TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending 2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act and 2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act. The purpose of the proposed action is to conform the regulations to the U.S. Environmental Protection Agency (EPA) 2017 Certification of Pesticide Applicators rule. This federal rule sets forth the minimum requirements for applicators who apply restricted use pesticides, including both commercial and private pesticide applicators. EPA's 2017 revisions to the federal rule were designed to enhance the competencies of pesticide applicators. The amendments are necessary for Virginia to retain its authority to certify pesticide applicators. The primary areas of change include amending (i) applicator competency standards for certification and recertification; (ii) minimum age for certified applicators and persons working under the direct supervision of a certified applicator; (iii) specialized certification categories for applicators using specific application methods, such as fumigation and aerial application; and (iv) recordkeeping for pesticide applicators and pesticide businesses.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Public Comment Deadline: April 24, 2024.

Agency Contact: Liza Fleeson Trossbach, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, TDD (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.