2VAC20-20-70. Registration.

A. Eligibility. Any manufacturer, packer, seller, distributor, or shipper of a pesticide is eligible as a registrant and may register the pesticide.

B. Procedure for registration. Application for registration should be made on the form provided. Application forms will be furnished upon request to the Virginia Department of Agriculture and Consumer Services, Office of Pesticide Management Services, Post Office Box 1163, Richmond, Virginia 23209 23218. Application should be submitted as far in advance as possible, before the time registration is desired to take effect.

C. Effective date of registration. Registration of a pesticide shall become effective on the date the certificate of registration is issued.

D. Responsibility of a registrant. The registrant is responsible for the accuracy and completeness of all information submitted in connection with his application for registration of a pesticide.

E. Changes in labeling or formula.

1. Changes in the labeling, or formula of a registered pesticide, shall be submitted in advance to the Office of Pesticide Management. The registrant shall describe the exact changes desired and the proposed effective date; and upon request, shall submit a description of tests which justify such changes.

2. After the effective date of a change in labeling or formula, the product shall be marketed only under the new label or formula, except that a reasonable time may be permitted by the commissioner to dispose of properly labeled stocks of old products.

F. Claims shall conform to registration. Claims made for a pesticide shall not differ in substance from representations made in connection with registration, including representations with respect to effectiveness, ingredients, directions for use, or pests against which the product is recommended.

Statutory Authority

§3.1-249.30 of the Code of Virginia.

Historical Notes

Derived from VR115-04-03 §7, eff. May 28, 1986; amended, Virginia Register Volume 7, Issue 5, eff. January 2, 1991; Volume 7, Issue 24, eff. September 25, 1991; amended, Volume 24, Issue 17, eff. June 12, 2008.

2VAC20-20-130. Exemption.

Any pesticide specified in 2VAC20-20-80 of this chapter which is intended solely for use by a textile manufacturer or commercial laundry, cleaner, or dyer as a mothproofing agent, or used in the manufacture or processing or rubber, glue or leather goods, which would not be suitable for such use if colored and which will not come into the hands of the public except when incorporated into a fabric and will not be present in these finished goods in sufficient quantities to cause injury to any person, shall be exempt from the requirements of §3.1-233(4) (Repealed) of the Code of Virginia, and 2VAC20-20-80 of this chapter.

Statutory Authority

§3.1-249.30 of the Code of Virginia.

Historical Notes

Derived from VR115-04-03 §13, eff. May 28, 1986; amended, Virginia Register Volume 7, Issue 5, eff. January 2, 1991; Volume 7, Issue 24, eff. September 25, 1991; amended, Volume 24, Issue 17, eff. June 12, 2008.

2VAC20-20-210. Service container labeling.

Containers other than the original registrant's or manufacturer's containers (§3.1-233(2) (Repealed) of the Code of Virginia notwithstanding) used for the temporary storage or transportation of pesticide concentrates or end-use dilutions, shall bear abbreviated labeling as elaborated below:

PESTICIDE CONCENTRATE

A. If the pesticide to be temporarily stored or transported is a concentrate to be further diluted, the container shall bear a securely attached label with the following information:

1. Product name (brand names from product label);

2. EPA registration number (from product label);

3. Name and percentage of active ingredient(s) from the product label; and

4. Appropriate signal word; i.e., Poison, Danger, Warning, Caution (from product label).

B. The above labeling is required for concentrate service containers, regardless of container type, size, or capacity.

PESTICIDE END-USE DILUTIONS OR END-USE CONCENTRATES

A. If the pesticide to be temporarily stored or transported is to be applied without further dilution, the container shall bear a securely attached label with the following information:

1. Product name (brand name from product label) preceded by the word "Diluted" or "End-Use Concentrate";

2. EPA registration number from concentrate product label;

3. Name of active ingredient(s) and percentage(s) of end-use dilution; and

4. Appropriate signal word: i.e., Poison, Danger, Warning, Caution (from product label).

B. Abbreviated labeling is not required for the following:

1. End-use dilution containers not exceeding three gallons liquid or three pounds dry capacity, when such containers are used as application devices; i.e., hand-held sprayers, dusters, puffers, etc.

2. Containers used by farm supply dealers for the temporary storage or transportation of pesticide concentrate or end-use dilutions, provided that sales invoices or delivery tickets adequately identifying the pesticide(s) accompany each shipment or delivery.

3. On farm concentrate or end-use dilution containers or application equipment used for the temporary storage or transportation of such pesticides for agricultural use.

4. Aircraft-mounted containers used for temporary storage or transportation of concentrate or end-use dilution pesticides, provided that aircraft logs or other documents adequately identifying the pesticide(s) accompany the aircraft.

Statutory Authority

§3.1-249.30 of the Code of Virginia.

Historical Notes

Derived from VR115-04-03 §27, eff. May 28, 1986; amended, Virginia Register Volume 7, Issue 5, eff. January 2, 1991; Volume 7, Issue 24, eff. September 25, 1991; amended, Volume 24, Issue 17, eff. June 12, 2008.

FORMS

Application for Pesticide Product Registration Form, Form VDACS-07208, eff. 10/94 rev. 09/06.