii) uses or supervises the use of any pesticide on any recreational land over five acres in size; and (iv) is otherwise specifically required by this article to be certified as a commercial applicator.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":214739,"text":"Neither the provisions of this chapter nor the regulations adopted hereunder shall require the certification of any unpaid volunteer who uses any nonrestricted herbicide with the express authorization of a local political subdivision for the sole purpose of controlling invasive plants or noxious weeds, as that term is defined in § 3.2-800, on properties owned by such local political subdivision. Such unpaid volunteer shall use such herbicide under the direct supervision of a certified commercial applicator, and such local political subdivision shall provide instruction by a certified commercial applicator to such unpaid volunteer prior to application on (i) the risks associated with the herbicide utilized, (ii) the proper use of equipment used to apply the herbicide, (iii) the proper use of personal protective equipment, (iv) other information to prevent an unreasonable adverse effect on the environment, and (v) any other information relevant to the specific herbicide utilized.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13104,"edition_id":1,"name":"Pesticide Application and Certification","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13103,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195971,"object_type":"structure","relational_id":13104,"identifier":"3","token":"3.2\/III\/39\/3","url":"\/3.2\/III\/39\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13103,"edition_id":1,"name":"Pesticide Control","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195857,"object_type":"structure","relational_id":13103,"identifier":"39","token":"3.2\/III\/39","url":"\/3.2\/III\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70390,"structure_id":13104,"section_number":"3.2-3929","catch_line":"Restricted use pesticides prohibited; exceptions; training required","url":"\/3.2-3929\/","token":"3.2\/III\/39\/3\/3.2-3929","metadata":false},{"id":72035,"structure_id":13104,"section_number":"3.2-3930","catch_line":"Application and certification of commercial applicators","url":"\/3.2-3930\/","token":"3.2\/III\/39\/3\/3.2-3930","metadata":false},{"id":58588,"structure_id":13104,"section_number":"3.2-3931","catch_line":"Agencies or persons exempt or partially exempt","url":"\/3.2-3931\/","token":"3.2\/III\/39\/3\/3.2-3931","metadata":false},{"id":57699,"structure_id":13104,"section_number":"3.2-3932","catch_line":"Application and certification of private applicators","url":"\/3.2-3932\/","token":"3.2\/III\/39\/3\/3.2-3932","metadata":false},{"id":54143,"structure_id":13104,"section_number":"3.2-3933","catch_line":"Certificate renewals; late fee for delinquent renewals; reexamination","url":"\/3.2-3933\/","token":"3.2\/III\/39\/3\/3.2-3933","metadata":false},{"id":57076,"structure_id":13104,"section_number":"3.2-3934","catch_line":"Reciprocal agreement","url":"\/3.2-3934\/","token":"3.2\/III\/39\/3\/3.2-3934","metadata":false}],"previous_section":{"id":72035,"structure_id":13104,"section_number":"3.2-3930","catch_line":"Application and certification of commercial applicators","url":"\/3.2-3930\/","token":"3.2\/III\/39\/3\/3.2-3930","metadata":false},"next_section":{"id":57699,"structure_id":13104,"section_number":"3.2-3932","catch_line":"Application and certification of private applicators","url":"\/3.2-3932\/","token":"3.2\/III\/39\/3\/3.2-3932","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3931\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 377 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 575; in 1993, chapter 773; in 1995, chapter 103<\/a>; in 2008, chapter 860<\/a>; in 2024, chapter 720<\/a>.<\/p>","references":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"}],"refers_to":[{"id":57067,"section_number":"3.2-800","catch_line":"Definitions","order_by":null,"url":"\/3.2-800\/"}],"permalink":{"id":195981,"object_type":"law","relational_id":58588,"identifier":"3.2-3931","token":"3.2\/III\/39\/3\/3.2-3931","url":"\/3.2-3931\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3931\/","token":"3.2\/III\/39\/3\/3.2-3931","dublin_core":{"Title":"Agencies or persons exempt or partially exempt","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3931","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All state agencies, municipal corporations, or other governmental agencies shall be exempt from any certification<\/span> fees prescribed by this article, but remain subject to the provisions of this article and regulations adopted hereunder concerning the application of pesticides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Individuals, employees, or representatives of such governmental agencies shall be certified<\/span> as commercial applicators<\/span> or registered technicians<\/span> for the use<\/span> of pesticides covered by the applicant’s certification<\/span>. The certification<\/span> shall be valid only when applying or supervising application of pesticides used by such governmental agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following persons shall be exempt from the provisions of this article: (i) persons conducting laboratory research involving restricted use pesticides<\/span>; (ii) doctors of medicine or doctors of veterinary medicine applying pesticides as drugs or medication, or to control pests<\/span> in corpses during the normal course of their practice; (iii) providers of janitorial, cleaning, or sanitizing services if the providers use no pesticides other than nonrestricted use sanitizers, disinfectants, and germicides; (iv) persons who apply paints containing pesticides, provided that the pesticides in the paints are not restricted use pesticides<\/span>; (v) classes of persons specified by regulation who can use or supervise the use of pesticides with minimal risk to the public health and safety by virtue of their experience and knowledge regarding the safe use of pesticides; and (vi) classes of persons specified by regulation whose use or supervision of the use of pesticides can be accomplished with minimal risk to the public health and safety by virtue of the nature of the pesticides used or method of application of the pesticides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A painter who applies restricted-use marine antifoulant paint only under the direct, on-site supervision of a commercial applicator<\/span> is not required to be a commercial applicator<\/span> or a registered technician<\/span>, provided that one commercial applicator<\/span> may not provide on-site supervision for more than eight paint applicators. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Neither the provisions of this chapter nor regulations adopted hereunder shall require the certification<\/span> of any person who uses<\/span> or supervises the use of any pesticide that is not a restricted use pesticide<\/span> only on property owned or leased by his employer as part of his job duties. This exemption shall not apply to any person who: (i) uses<\/span> or supervises the use of any pesticide on any area open to the general public at educational institutions, health care facilities, day-care facilities, or convalescent facilities; (ii) uses<\/span> or supervises the use of any pesticide within any area where open food is stored, processed, or sold; (iii) uses<\/span> or supervises the use of any pesticide on any recreational land over five acres in size; and (iv) is otherwise specifically required by this article to be certified<\/span> as a commercial applicator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Neither the provisions of this chapter nor the regulations adopted hereunder shall require the certification<\/span> of any unpaid volunteer who uses<\/span> any nonrestricted herbicide<\/span> with the express authorization of a local political subdivision for the sole purpose of controlling invasive plants or noxious weeds, as that term is defined in § 3.2-800<\/a>, on properties owned by such local political subdivision. Such unpaid volunteer shall use such herbicide<\/span> under the direct supervision of<\/span> a certified<\/span> commercial applicator<\/span>, and such local political subdivision shall provide instruction by a certified<\/span> commercial applicator<\/span> to such unpaid volunteer prior to application on (i) the risks associated with the herbicide<\/span> utilized, (ii) the proper use of equipment used to apply the herbicide<\/span>, (iii) the proper use of personal protective equipment, (iv) other information to prevent an unreasonable adverse effect on the environment, and (v) any other information relevant to the specific herbicide<\/span> utilized. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGENCIES OR PERSONS EXEMPT OR PARTIALLY EXEMPT (\u00a7 3.2-3931)\n\nA. All state agencies, municipal corporations, or other governmental agencies\nshall be exempt from any certification fees prescribed by this article, but\nremain subject to the provisions of this article and regulations adopted\nhereunder concerning the application of pesticides.\n\nB. Individuals, employees, or representatives of such governmental agencies\nshall be certified as commercial applicators or registered technicians for the\nuse of pesticides covered by the applicant’s certification. The\ncertification shall be valid only when applying or supervising application of\npesticides used by such governmental agencies.\n\nC. The following persons shall be exempt from the provisions of this article:\n(i) persons conducting laboratory research involving restricted use pesticides;\n(ii) doctors of medicine or doctors of veterinary medicine applying pesticides\nas drugs or medication, or to control pests in corpses during the normal course\nof their practice; (iii) providers of janitorial, cleaning, or sanitizing\nservices if the providers use no pesticides other than nonrestricted use\nsanitizers, disinfectants, and germicides; (iv) persons who apply paints\ncontaining pesticides, provided that the pesticides in the paints are not\nrestricted use pesticides; (v) classes of persons specified by regulation who\ncan use or supervise the use of pesticides with minimal risk to the public\nhealth and safety by virtue of their experience and knowledge regarding the safe\nuse of pesticides; and (vi) classes of persons specified by regulation whose use\nor supervision of the use of pesticides can be accomplished with minimal risk to\nthe public health and safety by virtue of the nature of the pesticides used or\nmethod of application of the pesticides.\n\nD. A painter who applies restricted-use marine antifoulant paint only under the\ndirect, on-site supervision of a commercial applicator is not required to be a\ncommercial applicator or a registered technician, provided that one commercial\napplicator may not provide on-site supervision for more than eight paint\napplicators.\n\nE. Neither the provisions of this chapter nor regulations adopted hereunder\nshall require the certification of any person who uses or supervises the use of\nany pesticide that is not a restricted use pesticide only on property owned or\nleased by his employer as part of his job duties. This exemption shall not apply\nto any person who: (i) uses or supervises the use of any pesticide on any area\nopen to the general public at educational institutions, health care facilities,\nday-care facilities, or convalescent facilities; (ii) uses or supervises the use\nof any pesticide within any area where open food is stored, processed, or sold;\n(iii) uses or supervises the use of any pesticide on any recreational land over\nfive acres in size; and (iv) is otherwise specifically required by this article\nto be certified as a commercial applicator.\n\nF. Neither the provisions of this chapter nor the regulations adopted hereunder\nshall require the certification of any unpaid volunteer who uses any\nnonrestricted herbicide with the express authorization of a local political\nsubdivision for the sole purpose of controlling invasive plants or noxious\nweeds, as that term is defined in § 3.2-800, on properties owned by such\nlocal political subdivision. Such unpaid volunteer shall use such herbicide\nunder the direct supervision of a certified commercial applicator, and such\nlocal political subdivision shall provide instruction by a certified commercial\napplicator to such unpaid volunteer prior to application on (i) the risks\nassociated with the herbicide utilized, (ii) the proper use of equipment used to\napply the herbicide, (iii) the proper use of personal protective equipment, (iv)\nother information to prevent an unreasonable adverse effect on the environment,\nand (v) any other information relevant to the specific herbicide utilized.\n\nHISTORY: 1975, c. 377, \u00a7 3.1-249.5; 1989, c. 575, \u00a7 3.1-249.53; 1993, c. 773;\n1995, c. 103; 2008, c. 860; 2024, c. 720.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}