A. If the examination of laboratory results or other evidence collected during an investigation appears to show a violation of this chapter or any of the regulations issued hereunder, the Commissioner may provide notice of the alleged violation to the registrant, distributor, possessor, licensee, applicator, or other person from whom such evidence was taken. This notice shall not constitute a case decision as defined in § 2.2-4001.
B. It shall be the duty of every attorney for the Commonwealth to whom the Commissioner shall report any violation of this chapter to cause proceedings to be prosecuted without delay.
C. Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. Copies of such warnings shall be reported to the Board.
Code 1950, §§ 3-208.40, 3-208.41, 3-208.43; 1966, c. 702, §§ 3.1-242, 3.1-243, 3.1-245; 1981, c. 260; 1989, c. 575, §§ 3.1-249.71 to 3.1-249.73; 2008, c. 860; 2016, c. 320.
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