{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3939.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3939.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3939.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3939.html"}],"law_id":76293,"edition_id":1,"section_id":76293,"structure_id":14698,"section_number":"3.2-3939","catch_line":"Violations generally","history":"Code 1950, \u00a7\u00a7 3-208.31, 3-208.32, 3-208.34, 3-208.35, 3-208.37; 1960, c. 535; 1966, c. 702, \u00a7\u00a7 3.1-233, 3.1-234, 3.1-236, 3.1-237, 3.1-239; 1970, c. 376, \u00a7 3.1-233.1; 1975, c. 102; 1976, c. 627; 1981, c. 260; 1989, c. 575, \u00a7\u00a7 3.1-249.63 to 3.1-249.67, 3.1-249.69; 1993, c. 773; 2008, c. 860.","full_text":"A\n\nIt is unlawful for any person to manufacture, distribute, sell, offer for sale, use or offer for use:1\n\nAny pesticide not registered pursuant to the provisions of this chapter; any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration; or any pesticide if the composition of a pesticide differs from its composition as represented in connection with its registration.2\n\nAny pesticide sold, offered for sale, or offered for use that is not in the registrant&#8217;s or the manufacturer&#8217;s unbroken container, and does not have an affixed and visible label bearing the following information:\n\t\t\t\ta. The name and address of the manufacturer, registrant, or person for whom manufactured;\n\t\t\t\tb. The name, brand, or trademark under which said pesticide is sold; and\n\t\t\t\tc. The net weight or measure of the content, subject to reasonable variations as permitted by the Commissioner.3\n\nAny pesticide containing any substance in quantities highly toxic to man, unless the label bears:\n\t\t\t\ta. A skull and crossbones;\n\t\t\t\tb. The word &#8220;poison&#8221; shown prominently in red on a background of distinctly contrasting color; and\n\t\t\t\tc. A statement of an antidote for the pesticide.4\n\nThe pesticides commonly known as lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored as provided by regulations issued hereunder. Any other white powder pesticide that the Commissioner requires to be distinctly colored after an investigation of and after a public hearing on the necessity for such action. The Commissioner may exempt any pesticide to the extent that it is intended for a particular use if he determines that distinctive coloring is unnecessary for the protection of the public health.5\n\nAny pesticide that is adulterated or misbranded, or any device that is misbranded.6\n\nAny pesticide that is the subject of a stop sale, use, or removal order as provided for in &#xA7; 3.2-3944 until such time as the provisions of that section have been met.B\n\nIt is unlawful for any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or regulations of the Board, provided that such deviation may include provisions set forth in Section 2 (ee) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. &#xA7; 136 et seq.).C\n\nIt is unlawful to dispose of containers or unused portions of pesticide in a manner inconsistent with label directions or the regulations of the Board in the absence of label directions, or if those regulations further restrict such disposal.D\n\nIt is unlawful for any person to knowingly use any pesticide against any organism that is otherwise protected under fish, game, or migratory bird laws, without first obtaining authorization as necessary from the federal or state agency responsible for the protection of the organism.E\n\nIt is unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or the regulations adopted hereunder.F\n\nIt is unlawful for any manufacturer, distributor, dealer, carrier, or other person to refuse, upon a request in writing specifying the nature or kind of pesticide or device to which such request relates, to furnish to or permit any person designated by the Commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this chapter.G\n\nIt is unlawful for any person to give a guaranty or undertaking provided for in &#xA7; 3.2-3941 that is false in any particular, except that a person who receives and relies upon a guaranty authorized under such section may give a guaranty to the same effect, which guaranty shall contain in addition to his own name and address the name and address of the person residing in the U.S. from whom he received the guaranty or undertaking.H\n\nIt is unlawful for any person to oppose or interfere in any way with the Commissioner in carrying out the duties imposed by this chapter.","order_by":null,"text":{"0":{"id":273883,"text":"It is unlawful for any person to manufacture, distribute, sell, offer for sale, use or offer for use:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":273884,"text":"Any pesticide not registered pursuant to the provisions of this chapter; any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration; or any pesticide if the composition of a pesticide differs from its composition as represented in connection with its registration.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":273885,"text":"Any pesticide sold, offered for sale, or offered for use that is not in the registrant&#8217;s or the manufacturer&#8217;s unbroken container, and does not have an affixed and visible label bearing the following information:\n\t\t\t\ta. The name and address of the manufacturer, registrant, or person for whom manufactured;\n\t\t\t\tb. The name, brand, or trademark under which said pesticide is sold; and\n\t\t\t\tc. The net weight or measure of the content, subject to reasonable variations as permitted by the Commissioner.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":273886,"text":"Any pesticide containing any substance in quantities highly toxic to man, unless the label bears:\n\t\t\t\ta. A skull and crossbones;\n\t\t\t\tb. The word &#8220;poison&#8221; shown prominently in red on a background of distinctly contrasting color; and\n\t\t\t\tc. A statement of an antidote for the pesticide.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":273887,"text":"The pesticides commonly known as lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored as provided by regulations issued hereunder. Any other white powder pesticide that the Commissioner requires to be distinctly colored after an investigation of and after a public hearing on the necessity for such action. The Commissioner may exempt any pesticide to the extent that it is intended for a particular use if he determines that distinctive coloring is unnecessary for the protection of the public health.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":273888,"text":"Any pesticide that is adulterated or misbranded, or any device that is misbranded.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":273889,"text":"Any pesticide that is the subject of a stop sale, use, or removal order as provided for in &#xA7; 3.2-3944 until such time as the provisions of that section have been met.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":273890,"text":"It is unlawful for any person to use or cause to be used any pesticide in a manner inconsistent with its labeling or regulations of the Board, provided that such deviation may include provisions set forth in Section 2 (ee) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. &#xA7; 136 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":273891,"text":"It is unlawful to dispose of containers or unused portions of pesticide in a manner inconsistent with label directions or the regulations of the Board in the absence of label directions, or if those regulations further restrict such disposal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":273892,"text":"It is unlawful for any person to knowingly use any pesticide against any organism that is otherwise protected under fish, game, or migratory bird laws, without first obtaining authorization as necessary from the federal or state agency responsible for the protection of the organism.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":273893,"text":"It is unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or the regulations adopted hereunder.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":273894,"text":"It is unlawful for any manufacturer, distributor, dealer, carrier, or other person to refuse, upon a request in writing specifying the nature or kind of pesticide or device to which such request relates, to furnish to or permit any person designated by the Commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this chapter.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":273895,"text":"It is unlawful for any person to give a guaranty or undertaking provided for in &#xA7; 3.2-3941 that is false in any particular, except that a person who receives and relies upon a guaranty authorized under such section may give a guaranty to the same effect, which guaranty shall contain in addition to his own name and address the name and address of the person residing in the U.S. from whom he received the guaranty or undertaking.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":273896,"text":"It is unlawful for any person to oppose or interfere in any way with the Commissioner in carrying out the duties imposed by this chapter.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14698,"edition_id":1,"name":"Violations, Penalties, and Proceedings in Case of Violations","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13103,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":196011,"object_type":"structure","relational_id":14698,"identifier":"5","token":"3.2\/III\/39\/5","url":"\/3.2\/III\/39\/5\/","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":66280,"structure_id":14698,"section_number":"3.2-3938","catch_line":"Misbranded pesticides","url":"\/3.2-3938\/","token":"3.2\/III\/39\/5\/3.2-3938","metadata":false},{"id":76293,"structure_id":14698,"section_number":"3.2-3939","catch_line":"Violations generally","url":"\/3.2-3939\/","token":"3.2\/III\/39\/5\/3.2-3939","metadata":false},{"id":78440,"structure_id":14698,"section_number":"3.2-3940","catch_line":"Administrative violations","url":"\/3.2-3940\/","token":"3.2\/III\/39\/5\/3.2-3940","metadata":false},{"id":56690,"structure_id":14698,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","url":"\/3.2-3941\/","token":"3.2\/III\/39\/5\/3.2-3941","metadata":false},{"id":74042,"structure_id":14698,"section_number":"3.2-3942","catch_line":"Right of entry; warrant requirements; procedure","url":"\/3.2-3942\/","token":"3.2\/III\/39\/5\/3.2-3942","metadata":false},{"id":74946,"structure_id":14698,"section_number":"3.2-3943","catch_line":"Civil penalties; procedure","url":"\/3.2-3943\/","token":"3.2\/III\/39\/5\/3.2-3943","metadata":false},{"id":61810,"structure_id":14698,"section_number":"3.2-3944","catch_line":"\"Stop-sale or removal\" orders; \"stop-use\" orders; judicial review","url":"\/3.2-3944\/","token":"3.2\/III\/39\/5\/3.2-3944","metadata":false},{"id":61782,"structure_id":14698,"section_number":"3.2-3945","catch_line":"Seizure, condemnation, and sale","url":"\/3.2-3945\/","token":"3.2\/III\/39\/5\/3.2-3945","metadata":false},{"id":82056,"structure_id":14698,"section_number":"3.2-3946","catch_line":"Proceedings in case of violations","url":"\/3.2-3946\/","token":"3.2\/III\/39\/5\/3.2-3946","metadata":false},{"id":56338,"structure_id":14698,"section_number":"3.2-3947","catch_line":"Penalties","url":"\/3.2-3947\/","token":"3.2\/III\/39\/5\/3.2-3947","metadata":false}],"previous_section":{"id":66280,"structure_id":14698,"section_number":"3.2-3938","catch_line":"Misbranded pesticides","url":"\/3.2-3938\/","token":"3.2\/III\/39\/5\/3.2-3938","metadata":false},"next_section":{"id":78440,"structure_id":14698,"section_number":"3.2-3940","catch_line":"Administrative violations","url":"\/3.2-3940\/","token":"3.2\/III\/39\/5\/3.2-3940","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3939\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1960, chapter 535; in 1966, chapter 702; in 1970, chapter 376; in 1975, chapter 102; in 1976, chapter 627; in 1981, chapter 260; in 1989, chapter 575; in 1993, chapter 773; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>.<\/p>","references":[{"id":80367,"section_number":"3.2-3922","catch_line":"When Commissioner may refuse or cancel registration","order_by":null,"url":"\/3.2-3922\/"},{"id":56690,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","order_by":null,"url":"\/3.2-3941\/"}],"refers_to":[{"id":56690,"section_number":"3.2-3941","catch_line":"Exemptions from penalties","order_by":null,"url":"\/3.2-3941\/"},{"id":61810,"section_number":"3.2-3944","catch_line":"\"Stop-sale or removal\" orders; \"stop-use\" orders; judicial review","order_by":null,"url":"\/3.2-3944\/"}],"permalink":{"id":196017,"object_type":"law","relational_id":76293,"identifier":"3.2-3939","token":"3.2\/III\/39\/5\/3.2-3939","url":"\/3.2-3939\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3939\/","token":"3.2\/III\/39\/5\/3.2-3939","dublin_core":{"Title":"Violations generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3939","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> It is unlawful for any person to manufacture, distribute, sell, offer for sale, <span class=\"dictionary\">use<\/span> or offer for <span class=\"dictionary\">use<\/span>: <a id=\"paragraph-273883\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Any pesticide not registered pursuant to the provisions of this chapter; any pesticide if any of the claims made for it or any of the directions for its <span class=\"dictionary\">use<\/span> differ in substance from the representations made in connection with its registration; or any pesticide if the composition of a pesticide differs from its composition as represented in connection with its registration. <a id=\"paragraph-273884\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Any pesticide sold, offered for sale, or offered for <span class=\"dictionary\">use<\/span> that is not in the <span class=\"dictionary\">registrant<\/span>&#8217;s or the manufacturer&#8217;s unbroken container, and does not have an affixed and visible <span class=\"dictionary\">label<\/span> bearing the following information:\n\t\t\t\ta. The name and address of the manufacturer, <span class=\"dictionary\">registrant<\/span>, or person for whom manufactured;\n\t\t\t\tb. The name, brand, or trademark under which said pesticide is sold; and\n\t\t\t\tc. The net weight or measure of the content, subject to reasonable variations as permitted by the <span class=\"dictionary\">Commissioner<\/span>. <a id=\"paragraph-273885\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any pesticide containing any substance in quantities highly toxic to man, unless the <span class=\"dictionary\">label<\/span> bears:\n\t\t\t\ta. A skull and crossbones;\n\t\t\t\tb. The word &#8220;poison&#8221; shown prominently in red on a background of distinctly contrasting color; and\n\t\t\t\tc. A statement of an antidote for the pesticide. <a id=\"paragraph-273886\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The pesticides commonly known as lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored as provided by regulations issued hereunder. Any other white powder pesticide that the <span class=\"dictionary\">Commissioner<\/span> requires to be distinctly colored after an investigation of and after a public <span class=\"dictionary\">hearing<\/span> on the necessity for such action. The <span class=\"dictionary\">Commissioner<\/span> may exempt any pesticide to the extent that it is intended for a particular <span class=\"dictionary\">use<\/span> if he determines that distinctive coloring is unnecessary for the protection of the public health. <a id=\"paragraph-273887\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Any pesticide that is adulterated or misbranded, or any <span class=\"dictionary\">device<\/span> that is misbranded. <a id=\"paragraph-273888\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Any pesticide that is the subject of a stop sale, <span class=\"dictionary\">use<\/span>, or removal <span class=\"dictionary\">order<\/span> as provided for in &#xA7; <a class=\"law\" title=\"&quot;Stop-sale or removal&quot; orders; &quot;stop-use&quot; orders; judicial review\" href=\"\/3.2-3944\/\">3.2-3944<\/a> until such time as the provisions of that section have been met. <a id=\"paragraph-273889\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> It is unlawful for any person to <span class=\"dictionary\">use<\/span> or cause to be used any pesticide in a manner inconsistent with its <span class=\"dictionary\">labeling<\/span> or regulations of the <span class=\"dictionary\">Board<\/span>, provided that such deviation may include provisions set forth in Section 2 (ee) of the Federal <span class=\"dictionary\">Insecticide<\/span>, <span class=\"dictionary\">Fungicide<\/span> and <span class=\"dictionary\">Rodenticide<\/span> Act (7 U.S.C. &#xA7; 136 et seq.). <a id=\"paragraph-273890\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> It is unlawful to dispose of containers or unused portions of pesticide in a manner inconsistent with <span class=\"dictionary\">label<\/span> directions or the regulations of the <span class=\"dictionary\">Board<\/span> in the absence of <span class=\"dictionary\">label<\/span> directions, or if those regulations further restrict such disposal. <a id=\"paragraph-273891\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> It is unlawful for any person to knowingly <span class=\"dictionary\">use<\/span> any pesticide against any organism that is otherwise protected under fish, game, or migratory bird <span class=\"dictionary\">laws<\/span>, without first obtaining authorization as necessary from the federal or state agency responsible for the protection of the organism. <a id=\"paragraph-273892\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> It is unlawful for any person to detach, alter, deface or destroy, in whole or in part, any <span class=\"dictionary\">label<\/span> or <span class=\"dictionary\">labeling<\/span> provided for in this chapter or the regulations adopted hereunder. <a id=\"paragraph-273893\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> It is unlawful for any manufacturer, distributor, dealer, carrier, or other person to refuse, upon a request in writing specifying the nature or kind of pesticide or <span class=\"dictionary\">device<\/span> to which such request relates, to furnish to or permit any person designated by the <span class=\"dictionary\">Commissioner<\/span> to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this chapter. <a id=\"paragraph-273894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> It is unlawful for any person to give a guaranty or undertaking provided for in &#xA7; <a class=\"law\" title=\"Exemptions from penalties\" href=\"\/3.2-3941\/\">3.2-3941<\/a> that is false in any particular, except that a person who receives and relies upon a guaranty authorized under such section may give a guaranty to the same effect, which guaranty shall contain in addition to his own name and address the name and address of the person residing in the U.S. from whom he received the guaranty or undertaking. <a id=\"paragraph-273895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> It is unlawful for any person to oppose or interfere in any way with the <span class=\"dictionary\">Commissioner<\/span> in carrying out the duties imposed by this chapter. <a id=\"paragraph-273896\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3939\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nVIOLATIONS GENERALLY (\u00a7 3.2-3939)\n\nA. It is unlawful for any person to manufacture, distribute, sell, offer for\nsale, use or offer for use:\n\n   1. Any pesticide not registered pursuant to the provisions of this chapter;\n   any pesticide if any of the claims made for it or any of the directions for\n   its use differ in substance from the representations made in connection with\n   its registration; or any pesticide if the composition of a pesticide differs\n   from its composition as represented in connection with its registration.\n\n   2. Any pesticide sold, offered for sale, or offered for use that is not in the\n   registrant&#8217;s or the manufacturer&#8217;s unbroken container, and does\n   not have an affixed and visible label bearing the following information:\n   \t\t\t\ta. The name and address of the manufacturer, registrant, or person for\n   whom manufactured;\n   \t\t\t\tb. The name, brand, or trademark under which said pesticide is sold; and\n   \t\t\t\tc. The net weight or measure of the content, subject to reasonable\n   variations as permitted by the Commissioner.\n\n   3. Any pesticide containing any substance in quantities highly toxic to man,\n   unless the label bears:\n   \t\t\t\ta. A skull and crossbones;\n   \t\t\t\tb. The word &#8220;poison&#8221; shown prominently in red on a background\n   of distinctly contrasting color; and\n   \t\t\t\tc. A statement of an antidote for the pesticide.\n\n   4. The pesticides commonly known as lead arsenate, basic lead arsenate,\n   calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium\n   fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been\n   distinctly colored as provided by regulations issued hereunder. Any other\n   white powder pesticide that the Commissioner requires to be distinctly colored\n   after an investigation of and after a public hearing on the necessity for such\n   action. The Commissioner may exempt any pesticide to the extent that it is\n   intended for a particular use if he determines that distinctive coloring is\n   unnecessary for the protection of the public health.\n\n   5. Any pesticide that is adulterated or misbranded, or any device that is\n   misbranded.\n\n   6. Any pesticide that is the subject of a stop sale, use, or removal order as\n   provided for in &#xA7; 3.2-3944 until such time as the provisions of that\n   section have been met.\n\nB. It is unlawful for any person to use or cause to be used any pesticide in a\nmanner inconsistent with its labeling or regulations of the Board, provided that\nsuch deviation may include provisions set forth in Section 2 (ee) of the Federal\nInsecticide, Fungicide and Rodenticide Act (7 U.S.C. &#xA7; 136 et seq.).\n\nC. It is unlawful to dispose of containers or unused portions of pesticide in a\nmanner inconsistent with label directions or the regulations of the Board in the\nabsence of label directions, or if those regulations further restrict such\ndisposal.\n\nD. It is unlawful for any person to knowingly use any pesticide against any\norganism that is otherwise protected under fish, game, or migratory bird laws,\nwithout first obtaining authorization as necessary from the federal or state\nagency responsible for the protection of the organism.\n\nE. It is unlawful for any person to detach, alter, deface or destroy, in whole\nor in part, any label or labeling provided for in this chapter or the\nregulations adopted hereunder.\n\nF. It is unlawful for any manufacturer, distributor, dealer, carrier, or other\nperson to refuse, upon a request in writing specifying the nature or kind of\npesticide or device to which such request relates, to furnish to or permit any\nperson designated by the Commissioner to have access to and to copy such records\nof business transactions as may be essential in carrying out the purposes of\nthis chapter.\n\nG. It is unlawful for any person to give a guaranty or undertaking provided for\nin &#xA7; 3.2-3941 that is false in any particular, except that a person who\nreceives and relies upon a guaranty authorized under such section may give a\nguaranty to the same effect, which guaranty shall contain in addition to his own\nname and address the name and address of the person residing in the U.S. from\nwhom he received the guaranty or undertaking.\n\nH. It is unlawful for any person to oppose or interfere in any way with the\nCommissioner in carrying out the duties imposed by this chapter.\n\nHISTORY: Code 1950, \u00a7\u00a7 3-208.31, 3-208.32, 3-208.34, 3-208.35, 3-208.37; 1960,\nc. 535; 1966, c. 702, \u00a7\u00a7 3.1-233, 3.1-234, 3.1-236, 3.1-237, 3.1-239; 1970, c.\n376, \u00a7 3.1-233.1; 1975, c. 102; 1976, c. 627; 1981, c. 260; 1989, c. 575, \u00a7\u00a7\n3.1-249.63 to 3.1-249.67, 3.1-249.69; 1993, c. 773; 2008, c. 860.","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}}