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Virginia Pesticide Business License

A Pesticide Business License is required of any person or business operating in Virginia which, in exchange for compensation, sells, stores, distributes, mixes, applies or recommends the use of pesticides. Each separate outlet or location of a business shall be licensed. This special license is required by the Commonwealth of Virginia's "Regulations Governing Licensing of Pesticide Businesses Operating Under Authority of the Virginia Pesticide Control Act". A Pesticide Business License does not replace any required municipal business license.

Exemptions

The following persons or businesses are exempt from the Pesticide Business License requirement:
  1. Businesses which sell pesticides wholesale only to other wholesalers or retailers, and not to any end users.
  2. Businesses, wholesale or retail, that sell less than $50,000 wholesale cost per year of general use pesticides primarily or exclusively labeled for use by homeowners.
    (Businesses selling restricted-use pesticides, regardless of sales volume, do not qualify under this exemption.)
  3. Federal, State and Local governmental agencies and employees.
    (Governmental employees are exempt from licensing for only those duties they perform in an official capacity as federal, state or local government employees.)
  4. Certified Applicators - Not for Hire who use or supervise the use of pesticides as part of their job duties but do so only on property owned or leased or under the control of (such as right-of-way property) themselves or their employer.
    (Examples of persons designated as Certified Applicators - Not for Hire include pesticide users such as employees of golf courses and persons employed by the management of schools or healthcare facilities.
  5. Janitorial, cleaning and/or sanitizing services that use no pesticide other than disinfectants, germicides and sanitizers.
  6. Sales personnel of a licensed pesticide business; company training, technical and sales representatives certified in the research and demonstration pesticide applicator category.
  7. Wood treaters not for hire.
  8. Seed treaters not for hire.
  9. Agricultural producers*.


*Please note that agricultural producers who also store, sell, recommend or apply pesticides for compensation need a business license for their pesticide-related commercial activities. However, they do not need one for the farm operation.


Application Procedures

Applications for a Virginia Pesticide Business License should be made to
Virginia Department of Agriculture and Consumer Services, P. O. Box 526, Richmond, VA 23218-0526. Each application must include:

  1. Complete Application for Virginia Pesticide Business License form
  2. Certificate of Insurance
  3. Annual fee ($50.00)

 

One application is needed for each business outlet or location.


Examination Requirement

Each applicant or an employee shall demonstrate his/her knowledge of pesticide management, storage and handling by passing a written examination prior to being issued a Virginia Pesticide Business License. If the applicant or one of his/her employees is a currently certified commercial applicator, the examination requirement is waived.


Expiration and Renewal

All Virginia Pesticide Business Licenses expire March 31 of each year. To keep a pesticide business license in force, a completed renewal application form and annual fee must be received by VDACS on or before the close of business March 31 of each year. A penalty (20% in addition to the annual fee) shall be charged for renewal of applications received after March 31 of each year.


Certified Commercial Applicator on Premise

All licensed pesticide business locations or outlets that sell or distribute restricted use pesticides must have a certified commercial applicator present during business operations. This certified applicator should be available at all times and responsible for providing information and instruction on the correct and safe use, transportation, storage and disposal of restricted use pesticides. Each business shall notify VDACS of the name and certification number of the certified applicator(s) assigned to each business location or outlet. In addition, each business must notify VDACS promptly of any changes in certified commercial applicator assignments made during the licensing period.


Commercial Pesticide Applicators - For Hire

Any person mixing or applying any pesticide commercially for hire in Virginia shall either:
  • obtain a valid Virginia Pesticide Business License, or
  • be employed by a currently-licensed pesticide business.

 

Please note: possession of a valid Virginia Pesticide Business License does not authorize the holder to apply pesticides commercially; the pesticide business license is not a substitute for commercial applicator certification. Possession of a Virginia Pesticide Business License does not allow a reduction of the annual fee necessary for renewal of commercial applicator certificates.


Pesticide Storage and Handling

Please contact your local Extension office or VDACS for the latest information.


Pesticide Business License Requirement for Pest Management Consultants

Persons or businesses that recommend, in exchange for compensation, any pesticide for use in Virginia must obtain a valid Virginia Pesticide Business License. In addition, pest management consultants must be certified in the specific category or subcategory pertinent to his/her recommendations prior to being issued a business license.


Recordkeeping

Pesticide businesses must maintain all records required by this regulation for two years.

 

Pesticide businesses selling restricted use pesticides must maintain a record of each sale of a restricted use product. Sales records shall include:

  1. Identification of buyer/receiver: name, address, certified applicator permit number or pesticide business license permit number, and certificate or license expiration date;
  2. Date of sale;
  3. Identification of pesticide: brand name and EPA registration number;
  4. Quantity of pesticide sold or delivered.

 

Commercial applicators must maintain records of all applications of restricted use pesticides. See Commercial Applicator Recordkeeping Requirements for information on maintaining records.

 

Records mandated by regulation must, upon written request, be made available for inspection by a representative of VDACS/OPS.

 

Evidence of Financial Responsibility

Prior to being issued a Virginia Pesticide Business License, a person or business must furnish evidence of financial responsibility in the form of a liability insurance policy. This policy must protect persons who may suffer legal damages as the result of pesticide use associated with the applicant's business. Minimum coverage = $100,000 property damage and $100,000 personal injury (per person) and $300,000 per occurrence.

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