The penalties provided for violations of subsection A of § 3.2-3939 and § 3.2-3940 shall not apply to:
1. Any carrier transporting pesticides if such carrier permits the Commissioner to copy all records showing the transactions in and movements of the pesticides upon request;
2. Public officials of the Commonwealth and the federal government engaged in the performance of their official duties;
3. Individuals or agencies authorized by law to conduct research in the field of pesticides when such research is conducted in accordance with regulations established by the Board; and
4. Any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom he purchased and received in good faith the pesticide in the same unbroken package, to the effect that the pesticide was lawfully registered at the time of sale and delivery to him, and that it complies with the other requirements of this chapter, designating this chapter. In such case the guarantor shall be subject to the penalties that would otherwise attach to the person holding the guaranty under the provisions of this chapter.
Code 1950, § 3-208.44; 1966, c. 702, § 3.1-246; 1981, c. 260; 1989, c. 575, § 3.1-249.74; 2008, c. 860.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 39 - Pesticide Control
§ 3.2-3904. Powers and duties of the Board
§ 3.2-3906. Board to adopt regulations
§ 3.2-3907. Delegation of authority; exclusive authority to regulate
§ 3.2-3908. Protection of trade secrets and other information
§ 3.2-3909. Reports of pesticide accidents and incidents
§ 3.2-3910. Complaints to Commissioner or the Board
§ 3.2-3911. Damages resulting from pesticide use or application
§ 3.2-3912. Pesticide Control Fund established
§ 3.2-3913. Exclusion of medicinal and toilet preparations
§ 3.2-3914. Registration required
§ 3.2-3915. Products registered under Federal Act
§ 3.2-3916. Products registered as single pesticide
§ 3.2-3917. Change in labeling or formulas without reregistration
§ 3.2-3918. Statement to be filed by registrant
§ 3.2-3919. Each brand or grade to be registered; fees
§ 3.2-3920. Submission of complete formula
§ 3.2-3921. Requirements for registration
§ 3.2-3922. When Commissioner may refuse or cancel registration
§ 3.2-3923. When Board may refuse or cancel registration
§ 3.2-3924. Annual business license required
§ 3.2-3927. Evidence of financial responsibility required of licensed pesticide business
§ 3.2-3928. Licensing of pesticide bulk storage facilities
§ 3.2-3929. Restricted use pesticides prohibited; exceptions; training required
§ 3.2-3930. Application and certification of commercial applicators
§ 3.2-3931. Agencies or persons exempt or partially exempt
§ 3.2-3932. Application and certification of private applicators
§ 3.2-3933. Certificate renewals; late fee for delinquent renewals; reexamination
§ 3.2-3934. Reciprocal agreement
§ 3.2-3936. Sale and application of tributyltin compounds
§ 3.2-3937. Educational programs
§ 3.2-3938. Misbranded pesticides
§ 3.2-3939. Violations generally
§ 3.2-3940. Administrative violations
§ 3.2-3941. Exemptions from penalties
§ 3.2-3942. Right of entry; warrant requirements; procedure
§ 3.2-3943. Civil penalties; procedure
§ 3.2-3944. "Stop-sale or removal" orders; "stop-use" orders; judicial review
§ 3.2-3945. Seizure, condemnation, and sale