TITLE 2. AGRICULTURE
Title of Regulation: 2VAC5-675. Regulations Governing
Pesticide Fees Charged by the Department of Agriculture and Consumer Services (amending 2VAC5-675-20 through 2VAC5-675-50).
Statutory Authority: § 3.2-3906 of the Code Virginia.
Effective Date: July 11, 2019.
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, TTY (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.
Summary:
The amendments adjust the current fee structure for
licensure, registration, and certification to reflect actual costs of program
implementation and include a fee increase for commercial pesticide applicator
certification, registered technician certification, pesticide business
licensure, and pesticide product registration.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
Part II
Fees
2VAC5-675-20. Pesticide product registration fee; registration
of new pesticide products; renewal of pesticide product registration.
A. Every pesticide product which is to be
manufactured, distributed, sold, offered for sale, used, or offered for
use within the Commonwealth shall be registered with the commissioner. The fee
for registering each brand shall be $160 $225. If a brand has
more than one grade, each grade shall be registered, not the brand at the
registration fee then in effect. The registration for a new pesticide product
shall be effective upon receipt by the Department of Agriculture and Consumer
Services of the application form accompanied by the required registration fee.
B. All pesticide product registrations shall expire on
December 31 of each year unless canceled or otherwise terminated for cause. A
registration not canceled or otherwise terminated for cause will be renewed
upon receipt of the annual registration fee as set forth in subsection A of
this section accompanied by the application renewal form. A registration that
has been canceled or otherwise terminated for cause prior to December 31 may be
resubmitted as a new registration when the conditions resulting in the
cancellation or termination have been resolved. The registration of each brand
or grade shall be renewed with the commissioner prior to December 31 of each
year. If the registration is not renewed prior to December 31 of each year, the
commissioner shall assess a late fee of 20% that shall be added to the
registration fee. The late fee shall apply to all renewal registrations
submitted to the department any time during the 12-month period following the
expiration of the registration. Registrants who permit a registration to lapse
for more than one year shall thereafter register the product as a new product.
The applicant shall pay the total fee prior to the issuance of the registration
by the commissioner.
2VAC5-675-30. Commercial applicator certificate fee.
Any person applying for a certificate as a commercial
applicator shall pay to the department an initial nonrefundable certificate fee
of $70 $100 and a biennial nonrefundable renewal fee of $70
$100 thereafter. All certificates shall expire at midnight on June 30 in
the second year after issuance unless suspended or revoked for cause. All
certificates not suspended or revoked for cause will be renewed upon receipt of
the biennial renewal fee. If the applicator does not file an application for
renewal of his certificate prior to COB June 30, the commissioner shall assess
a late filing fee of 20% that shall be added to the renewal fee. The applicant
shall pay the total fee prior to the commissioner's issuance of the renewal.
However, if the certificate is not renewed within 60 days following the
expiration of the certificate, then such certificate holder shall be required
to take another examination. The fee for this reexamination or for any
commercial applicator reexamination pursuant to subsection C of § 3.2-3930 of
the Code of Virginia shall be $70 $100 and shall be
nonrefundable. Any person applying to add a category or subcategory to his
certificate shall pay to the department a nonrefundable fee of $35. Federal,
state, and local government employees certified to use, or supervise the use
of, pesticides in government programs shall be exempt from any certification
fees.
2VAC5-675-40. Registered technician certificate fee.
Any person applying for a certificate as a registered
technician shall pay to the department an initial nonrefundable certificate fee
of $30 $50 and a biennial nonrefundable renewal fee of $30
$50 thereafter. All certificates shall expire at midnight on June 30 in
the second year after issuance unless suspended or revoked for cause. A
certificate not suspended or revoked for cause will be renewed upon receipt of
the biennial renewal fee. If the application for renewal of any certificate is
not filed prior to COB June 30, a late filing fee of 20% shall be assessed and
added to the renewal fee and shall be paid by the applicant before the renewal
shall be issued. If the certificate is not renewed within 60 days following the
expiration of the certificate, then such certificate holder shall be required
to take another examination. The fee for this reexamination pursuant to
subsection C of § 3.2-3930 of the Code of Virginia shall be $30 $50
and shall be nonrefundable. Federal, state, and local government
employees certified to use pesticides in government programs shall be exempt
from any certification fees.
2VAC5-675-50. Business license fee.
Any pesticide business that distributes, stores, sells,
recommends for use, mixes, or applies pesticides shall pay a nonrefundable
annual pesticide business licensing fee of $50 $150 for each
location or outlet that [ he or ] it operates. All business
licenses will expire at midnight on March 3l of each year unless suspended or
revoked for cause. If a business license is not suspended or revoked for cause,
it will be renewed upon payment of the annual fee. If any person operating as a
pesticide business fails to apply for renewal of a pesticide business license
by COB March 31 the applicant, as a condition of renewal, shall pay a late
license fee of 20% of the licensing fee in addition to that fee. Merchants of
limited quantities of nonrestricted use pesticides including grocery stores,
convenience stores, drug stores, veterinarians, and other businesses
[ who that ] sell pesticides primarily for limited
household use shall be exempt from the business license requirement.
NOTICE: Forms used in
administering the regulation have been filed by the agency. The forms are not
being published; however, online users of this issue of the Virginia Register
of Regulations may click on the name of a form with a hyperlink to access it.
The forms are also available from the agency contact or may be viewed at the
Office of the Registrar of Regulations, 900 East Main Street, 11th Floor,
Richmond, Virginia 23219.
FORMS (2VAC5-675)
Application for New Pesticide Product
Registration/Additional Information and Instructions, VDACS—07208 (rev. 7/12).
Application for Virginia Pesticide Business License to
sell, distribute, store, apply, or recommend pesticides for use, VDACS—07209
(eff. 9/06).
Application for Reciprocal Pesticide Applicator
Certificate/Commercial Pesticide Applicator Categories, VDACS—07210 (eff.
5/09).
Commercial Pesticide Applicator Certification
Application/Eligibility Requirements for Commercial Applicator Certification,
VDACS—07211 (rev. 7/12).
Pesticide Registered Technician Application/General
Training Requirements for Registered Technicians, VDACS—07212 (eff. 1/09).
Commercial Pesticide Applicator Request for Authorization
to Take Pesticide Applicator Examination/Commercial Pesticide Applicator
Categories, VDACS—07218 (eff. 1/09).
Application
for New Pesticide Product Registration/Additional Information and Instructions,
VDACS-07208 (rev. 7/2017)
Application
for Virginia Pesticide Business License to sell, distribute, store, apply, or
recommend pesticides for use, VDACS-07209 (rev. 7/2017)
Application
for Reciprocal Pesticide Applicator Certificate/Commercial Pesticide Applicator
Categories, VDACS-07210 (rev. 7/2017)
Commercial
Pesticide Applicator Certification Application/Eligibility Requirements for
Commercial Applicator Certification, VDACS-07211 (rev. 7/2017)
[ Pesticide Registered Technician
Application/General Training Requirements for Registered Technicians,
VDACS-07212 (rev. 7/2017)
Pesticide
Registered Technician Application/General Training Requirements for Registered
Technicians, VDACS-07212-A (rev. 7/2018)
Pesticide
Registered Technician Request for Authorization to Take Pesticide Applicator
Examination, VDACS-07212-B (eff. 7/2018) ]
Commercial
Pesticide Applicator Request for Authorization to Take Pesticide Applicator
Examination/Commercial Pesticide Applicator Categories, VDACS-07218 (rev.
7/2017)
VA.R. Doc. No. R17-5041; Filed May 22, 2019, 10:36 a.m.