3.2-3931 - Agencies or persons exempt or partially exempt.
§ 3.2-3931. Agencies or persons exempt or partially exempt.
A. All state agencies, municipal corporations, or other governmental agenciesshall be exempt from any certification fees prescribed by this article, butremain subject to the provisions of this article and regulations adoptedhereunder concerning the application of pesticides.
B. Individuals, employees, or representatives of such governmental agenciesshall be certified as commercial applicators or registered technicians forthe use of pesticides covered by the applicant's certification. Thecertification shall be valid only when applying or supervising application ofpesticides used by such governmental agencies.
C. The following persons shall be exempt from the provisions of this article:(i) persons conducting laboratory research involving restricted usepesticides; (ii) doctors of medicine or doctors of veterinary medicineapplying pesticides as drugs or medication, or to control pests in corpsesduring the normal course of their practice; (iii) providers of janitorial,cleaning, or sanitizing services if the providers use no pesticides otherthan nonrestricted use sanitizers, disinfectants, and germicides; (iv)persons who apply paints containing pesticides, provided that the pesticidesin the paints are not restricted use pesticides; (v) classes of personsspecified by regulation who can use or supervise the use of pesticides withminimal risk to the public health and safety by virtue of their experienceand knowledge regarding the safe use of pesticides; and (vi) classes ofpersons specified by regulation whose use or supervision of the use ofpesticides can be accomplished with minimal risk to the public health andsafety by virtue of the nature of the pesticides used or method ofapplication of the pesticides.
D. A painter who applies restricted-use marine antifoulant paint only underthe direct, on-site supervision of a commercial applicator is not required tobe a commercial applicator or a registered technician, provided that onecommercial applicator may not provide on-site supervision for more than eightpaint applicators.
E. Neither the provisions of this chapter nor regulations adopted hereundershall require the certification of any person who uses or supervises the useof any pesticide that is not a restricted use pesticide only on propertyowned or leased by his employer as part of his job duties. This exemptionshall not apply to any person who: (i) uses or supervises the use of anypesticide on any area open to the general public at educational institutions,health care facilities, day-care facilities, or convalescent facilities; (ii)uses or supervises the use of any pesticide within any area where open foodis stored, processed, or sold; (iii) uses or supervises the use of anypesticide on any recreational land over five acres in size; and (iv) isotherwise specifically required by this article to be certified as acommercial applicator.
(1975, c. 377, § 3.1-249.5; 1989, c. 575, § 3.1-249.53; 1993, c. 773; 1995,c. 103; 2008, c. 860.)