Does Virginia law require pesticide applicators to notify the public prior to an application?
Do Virginia pesticide laws and regulations include a notification requirement?
The regulations sometimes referred to as notification laws for Virginia pesticide applicators are actually tenant protection regulations and do not relate to the certification or regulation of pesticide applicators. They are specific to pesticide application in structures and are enforced on landlords, associations, and property owners. They require these entities to notify tenants of pending pesticide applications. They do not direct or enforce notification on pesticide applicators. It is the responsibility of a landlord to notify tenants of a pesticide application and work with a contract applicator to conduct their business accordingly. Virginia does not require notification by pesticide applicators for any type of application or site, except where required by label directions. Applicators are reminded that any use inconsistent with a pesticide label is considered a violation of state and federal laws.
The tenant protection rules cited below are part of a set of uniform guidelines (similar to uniform building codes) that fall under local jurisdiction and to common community boards such as condominium associations to enforce. In most cases it appears that local violations would be enforced by local entities, similar to a violation of building code where it would be enforced by a local building inspector. No state agency would initially enforce the law unless the local jurisdiction couldn't enforce them.
Pesticide Notification Requirements
While there are no pesticide notification requirements in either the Pesticide Control Act or the various regulations promulgated under the Act, other Virginia laws have pesticide notification requirements related to multi-family or multi-unit dwellings. Specifically, pesticide notification is required under the Condominium Act (§ 55-79.80:01 of the Code of Virginia), Virginia Real Estate Cooperative Act (§ 55-464.1 of the Code), the Virginia Residential Landlord and Tenant Act (§ 55-248.13:3 of the Code) and the Property Owners Association Act (§ 55-510.3 of the Code). These laws are not administered by OPS and we are unable to provide any interpretations or information regarding compliance with any of the requirements of these laws. Issues or concerns related to notification requirements prior to the application of pesticides should be addressed with the property owners’ association or the management company responsible for the common areas where the application will occur. When in doubt, you should consider seeking qualified legal advice.