2 Va. Admin. Code § 5-670-100

Current through Register Vol. 41, No. 3, September 23, 2024

Section 2VAC5-670-100 - Enforcement

A. Collection of samples. Samples of pesticides and devices shall be collected by a designated agent. An official representative sample shall be one which is taken by the commissioner or his duly authorized agent. An unbroken original package shall be taken as the official sample where the pesticide is packed in small bottles or small packages. Where the pesticide is packed in large containers, the official sample shall be a portion taken from one original package in a lot.

B. Examination of samples. Methods of sample examination shall be those adopted and published by the Association of Official Analytical Chemists, where applicable, and any other methods necessary to determine if the product complies with the law.

C. Notice of apparent violation.

1. If from an examination or analysis, a pesticide or device appears to be in violation of the law, a written notice shall be sent to the person against whom criminal proceedings are contemplated, giving him an opportunity to offer a written explanation. The notice shall state the manner in which the sample fails to meet the requirements of the law and this chapter.

2. In addition to his reply to the notice, any person may file, within 20 days of receipt of the notice, a written request for an opportunity to present an oral defense.

3. No notice or hearing shall be required prior to the seizure of any pesticide or device.

2 Va. Admin. Code § 5-670-100

Former 2VAC20-20-100, derived from VR115-04-03 § 10, eff. May 28, 1986; amended, Virginia Register Volume 7, Issue 5, eff. January 2, 1991; Volume 7, Issue 24, eff. September 25, 1991; renumbered as 2VAC5-670-100, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Statutory Authority

§ 3.2-3906 of the Code of Virginia.