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2023 SESSION

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23102786D
HOUSE BILL NO. 1548 Offered January 11, 2023 Prefiled January 5, 2023 A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 39 of Title 3.2 a section numbered 3.2-3934.1, relating to aerial pesticide application; civil penalty. ---------- Patrons-- Campbell, J.L. and Kory ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 3 of Chapter 39 of Title 3.2 a section numbered 3.2-3934.1 as follows:

§ 3.2-3934.1. Aerial pesticide application; civil penalty.

A. Any commercial applicator or private applicator who uses fixed-wing or rotary-wing aircraft for the aerial application of pesticides to any lands lying west of the Blue Ridge Mountains shall submit the following information to the Commissioner no less than seven days prior to such application: (i) the location of such proposed application, (ii) the date and time of such proposed application, and (iii) the brand name or common product name of the pesticide to be used in such proposed application.

B. Any commercial applicator or private applicator who violates the provisions of this section is subject to a civil penalty of $500 for a first offense and $2,500 for each additional offense. Such penalty shall be collected by the Department and the proceeds shall be deposited into the Pesticide Control Fund established in § 3.2-3912.