2006 Code of Virginia § 3.1-249.53 - Agencies or persons exempt or partially exempt

3.1-249.53. Agencies or persons exempt or partially exempt.

A. All state agencies, municipal corporations or other governmental agenciesshall be subject to the provisions of this article and regulations adoptedthereunder concerning the application of pesticides. These agencies shall beexempt from any certification fees prescribed by this article.

B. Individuals, employees or representatives certified pursuant to thissection shall be certified as commercial applicators or registeredtechnicians for the use of pesticides covered by the applicant'scertification. The certification of such individual shall be valid only whenapplying or supervising application of pesticides used by such governmentalagencies.

C. The provisions of this article, except those contained in subsection A of 3.1-249.56, shall not apply to (i) persons conducting laboratory researchinvolving restricted use pesticides; (ii) doctors of medicine or doctors ofveterinary medicine applying pesticides as drugs or medication, or to controlpests in corpses during the normal course of their practice; (iii) providersof janitorial, cleaning, or sanitizing services if the providers use nopesticides other than nonrestricted use sanitizers, disinfectants, andgermicides; (iv) persons who apply paints containing pesticides, providedthat the pesticides in the paints are not restricted use pesticides; (v)classes of persons, specified by regulations of the Board, who, by virtue oftheir experience and knowledge regarding the safe use of pesticides, can useor supervise the use of pesticides with minimal risk to the public health andsafety; and (vi) classes of persons, specified by regulations of the Board,whose use or supervision of the use of pesticides, by virtue of the nature ofthe pesticides used or method of application of the pesticides, can beaccomplished with minimal risk to the public health and safety.

D. A painter who applies restricted-use marine antifoulent paint only underthe direct, on-site supervision of a commercial applicator, is not requiredto be a commercial applicator or a registered technician. For the purposes ofthis subsection, one commercial applicator shall provide on-site supervisionfor no more than eight paint applicators.

E. Neither the provisions of subsection A of 3.1-249.52 nor regulationsadopted pursuant to this chapter shall require the certification of anyperson as a commercial applicator who, as part of his job duties only onproperty owned or leased by his employer, uses or supervises the use of anypesticide that is not a restricted use pesticide. However, this exemptiondoes not apply to (i) any person who uses or supervises the use of anypesticide on any area open to the general public at the followingestablishments: educational institutions, health care facilities, day-carefacilities, and convalescent facilities; (ii) any person who uses orsupervises the use of any pesticide within any area where open food isstored, processed or sold at any establishment; (iii) any person who uses orsupervises the use of any pesticide on any recreational land over five acresin size; and (iv) any person otherwise specifically required by this articleto be certified as a commercial applicator.

(1975, c. 377, 3.1-249.5; 1989, c. 575; 1993, c. 773; 1995, c. 103.)