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 2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act. The purpose of the proposed action is to respond to a petition for rulemaking from the public for the agency to subdivide the existing public health pest control category into two subcategories that will each be more narrowly defined than the existing public health pest control certification category.

The regulation establishes 13 categories of certification available to commercial pesticide applicators, specifying that the public health pest control category is for a commercial applicator who will be using or supervising the use of pesticides for the management and control of pests having medical and public health significance and defines these categories by the location or pest to which a pesticide is applied. This category is used by applicators applying pesticides for this purpose in either a public space, including locality-wide, or a private space. Subdividing the public health pest control category will enable a commercial applicator controlling pests of public health significance to train for, be tested on, and meet certification standards that more closely align with the type of pesticide application that the applicator conducts, rather than the broader standards currently required for certification in the public health pest control category.

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: July 1, 2026.

Agency Contact: Nicole Wilkins, 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 nicole.wilkins@vdacs.virginia.gov.