                                 CODE OF VIRGINIA

VIOLATIONS GENERALLY (§ 3.2-3939)

A. It is unlawful for any person to manufacture, distribute, sell, offer for
sale, use or offer for use:

   1. 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.

   2. 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:
   				a. The name and address of the manufacturer, registrant, or person for
   whom manufactured;
   				b. The name, brand, or trademark under which said pesticide is sold; and
   				c. The net weight or measure of the content, subject to reasonable
   variations as permitted by the Commissioner.

   3. Any pesticide containing any substance in quantities highly toxic to man,
   unless the label bears:
   				a. A skull and crossbones;
   				b. The word &#8220;poison&#8221; shown prominently in red on a background
   of distinctly contrasting color; and
   				c. A statement of an antidote for the pesticide.

   4. 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.

   5. Any pesticide that is adulterated or misbranded, or any device that is
   misbranded.

   6. 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.

B. 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.).

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

HISTORY: Code 1950, §§ 3-208.31, 3-208.32, 3-208.34, 3-208.35, 3-208.37; 1960,
c. 535; 1966, c. 702, §§ 3.1-233, 3.1-234, 3.1-236, 3.1-237, 3.1-239; 1970, c.
376, § 3.1-233.1; 1975, c. 102; 1976, c. 627; 1981, c. 260; 1989, c. 575, §§
3.1-249.63 to 3.1-249.67, 3.1-249.69; 1993, c. 773; 2008, c. 860.