Vol. 32 Iss. 3 - October 05, 2015

Chapter 680
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. The purpose of the proposed action is to update the regulation and align it with current agency practices and federal requirements, to include (i) adding the definition of the term "operating in Virginia" and amending the definition of the term "pesticide business location" in order to address current industry practices; (ii) adding the definition of the term "limited household use" in order to clarify the requirements for merchants who are exempt from pesticide business licenses under the Virginia Pesticide Control Act; (iii) adding the definition of the term "multiple violations"; (iv) clarifying the current requirements for the application for a pesticide business license in order to decrease regulants' confusion and encourage compliance; (v) clarifying the current requirement regarding evidence of financial responsibility in order to decrease regulants' confusion and encourage compliance; (vi) amending the language of the recordkeeping requirements to be consistent with other pesticide labeling requirements in the regulation; and (vii) revising the recordkeeping sections to reflect the changes previously mentioned.

The agency intends 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: November 4, 2015.

Agency Contact: Laura Hare, Policy Analyst, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1908, FAX (804) 255-2666, or email

VA.R. Doc. No. R16-4506; Filed September 8, 2015, 12:39 p.m.