The VACPA would like to express some concerns about the proposed changes to the above regulation. While the requirement to begin recording all general use as well as restricted use pesticides does not generate concern among our membership, since most of our members already do this, there is other language in the proposed changes that we find confusing. We ask the Pesticide Control Board and the Office of Pesticide Services to review these changes to add clarity to the following issues:

Under chapter 40-part 1-Definition of terms (2VAC20-40) does a "pesticide business" include the residence for a crop consultant or salesperson that advises on the use of pesticides, but does not work for an entity that maintains a pesticide business license in the Commonwealth? Also, would a person that operates as a "farmer dealer" selling seed products that contain an EPA registered pesticide either genetically or as a seed coating, be considered a "pesticide business"? If so, would all be required to maintain a pesticide business license?

Also under definitions, is a "farmer-dealer" that sells and recommends the use of a seed product that contains EPA registered pesticide either genetically or as a treatment, considered a "pesticide management consultant" and what licenses would that person be required to maintain?

Finally, does a pesticide management consultant have to have a   commercial applicator license to recommend the use of a general use pesticide?