                                 CODE OF VIRGINIA

DEFINITIONS (§ 3.2-3900)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Active ingredient&#8221; means (in the case of a pesticide other than a
plant regulator, defoliant, desiccant, or anti-desiccant) an ingredient that
will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or
other pests.
		&#8220;Agricultural commodity&#8221; means any plant or part thereof, animal,
or animal product, produced by a person (including farmers, ranchers,
vineyardists, plant propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, nurserymen, wood treaters not for hire,
or other comparable persons) primarily for sale, consumption, propagation, or
other use by man or animals.
		&#8220;Certificate&#8221; means the document issued to a certified applicator
or registered technician who has completed all the requirements of Article 3.
		&#8220;Certification&#8221; or &#8220;certified&#8221; means the recognition
granted by the Board to an applicator who has completed all the requirements of
Article 3.
		&#8220;Certified applicator&#8221; means a person who: (i) has satisfactorily
completed the Board requirements for certification as a commercial applicator,
registered technician, or private applicator; and (ii) has been issued a valid
certificate.
		&#8220;Commercial applicator&#8221; means any person who has completed the
requirements for certification to use or supervise the use of any pesticide for
any purpose or on any property other than as provided in the definition of
private applicator.
		&#8220;Defoliant&#8221; means any substance or mixture of substances intended
for causing the leaves or foliage to drop from a plant, with or without causing
abscission.
		&#8220;Desiccant&#8221; means any substance or mixture of substances intended
for artificially accelerating the drying of plant tissue.
		&#8220;Device&#8221; means any instrument or contrivance intended for: (i)
trapping, destroying, repelling, or mitigating insects or rodents; or (ii)
destroying, repelling, or mitigating fungi, bacteria, weeds or other pests as
may be designated by the Commissioner. Device shall not include treated wood
products, simple mechanical devices such as rattraps, or equipment used for the
application of pesticide when sold separately.
		&#8220;Fumigant&#8221; means any substance or mixture of substances that emits
or liberates gases, fumes, or vapors capable of destroying vermin, rodents,
insects, and other pests.
		&#8220;Fungicide&#8221; means any substance or mixture of substances intended
for preventing, destroying, repelling, or mitigating any fungi or plant disease.
		&#8220;Herbicide&#8221; means any substance or mixture of substances intended
for preventing, destroying, repelling, or mitigating any weed.
		&#8220;Ingredient statement&#8221; or &#8220;guaranteed analysis
statement&#8221; means a statement containing: (i) the name and percentage of
each active ingredient; (ii) the total percentage of the inert ingredients; and
(iii) if the pesticide contains arsenic in any form, the percentages of total
and water soluble arsenic.
		&#8220;Insect&#8221; means any small invertebrate animal generally having a
segmented form and belonging to the class Insecta including beetles, bugs, and
bees. For purposes of this act, the term insect shall also mean classes of
arthropods whose members are usually wingless and have more than six legs
including spiders, mites, ticks, centipedes, and wood lice.
		&#8220;Insecticide&#8221; means any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any insects that
may be present in any environment whatsoever.
		&#8220;Label&#8221; means the written, printed or graphic matter on, or
attached to, the pesticide or device, or the immediate container thereof, and
the outside container or wrapper of the retail package, if any, of the pesticide
or device.
		&#8220;Labeling&#8221; means all labels and other written, printed, or graphic
matter: (i) upon the pesticide or device or any of its containers or wrappers;
(ii) accompanying the pesticide or device at any time; or (iii) referenced on
the label or in literature accompanying the pesticide or device. Labeling shall
not include current official publications of the agricultural experiment
station, the Virginia Polytechnic Institute and State University, the
Department, the State Board of Health, or similar federal or state institutions
when accurate, nonmisleading reference is made to such official publications and
such agencies are authorized by law to conduct research in the field of
pesticides.
		&#8220;Licensed&#8221; or &#8220;licensee&#8221; means a person issued a
license by the Board to engage in the sale, storage, distribution,
recommendation, or application of pesticides for compensation.
		&#8220;Pest&#8221; means any deleterious organism that is: (i) any vertebrate
animal other than man; (ii) any invertebrate animal excluding any internal
parasite of living man or other living animals; (iii) any plant growing where
not wanted, and any plant part such as a root; or (iv) any bacterium, virus, or
other microorganisms (except for those on or in living man or other living
animals and those on or in processed food or processed animal feed, beverages,
drugs as defined by the Federal Food, Drug, and Cosmetic Act at 21 U.S.C. § 321
(g)(1), and cosmetics as defined by the Federal Food, Drug, and Cosmetic Act at
21 U.S.C. § 321 (i)). Any organism classified as endangered, threatened, or
otherwise protected under federal or state laws shall not be deemed a pest for
the purposes of this chapter.
		&#8220;Pesticide&#8221; means: (i) any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any insects,
rodents, fungi, bacteria, weeds, other forms of plant or animal life, bacterium,
or viruses, 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 intended to become an active ingredient in any substance
defined in clause (i) and (ii).
		&#8220;Pesticide business&#8221; means any person engaged in the business of:
distributing, applying or recommending the use of a product; or storing,
selling, or offering for sale pesticides directly to the user. The term
&#8220;pesticide business&#8221; does not include: (i) wood treaters not for
hire; (ii) seed treaters not for hire; (iii) operations that produce
agricultural products, unless the owners or operators of such operations
described in clauses (i), (ii), and (iii) are engaged in the business of selling
or offering for sale pesticides, or distributing pesticides to persons outside
of that agricultural producing operation in connection with commercial
transactions; or (iv) businesses exempted by regulations adopted by the Board.
		&#8220;Plant regulator&#8221; means any substance or mixture of substances,
intended through physiological action, for accelerating or retarding the rate of
growth or rate of maturation, or for otherwise altering the behavior of
ornamental or crop plants or the produce thereof, but shall not include
substances to the extent that they are intended as plant nutrients, trace
elements, nutritional chemicals, plant inoculants, and soil amendments.
		&#8220;Private applicator&#8221; means an individual who uses or supervises
the use of any pesticide that is classified for restricted use for purposes of
producing any agricultural commodity on property owned or rented by him or his
employer or, if applied without compensation other than trading of personal
services between producers of agricultural commodities, on the property of
another person.
		&#8220;Registered technician&#8221; means an individual who has satisfactorily
completed the Board requirements for certification to apply general use
pesticides, and to apply restricted use pesticides while under the direct
supervision of a certified commercial applicator. Registered technicians render
services similar to those of a certified commercial applicator, but have not
completed all the requirements to be eligible for certification as a commercial
applicator.
		&#8220;Registrant&#8221; means the person registering any pesticide pursuant
to the provisions of this chapter.
		&#8220;Restricted use pesticide&#8221; or &#8220;pesticide classified for
restricted use&#8221; means any pesticide classified as restricted by the
Administrator of the U.S. Environmental Protection Agency.
		&#8220;Rodenticide&#8221; means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating rodents or any
other vertebrate animal declared by the Commissioner to be a pest.
		&#8220;Serious violation&#8221; means a violation of this chapter or
regulation adopted hereunder that results in a substantial probability of death
or serious physical harm to persons, serious harm to property, or serious harm
to the environment unless the person or licensee did not or could not with the
exercise of reasonable diligence know of the violation.
		&#8220;State special use&#8221; or &#8220;pesticide classified for restricted
use in the Commonwealth&#8221; means any pesticide that is judged by the Board
after special review to be so hazardous or injurious to persons, pollinating
insects, animals, crops, wildlife, lands, or the environment (other than the
pests it is intended to prevent, destroy, control, or mitigate) that additional
restrictions on its sale, purpose, use, or possession are required.
		&#8220;Under the direct supervision of&#8221; means the act or process whereby
the application of a pesticide is made by a competent person acting under the
instructions and control of a certified applicator who is responsible for the
actions of that person.
		&#8220;Unreasonable adverse effects on the environment&#8221; means any
unreasonable risk to man or the environment, taking into account the economic,
social, and environmental costs and benefits of the use of any pesticide.
		&#8220;Use&#8221; means the employment of a pesticide for the purposes of: (i)
preventing, destroying, repelling, or mitigating any pest; or (ii) regulating
plant growth, causing defoliation or desiccation of plants. The term
&#8220;use&#8221; shall include applying, mixing, handling, or transferring a
pesticide after the manufacturer&#8217;s original seal is broken, and any act
consistent with the label.

HISTORY: 1989, c. 575, § 3.1-249.27; 1993, c. 773; 1995, c. 103; 2008, c. 860;
2012, cc. 803, 835.