                                 CODE OF VIRGINIA

BOARD AUTHORIZED TO ADOPT REGULATIONS FOR THE APPLICATION OF REGULATED PRODUCTS
TO NONAGRICULTURAL PROPERTY; CIVIL PENALTY (§ 3.2-3602.1)

A. The Board shall adopt regulations to certify the competence of (i)
contractor-applicators, (ii) licensees, and (iii) employees, representatives, or
agents of state agencies, localities, or other governmental entities who apply
any regulated product to nonagricultural lands.

B. The regulations shall establish (i) training requirements; (ii) proper
nutrient management practices in accordance with &#xA7; 10.1-104.2, including
soil analysis techniques, equipment calibration, and the timing of the
application; and (iii) reporting requirements, including the submission of an
annual report as specified by the Commissioner regarding the location of lawn
fertilizer and lawn maintenance fertilizer applications. Contractor-applicators
and licensees who apply lawn fertilizer and lawn maintenance fertilizer to more
than a total of 50 acres of nonagricultural lands annually and employees,
representatives, or agents of state agencies, localities, or other governmental
entities who apply lawn fertilizer and lawn maintenance fertilizer to
nonagricultural lands shall submit an annual report on or before February 1 and
on a form prescribed by the Commissioner. The annual report shall include the
total acreage or square footage by zip code of the land receiving lawn
fertilizer and lawn maintenance fertilizer in the preceding calendar year. The
Department shall provide for optional reporting by electronic methods. The
Department shall make publicly available every year the total acreage or square
footage by zip code. Any personal information collected pursuant to this section
shall be exempt from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et
seq.), except that the Commissioner may release information that has been
transformed into a statistical or aggregate form that does not allow
identification of the persons who supplied, or are the subject of, particular
information.

C. The Board may impose a civil penalty of up to $1,000 on any
contractor-applicator or licensee who fails to comply with the regulations. The
amount of the civil penalty shall be paid into the special fund established in
&#xA7; 3.2-3617.

D. The Board shall form a technical advisory committee of stakeholders. The
Board shall consult with the technical advisory committee of stakeholders and
the Department of Conservation and Recreation in the development of the
regulations.

E. Any person who is subject to regulation and who applies any regulated product
to nonagricultural lands shall comply with the regulations within 12 months of
the effective date of the regulations.

F. Contractor-applicators and licensees in compliance with regulations adopted
by the Board pursuant to this section shall not be subject to local ordinances
governing the use or application of lawn fertilizer and lawn maintenance
fertilizer.

HISTORY: 2008, c. 686, § 3.1-106.4:2; 2011, cc. 341, 353, 552, 564; 2020, c.
413.