Applying Pesticides Correctly Virginia Core Regulatory Update and Refresher

Virginia Pesticide Laws & Regulations CORE Virginia Pesticide Laws & Regulations This module will help you: Understand key Virginia laws and regulations Understand the importance of good record keeping Pesticides are also regulated at the state level and it’s important that you understand the primary state laws and regulations that govern pesticide use and safety within Virginia. You also need to understand the recordkeeping requirements and their importance.

Federal Law The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) grants the Environmental Protection Agency (EPA) the authority to regulate the marketing of economic poisons and devices in the United States. Under Section 23 of FIFRA, the EPA can enter into Cooperative Agreements with states to cooperate in the enforcement of FIFRA.

Enforcing FIFRA In Virginia The Virginia Department of Agriculture and Consumer Services (VDACS) works under a Cooperative Agreement with EPA which designates VDACS as the state lead agency (SLA) responsible for enforcing the provisions of FIFRA within the state of Virginia. The Office of Pesticide Services (OPS) is the program within VDACS that enforces the provisions of FIFRA VDACS Pesticide Investigators carry federal credentials for enforcing the provisions of FIFRA within Virginia. As the designated agency within the state of Virginia for the enforcement of the pesticide laws, the Virginia Department of Agriculture and Consumer Services (VDACS) has entered into a cooperative enforcement and certification agreement with the U.S. Environmental Protection Agency (EPA). This agreement creates a more uniform set of standards for certification training and enforcement regarding the use of pesticides. EPA has granted the State of Virginia full primacy regarding the enforcement of pesticides, thus giving VDACS the power and authority to enforce the provisions of the Federal pesticide laws as well as Virginia’s. As a result, VDACS Pesticide Investigators carry both state and federal credentials.

Virginia Pesticide Control Act Enacted by Virginia General Assembly in 1989 Meant to protect public health and the environment Grants VDACS and the Virginia Board of Agriculture & Consumer Services the authority to regulate the registration, manufacture, sale, transportation and use of pesticides. Requires licensing of commercial pesticide businesses and certification of pesticide applicators (for hire or use of RUPs) Like the federal pesticide laws, Virginia’s pesticide laws and regulations were created to protect the citizens of Virginia and the environment. The Pesticide Control Act was passed by the Virginia General Assembly in 1989 and is the statute that regulates the use, sale, storage, and distribution of pesticides within the state of Virginia. It also ensures that pesticides are applied by competent individuals by establishing guidelines for the application of pesticides and for the certification of pesticide applicators.

Virginia Pesticide Regulations Regulations Pursuant to the Virginia Pesticide Control Act are promulgated by the Virginia Board of Agriculture & Consumer Services. The regulations contain the requirements for how pesticides are to be applied, stored, used, and sold in Virginia; business license requirements; and, the qualifications of applicators. The Act & Regulations are administered by the Virginia Department of Agriculture and Consumer Services– Office of Pesticide Services (OPS) As previously mentioned, the Virginia Pesticide Control Act is the state law that governs the use of pesticides in Virginia, and has been amended many times since it was first passed into legislation. The Virginia Department of Agriculture & Consumer Services (VDACS) is the designated lead agency within the state of Virginia for the enforcement of the pesticide laws and regulations. Within VDACS, the Office of Pesticide Services has the responsibility of carrying out the provisions of these laws and regulations. Virginia’s pesticide laws and regulations are more stringent than the federal pesticide laws.

Virginia’s Enforcement Program – Business Inspections OPS conducts routine inspections of licensed pesticide businesses, certified applicators and dealers of restricted use pesticides. Inspections include the review of: License and certification records Application records Mixing/loading and storage areas Application equipment Personal protective equipment Disposal practices Under the Enforcement program, VDACS-OPS conducts routine inspections of licensed pesticide businesses, certified applicators (government and not-for hire) and dealers of restricted use pesticides. As part of the inspection, OPS investigators review licenses, certificates, employee ID cards and training records. Application records are also reviewed along with, storage areas, application equipment, vehicles used in pest control, and personal protective equipment. In the case of restricted use pesticide dealers, sales records are checked to ensure restricted use pesticides are being sold to certified applicators. Other distributors and retailers may also be inspected to determine whether products that they sell are registered in Virginia.

Virginia’s Enforcement Program – Use Observations OPS conducts Use Observations to observe actual pesticide applications to ensure: Compliance with directions for use Pesticides are mixed and loaded properly Pesticides are applied in accordance with label directions In addition to conducting routine business inspections, OPS investigators also perform use observations where pesticide applications are observed along with the mixing and loading process to ensure compliance with label directions and state and federal laws and regulations.

Virginia’s Enforcement Program – Investigations OPS conducts misuse, incident and consumer complaint investigations OPS also conducts misuse, incident, and consumer complaint investigations involving pesticides. Investigations can involve the misuse of a pesticide where the product is not applied according to label directions, the off target movement of a pesticide from the application site through runoff or drift (which could occur either indoors or outdoors), along with spills.

General Regulations THE LABEL IS THE LAW! Pesticides must be used in strict accordance with label directions Anti-siphon devices or backflow preventers are required on all pest control equipment Precautions must be observed in the use of pesticides to prevent off-target movement and/or harm to humans, animals and environment Safety equipment indicated on the label must be provided VDACS must be notified within 48 hours of any accident or spill involving pesticides THE LABEL IS THE LAW! Virginia’s laws and regulations contain some general provisions regarding the use of pesticides. One of these provisions is that all pesticides must be used in strict accordance with label directions. Remember: “The Label Is The Law”. Some additional requirements include: The use of anti-siphon or backflow preventers, such as dead air gaps, on all pest control equipment;   Observing all precautions when using pesticides in order to prevent the off-target movement and/or harm to humans, animals or the environment; Providing all safety equipment that is listed on product labels to applicators; Notifying VDACS within 48 hours of any accident, spill, or incident involving a pesticide; and, having a copy of the pesticide label on hand at the site of the application.

Service Container Labeling (Concentrates) If a concentrate (to be further diluted) is stored in a container other than the original, the container shall bear abbreviated labeling which contains the following information: Product Name; U.S. EPA registration number; Signal word; Name and percentage of active ingredient. Everstop PRO EPA REG No. 9999-2008 Whonosate…… 41.0% Caution Pesticide Concentrate Label There are also some requirements that must be followed whenever a service container is used to store or transport a pesticide. A service container is a container other than the original container. Remember, do not use food or beverage containers as service containers. All service containers must have a securely attached label that contains the common name of the pesticide, U.S. EPA Registration number, signal word, and percent concentration of the pesticide. Even though it is not required, the trade name is also a good piece of information to include. The above information should be the same as that which appeared on the original product label and must be on the abbreviated labeling. The information is required regardless of container type, size, or capacity.

Service Container Labeling (Diluted/End Use) Containers which are used for the temporary storage or transport of end-use dilutions or end-use concentrates are to bear labeling with the following information: The term “Diluted” or “End-use Concentrate” preceding; Product Name (as appearing on label)*; U.S. EPA registration number*; Signal word*; Name of active ingredient*; Percentage of end-use dilution or concentrate. Diluted Everstop PRO EPA REG No. 9999-2008 Whonosate…… 1½ % Caution Diluted Pesticide Label *The asterisked (*) information would be found on the original product label.

Service Container Labeling (Exemptions) Abbreviated labeling is not required for temporary storage or transport when: The end-use dilution container does not exceed 3 gallons liquid or 3 pounds dry capacity and the container is part of an application device; Containers used by farm supply dealers if accompanied by sales invoice/delivery ticket identifying pesticide; On farm concentrate or end-use dilution containers or application equipment containing pesticides for agricultural use; Aircraft-mounted containers, provided that aircraft logs or other documents accompany the aircraft to identify pesticide.

Pesticide Business License Required for any business providing pest control services, or performing any type of pesticide application, for hire or as part of an overall service. Business must have at least one individual certified in each of the categories in which pest control services are being offered; Business must have valid Certificate of Insurance; Employees who apply pesticides commercially must be certified as either a registered technician or commercial applicator; PBL must be renewed prior to March 31 each year for $50 fee. A Pesticide Business License is required for each place of business that is performing pesticide applications, or conducting pest control services for hire, including pesticide applications made as part of an overall service. It does not matter what type of pesticide is used, the license is required for all pesticides, both general and restricted use. In order for a company to obtain a Pesticide Business License they must have at least one person certified as a commercial applicator in a category for which they are providing services, provide a certificate of insurance for General Liability coverage, and pay the annual $50 license fee that is valid until March 31.  

Certification-Commercial Applicator for Hire Experience Required 1 year as certified Registered Technician; or 1 year of education, training, or experience in a pesticide related field which provides equivalent experience. Must be renewed prior to June 30 of second certification year for $70 fee* Must attend 1 recertification program during two year period Can accumulate up to 4 years of recert credit *Not retroactive; 2 year certification cycle starts July 1 and ends on June 30 of second year regardless of when issued. You get 2 years of recertification credit for attending one Virginia approved recertification course. You can accumulate 4 years of credit based on your certificate expiration date.

Certification-Commercial Not-For- Hire Individuals applying pesticide in the following areas must also become certified as either a commercial applicator not for hire or a registered technician. Areas open to the general public at daycare facilities, educational institutions, health care facilities, and convalescent facilities; Areas where open food is stored, processed, or sold; and Recreational lands over five acres in size [i.e. golf courses]. Business must have at least one individual certified as a commercial applicator in each of the categories in which pest control services are being performed. Fees & certification requirements are the same as the ones for commercial for hire or registered tech. Certification is required for each golf course that is using their employees to apply either general or restricted use pesticides to their property. In addition, if a firm or corporation is using their employees as part of the job duties to apply a restricted use pesticide to their own property. In order to obtain a Not-For-Hire License they must have someone certified in the pest control categories in which they are making pesticide applications and pay the annual $50 license fee that is valid until March 31.

Certification–Commercial Government Employees Required when government employees use or supervise the use of pesticides on any area in the performance of their official duties. Must be certified as either Commercial Not-for-Hire or Registered Tech. Employees must be certified in each of the categories in which pest control services are being offered. Exempt from fees but must meet other requirements for certification. Employees of government agencies (city, county, state, federal) that use or supervise the use of any pesticide on any area in the performance of their official duties must be certified as either a commercial applicator not for hire or a registered technician. There are no fees for government employees to certified. Certification must be renewed biannually and is valid until June 30 of the second year of the certification cycle.

Certification Process – Commercial (All) Submit application with documentation of one year of experience working for licensed company, or degree in a biological field of study Pay $70 certificate fee with application (Government exempt) Pass a closed book Core examination and examination for each category seeking certification with at least a 76% VDACS issues certificate with a unique certificate number assigned to each applicator Certificates are valid for 2 years and expire on June 30 To renew certificate: Each applicator must attend recertification training during two year period Submit renewal form with appropriate fees In order for an individual to become certified, they must satisfy some initial requirements before they can sit for the certification examinations. An applicant must have either one year of experience applying pesticides in each of the categories in which they are seeking certification as an employee for a licensed business or public agency, or a degree in a biological/pesticide related field of study can be used in lieu of the experience. Each applicant must submit an application along with documentation that they have satisfied either the experience or the education requirements. Upon approval, the applicant must pass a closed book exam on Core related material along with category-specific examinations with at least a 76%. Upon passing, VDACS will issue a certificate that has a unique number which is assigned to the individual printed on it, along with a list of those categories in which they can provide pest control services. If an employee has not successfully completed the required training, they cannot perform pest control services unless a certified applicator or a registered employee is physically present at the time the pest control service is being performed by the untrained employee. To maintain certification, the applicator must renew every 2 years and pay the $70 renewal fee. In order to renew a certificate the certified applicator must attend a VDACS approved recertification-training meeting (or re-test in each category), AND submit the renewal form along with the appropriate fees.

Registered Technician Employees of pesticide businesses who are not certified as commercial applicators and who are involved in pest control must become a registered technician (RT) by fulfilling the following requirements: Complete 20 hours of on-the-job training in the proper application of pesticides under the direct on-site supervision of certified commercial applicators. Complete 20 hours of Board approved training Take an exam within 90 days of the date they were hired or transferred into a position where they will use pesticides commercially

Registered Technician Additional training is required before a registered technician begins working in a category which is different than the one in which they received their original training. The additional training will cover: Pesticides to be used, including reading and understanding the label; Application equipment & techniques; Pests to be controlled; Personal protective equipment and clothing; Environmental concerns, including storage and disposal of pesticides applied.

Certification Process- Registered Technician (RT) Submit application with documentation of the completion of the required 40 hours of training provided by a certified commercial applicator Pay $30 certificate fee with application (Government exempt) Pass a closed book Core examination with at least a 76% VDACS issues certificate with a unique certificate number assigned to each applicator Certificates are valid for 2 years and expire on June 30 To renew certificate: Each applicator must attend recertification training during two year period Submit renewal form with appropriate fees

Certification – Private Applicators Required for individuals who want to use a restricted use pesticide on their own property, or leased property, for the production of an agricultural commodity (i.e., field crops, fruit, vegetable, nursery stock, greenhouse production, Christmas trees, sod farms) Virginia defines a Private Applicator as an individual that is using a restricted use pesticide on their own property, or property they lease, for the production of an agricultural commodity. This would include crops in agricultural production areas such as field and forage crops, fruit and vegetables, nursery stock, greenhouse plants, Christmas trees and sod.

Certification Process – Private Applicators Pass a closed book examination with at least a 76% VDACS issues a certificate with a unique certificate number assigned to each applicator Certificates are valid for two years and expire on December 31 To renew certificate: Each applicator must attend a recertification training in the listed category(ies) once during the two year certification cycle and prior to expiration of the certificate. If an individual wishes to become certified as a Private Applicator they must pass a closed book examination administered by VDACS with at least a 76%. Private Applicators are also fee exempt. Certificates are valid for a 2-year period and expire December 31st. In order to renew a Private Applicator certificate the certified applicator must have recertification credit from attending a VDACS approved recertification training session during the last two years of their current certificate.

Record Keeping Requirements – Pesticide Businesses Pesticide application records are required for each pesticide application, includes both general use and restricted use pesticides. Records must be maintained for two years and contain the following information: Name, address & phone number of customer (including address of treated property, if different) Name and certification number of person making the application Day, month and year of application Type of plants, crop, animals or site treated and pests controlled Acreage, area, or number of plants or animals treated Brand name or common product name EPA registration number Amount of pesticide concentration & amount of diluent used by weight or volume, in mixture applied Type of application equipment used Records must be maintained for all pesticide applications, both general and restricted use pesticides. The records must be maintained for a period of two years and made available to VDACS /OPS upon request. The records are required to contain specific information: Name, address & phone number of customer (including address of treated property, if different); Name and certificate number of applicator; Day, month and year of application; Type of plants, crop, animals or site treated and pests controlled; Acreage, area, or number of plants or animals treated; Brand name or common product name; EPA registration number; Amount of pesticide concentration & amount of diluent used, by weight or volume, in mixture applied; Type of application equipment used Applicators can always record additional information that they deem relevant to the application records such as wind speed and drift reduction strategies. 

Record Keeping Requirements – Restricted Use Pesticide Sales Pesticide Businesses that sell restricted use pesticides shall maintain a record of each restricted use pesticide sold. Each sales record shall contain the following: Name, address, certified applicator number or business license number & expiration date of the person to whom the RUP was sold or delivered Date of sale Brand or common product name EPA registration number Quantity of pesticide sold or delivered Pesticide Businesses that sell restricted use pesticides shall maintain a record of each restricted use pesticide sold. Each sales record shall contain the following: Name, address, certified applicator number or business license number & expiration date of the person to whom the RUP was sold or delivered Date of sale Brand or common product name EPA registration number Quantity of pesticide sold or delivered

Record Keeping Requirements – Private Applicators Private applicators applying pesticides to agricultural commodities must maintain records in accordance with the federal Worker Protection Standard and, if applying restricted use pesticides, USDA requirements as shown in this table. Private applicators to maintain pesticide application records for all pesticide applications, both general and restricted use pesticides. The records must be maintained for a period of two years and made available to VDACS/OPS upon request. The records are required to contain specific information: The name and address of the certified applicator; name and address of the applicator (if different);   The location of the treated area; date of application; brand name or common name of the pesticides applied; EPA registration number; The application rate; total amount used; acreage, size of treated area or number of plants treated; crop, stored product or commodity treated; and, information under the federal Worker Protection Standard that includes the time of application, Reentry interval (REI) and the date and time that the area can be reentered by workers. Even though it is not required, it is recommended that private applicators maintain weather information, such as temperature, wind speed and direction and any drift reduction practices that have been used. This information can be valuable in the event of a complaint regarding the application.

Violative Acts and Penalties VDACS can take enforcement action against any person, business or agency that violates any provision of the Virginia Pesticide Control Act, Regulations, or the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Possible enforcement actions include: Letter of Caution Civil Penalties Fine of up to $1,000 per violation for a non-serious first time violation Fine up to $20,000 for knowing or repeat violations Up to $100,000 additional in the event of death or serious physical harm to any person. Suspension, modification, revocation or denial of business license and/or applicator certification Filling of criminal charges Referral to U.S. Environmental Protection Agency for federal action VDACS can take an enforcement action against any individual, business, or public agency for violating provisions of the Virginia Pesticide Control Act and Regulations, or the federal Fungicide, Insecticide and Rodenticide Act (FIFRA). Actions could range from a Letter of Caution that may be issued for a first time violation, to a civil penalty with a fine of up to $1,000 for the first violation, or a fine of up to $20,000 for a repeat violation and a fines up to $100,000 additional in the event of death or serious physical harm to any person. VDACS /OPS can also revoke, deny or suspend a license or certificate or file criminal charges. In the case of a violation involving FIFRA, VDACS/OPS can refer the case to the U.S. EPA for further action on the federal level.  

Pesticide Registration In addition to federal registration, all pesticide products distributed, sold, or transported in Virginia must be registered with the Virginia Department of Agriculture and Consumer Services, Office of Pesticide Services. Pesticides classified by EPA as 25b products are not exempt from state registration Watch for outdated, expired products. In addition to federal registration by the U.S. EPA, all pesticides that are distributed, sold, or used within the state of Virginia must also be registered with OPS. Those pesticide products that are classified by the U.S. EPA as 25b, Minimal Risk, pesticides and are exempt from federal registration are NOT exempt from Virginia’s state registration requirements.

CORE Summary Virginia’s regulations protect human health and the environment Applicators are responsible for knowing and complying with Virginia’s pesticide laws and regulations Virginia’s pesticide laws and regulations are more restrictive than the federal law Pesticide products must also be registered with the state of Virginia Like the federal pesticide laws, Virginia’s pesticide laws and regulations are enacted to protect human health and the environment. Applicators are responsible for knowing and complying with Virginia’s pesticide laws and regulations. Virginia’s pesticide laws and regulations are more restrictive than the federal laws and further restrict the registration, sale, use of pesticides along with the certification of pesticide applicators and licensing of businesses and public agencies providing pest control services. All pesticides used within the state of Virginia must also be registered with VDACS.

Remember Follow the label– it’s both state and federal law! CORE Remember Follow the label– it’s both state and federal law! It's the responsibility of all applicators to know the state and federal laws affecting their work By complying with state and federal laws, costly penalties can be avoided, and also ensure that pesticides are used in a safe, effective manner. Remember - The label is the law. Any violation of the label directions is a violation of both state and federal law and can result in civil or criminal penalties. It's the applicator’s responsibility to know the state and federal laws and stay current with changes to laws and regulations. Pesticides can be used safely and effectively by complying with state and federal laws and by understanding and following label directions.  

CORE Q1. What state agency is responsible for enforcing the state and federal pesticide laws? Environmental Protection Agency (EPA) Virginia Department of Environmental Quality (DEQ) Virginia Department of Conservation & Recreation (DCR) Virginia Department of Agriculture & Consumer Services(VDACS) Question 1. What state agency is responsible for enforcing the state and federal pesticide laws? Environmental Protection Agency (EPA) Virginia Department of Environmental Quality (DEQ) Virginia Department of Conservation & Recreation (DCR) Virginia Department of Agriculture & Consumer Services (VDACS) The correct answer is D –Virginia Department of Agriculture & Consumer Services VDACS has been given the authority to enforce both sate and federal pesticide laws within the State of Virginia.

Q2. How long must pesticide application records be maintained? CORE Q2. How long must pesticide application records be maintained? A. 1 year B. 2 years C. 5 years D. Indefinitely Question 2. How long must pesticide application records be maintained? A. 1 year B. 2 years C. 5 years D. Indefinitely The correct answer is B - 2 years All pesticide records must be maintained for a period of 2 years and made available to VDACS upon request.

Q3. How long is a Private Applicator certificate valid? CORE Q3. How long is a Private Applicator certificate valid? 1 year 2 years 3 years 5 years Question 3. How long is a Private Applicator certificate valid? 1 year 2 years 3 years 5 years The Correct answer is B – 2 years All Private Applicator certificates are valid for a 2 year period and expire December 31st.

CORE Q4. How long is a commercial/government agency Pesticide Applicator certificate valid? A. 1 year B. 2 years C. 3 years D. 5 years Question 3. How long is a commercial/government agency Pesticide Applicator certificate valid? 1 year 2 years 3 years 5 years The correct answer is B – 2 years All commercial and government certificates are valid for 2 years and expire on June 30th.

CORE Acknowledgements Virginia Department of Agriculture and Consumer Services Photographs & Illustrations from: Maryland Department. of Agriculture, Virginia Tech Pesticide Programs North Carolina Department of Agriculture and Consumer Services Virginia Department of Agriculture & Consumer Services Armed Forces Pest Management Board This presentation was originally authored by Ed Crow of the Maryland Department of Agriculture Pesticide Regulation Section and adapted by staff of the Virginia Department of Agriculture and Consumer Services for use in Virginia. Graphics were provided by the following sources: Maryland Department of Agriculture, Virginia Tech Pesticide Programs, North Carolina Department of Agriculture and Consumer Services, the Armed Forces Pest Management Board and staff photos from VDACS.