                                 CODE OF VIRGINIA

AGENCIES OR PERSONS EXEMPT OR PARTIALLY EXEMPT (§ 3.2-3931)

A. 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.

B. 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&#8217;s certification. The
certification shall be valid only when applying or supervising application of
pesticides used by such governmental agencies.

C. 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.

D. 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.

E. 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.

F. 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 &#xA7; 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.

HISTORY: 1975, c. 377, § 3.1-249.5; 1989, c. 575, § 3.1-249.53; 1993, c. 773;
1995, c. 103; 2008, c. 860; 2024, c. 720.