Applying Pesticides Correctly Virginia Core

1. CORE Applying Pesticides CorrectlyVirginia Core Regulatory Update and Refresher

2. CORE Virginia PesticideLaws & Regulations This module will help you: • Understand key Virginia laws and regulations • Understand the importance of good record keeping

3. 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.

4. 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.

5. 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)

6. 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)

7. Virginia’s Enforcement Program – Business Inspections • License and certification records • Application records • Mixing/loading and storage areas • Application equipment • Personal protective equipment • Disposal practices OPS conducts routine inspections of licensed pesticide businesses, certified applicators and dealers of restricted use pesticides. Inspections include the review of:

8. Virginia’s Enforcement Program – Use Observations • Compliance with directions for use • Pesticides are mixed and loaded properly • Pesticides are applied in accordance with label directions OPS conducts Use Observations to observe actual pesticide applications to ensure:

9. Virginia’s Enforcement Program – Investigations • OPS conducts misuse, incident and consumer complaint investigations

10. General Regulations • 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!

11. 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 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.

12. Service Container Labeling (Diluted/End Use) Containers which are used for the temporary storage or transport of end-use dilutionsor 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.

13. 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.

14. 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.

15. 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.

16. Certification-CommercialNot-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.

17. Certification–CommercialGovernment 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.

18. 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

19. 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

20. 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.

21. 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

22. 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)

23. 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. Certification Process –Private Applicators

24. 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

25. Record Keeping Requirements –Restricted Use Pesticide Sales • 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:

26. 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.

27. 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

28. 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.

29. 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

30. CORE Remember • Follow the label– it’s both state and federal law! • It's the responsibility of all applicatorsto 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.

31. 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)

32. CORE Q2. How long must pesticide application records be maintained? A. 1 year B. 2 years C. 5 years D. Indefinitely

33. CORE Q3. How long is a Private Applicator certificate valid? • 1 year • 2 years • 3 years • 5 years

34. 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

35. 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