West Virginia Code
Article 16A. West Virginia Pesticide Control Act
§19-16A-2. Declaration of Purpose; Legislative Finding

The purpose of this article is to regulate and control pesticides in the public interest, by their registration, use and application. The Legislature finds that pesticides perform a vital function in modern society because they control insects, fungi, nematodes, rodents and other pests which ravage and destroy our food and fiber, which serve as vectors of disease, and which otherwise constitute a nuisance in the environment or the home; they control weeds which compete in the production of foods and fiber, disrupt the supply of energy, render highways unsafe and which otherwise are unwanted elements in our environment; and they regulate plant growth to enhance both the quality and quantity of our food and fiber and to facilitate its harvest. Pesticides, however, may be rendered ineffective, may cause injury to man or may cause unreasonable, adverse effects on the environment if not properly used. They may injure man or animals either by direct poisoning or by the gradual accumulation of pesticide residues in their tissues. Crops or other plants may be affected by their improper use. The misapplication, the drifting or washing of pesticides into streams or lakes may cause appreciable damage to aquatic life. A pesticide applied for the purpose of killing pests in a crop, which is not itself injured by the pesticide, may drift and injure other crops or nontarget organisms with which it comes in contact. Therefore, it is deemed necessary to provide for the control of pesticides.
Nothing in this article shall be construed as permitting municipalities or counties to enact laws or ordinances regarding pesticide control.

Structure West Virginia Code

West Virginia Code

Chapter 19. Agriculture

Article 16A. West Virginia Pesticide Control Act

§19-16A-1. Short Title

§19-16A-2. Declaration of Purpose; Legislative Finding

§19-16A-3. Definitions

§19-16A-4. Powers and Duties of the Commissioner

§19-16A-5. Registration of Pesticides; Fees; Confidentiality of Trade Secrets

§19-16A-6. Refusal or Cancellation of Registration

§19-16A-7. Annual Pesticide Business License

§19-16A-8. Financial Security Requirement for Licensed Pesticide Business

§19-16A-9. Records of Pesticide Businesses

§19-16A-10. Restricted Use Pesticides

§19-16A-11. Application of This Article to Government Entities; Liability

§19-16A-12. Private and Commercial Applicator's License and Certificate; Registered Technician Certificate

§19-16A-13. Renewals

§19-16A-14. Exemptions

§19-16A-15. Reexamination or Special Examinations

§19-16A-16. Employee Training Program

§19-16A-17. Reciprocal Agreement

§19-16A-18. Denial, Suspension or Revocation of License, Permit or Certification; Civil Penalty

§19-16A-19. Pesticide Accidents; Incidents or Loss

§19-16A-20. Legal Recourse of Aggrieved Persons

§19-16A-21. Violations

§19-16A-22. Criminal Penalties; Civil Penalties; Negotiated Agreement

§19-16A-23. Continuation of Pesticide Control Fund in State Treasury; Disposition of Certain Fees to General Revenue Fund

§19-16A-24. Issuance of Subpoenas

§19-16A-25. Right of Commissioner to Enter and Inspect; Enforcement of Article

§19-16A-26. Issuance of Stop-Sale; Use or Renewal Orders; Judicial Review

§19-16A-27. Issuing Warnings