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2008 SESSION

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CHAPTER 686 An Act to amend the Code of Virginia by adding a section numbered 3.1-106.4:2, relating to applying fertilizer to nonagricultural property; civil penalty. [S 135] Approved March 27, 2008

 

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 3.1-106.4:2 as follows:

§ 3.1-106.4:2. Board authorized to adopt regulations for the application of regulated products to nonagricultural property; civil penalty.

A. The Board shall adopt regulations to certify the competence of contractor-applicators and licensees who apply any regulated product to nonagricultural lands. The regulations shall establish (i) training requirements and (ii) proper nutrient management practices in accordance with § 10.1-104.2, and including soil analysis techniques, equipment calibration, and the timing of the application.

B. The Board may impose a civil penalty of up to $250 on any contractor-applicator or licensee who fails to comply with the regulations. The amount of the civil penalty shall be paid into the special fund established in § 3.1-106.22.

C. The Board shall form a technical advisory committee of stakeholders. The Board shall consult with the technical advisory committee of stakeholders and the Department of Conservation and Recreation in the development of the regulations.

D. Contractor-applicators and licensees who apply any regulated product to nonagricultural lands shall comply with the regulations within 12 months of the effective date of the regulations.

2.  That the Commissioner of Agriculture and Consumer Services shall report the status of the regulations and the implementation of the program to the Chairmen of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by July 1, 2009, and each succeeding year until the regulations have been adopted and the program has been implemented.