Title 7 — Agriculture
9 chapters · 77 sections in this title.
7 V.I.C. § 1 Short title
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This chapter may be cited as the Sustainable Farming Act.
7 V.I.C. § 10 Licenses, certificates, registrations, permits
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The Department of Licensing and Consumer Affairs shall issue, modify, suspend and revoke licenses, certificates and registrations for the use of agricultural resources and the Department of Health shall issue, modify, suspend and revoke permits, certificates and registrations of …
7 V.I.C. § 11 Prohibition of development and exclusive use
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All VICORP land is prohibited from development and shall be used exclusively for agricultural purposes.
7 V.I.C. § 12 Fiscal duties—expenditures
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With the exception of the Sustainable Agricultural Revolving Fund, no appropriations may be made from the Department of Agriculture's annual budget.
7 V.I.C. § 13 Interdepartmental expenses
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(a) The Commissioner may charge any departments, bureau, division, board, or other government agency that is supported by the appropriations from the General Fund its proportionate share of the administrative expenses of the Department, or an amount that reasonably compensates th…
7 V.I.C. § 14 Fees
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Pursuant to title 3 Virgin Islands Code § 935, the Commissioner shall promulgate rules and regulations establishing fees in accordance with this chapter. All fees implemented under the regulations must be published in a newspaper of general circulation twice per week for at least…
7 V.I.C. § 15 Refund of fees; collection
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(a) The Commissioner may, in whole or in part, refund money paid as fees in any of the following instances:(1) The payer requests a refund of a fee before any examination or inspection has been performed or service rendered by the Department.(2) The payment of the fee, assessment…
7 V.I.C. § 16 Promotion of the agricultural industry
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(a) The Department of Agriculture in an effort to promote sustainable agriculture shall collaborate with the Department of Education and the Board of Education to incorporate agricultural science courses in the curriculum at all grade levels, including kindergarten, by:(1) provid…
7 V.I.C. § 17 Homesteading/housing on public farmland
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(a) The Commissioner shall allow the lease holder of government property leased to farmers to construct a wooden structure or to put a trailer upon the leased premises. The Commissioner may not allow any masonry or similar type structure to be constructed on Government-leased far…
7 V.I.C. § 18 Restatement of the law
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The provisions of this chapter, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new enactments. The enactment of this chapter does not impair any privilege granted or right acquired under any laws of the Virg…
7 V.I.C. § 19 Penalties
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(a) Any person who willfully fails to make a report, as required in § 6 of this chapter, or willfully makes a false report shall have their license or farm registration suspended, and a new license or registration may not be issued until the report is made or a true report is fil…
7 V.I.C. § 2 Definitions
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(a) In this chapter, unless the context clearly indicates otherwise, the following words, terms, and phrases have the following meanings:(a) “Agricultural products” means fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, (fish), trees, poultry, eggs, meat, and d…
7 V.I.C. § 20 Prosecution of violators; Attorney General
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The Attorney General shall prosecute all offenses committed in violation of this chapter.
7 V.I.C. § 25 Julie Mango
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(a) The Julie Mango is the fruit of choice of the Virgin Islands. (b) In collaboration with the Agriculture Department and our local farmers, the University of the Virgin Islands shall host annual workshops and demonstrations on mango production and marketing. (c) The Department …
7 V.I.C. § 26 Short title
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This subchapter may be cited as the Supplemental Nutrition Assistance Program Fresh Food Access and Farmers’ Market Technology Improvement Program Act.
7 V.I.C. § 27 Definitions
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As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application, or meaning: “Farmers’ market” means a nontraditional fresh food market, licensed by the United States Department of Agriculture’s Food and Nutrition Service …
7 V.I.C. § 28 SNAP Fresh Food Farmers’ Market Technology Improvement Program
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The Department of Human Services and the Department of Agriculture shall implement a SNAP Fresh Food Access and Farmers’ Market Technology Improvement Program. The purpose of the Program is to increase access to fresh fruits and vegetables and other eligible food products, includ…
7 V.I.C. § 29 Implementation of regulations
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The Department of Human Services, after consultation with the Department of Agriculture and the Public Finance Authority, shall adopt and promulgate necessary regulations governing the SNAP Fresh Food Access and Farmers’ Market Technology Improvement Program and shall implement t…
7 V.I.C. § 29a Local Food and Farm Council
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(a) A Local Food and Farm Council is established within the University of the Virgin Islands for budgetary purposes only. The Local Food and Farm Council is composed of 11 members, with each nongovernmental member serving a three-year term. A member may serve until the member’s s…
7 V.I.C. § 3 Legislative purpose
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(a) The purpose of this chapter is to promote and protect the agricultural industry of the Virgin Islands, to include the protection of prime agricultural farmland necessary to promote and protect the public health, safety and welfare of the people of the Virgin Islands. (b) Flor…
7 V.I.C. § 4 Horticulture crops, nurseries, seeds/seedlings, livestock banks
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(a) Horticulture crops produced by nurseries are considered “growing agricultural crops” for the purposes of this chapter. (b) For the purposes of this chapter, a nursery where the primary activity is planned production of horticultural crops is a farm. However, a retail nursery …
7 V.I.C. § 5 Purchase of equipment and supplies for farmers
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(a) The Commissioner of Agriculture shall purchase and make available to agriculturists throughout the territory, by sale or on a rental basis, such items of equipment and supplies that, in the Commissioner's discretion, will promote the farming industry and assist the farmers in…
7 V.I.C. § 6 Responsibilities and requirements
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(a) Every licensed farmer shall file a 1040 tax form, including a schedule F tax form whether or not he earned the income. A certified copy of the form or tax clearance letter must be presented with license renewal application each year. No farming license or certification may be…
7 V.I.C. § 7 Land management: organic materials recycling program
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(a) The Department of Agriculture, in collaboration with the UVI Cooperative Extension Service, in conjunction with the University of the Virgin Islands, the Department of Planning and Natural Resources and the Waste Management Authority, must provide training on how to establish…
7 V.I.C. § 8 When agricultural operations do not constitute nuisance
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(a) No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the Territory. The provisions of thi…
7 V.I.C. § 9 Administration
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(a) The Commissioner shall:(a) Identify, preserve, advise for the purchase and manage all public agricultural resources and agricultural-zoned lands in the territory for the development of a sustainable agriculture industry;(b) Encourage and assist the people of the Virgin Island…
7 V.I.C. § 30 Council established; membership; powers and duties
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(a) There is created within the Department of Agriculture an Agriculture in the Classroom Council (hereinafter referred to as “the Council”), to be composed of three (3) members. The three (3) member of the Council shall be the Commissioner of the Department of Agriculture or the…
7 V.I.C. § 41 Declaration of policy
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It is declared to be the policy of the Legislature to provide for the conservation and development of the soil, water and other natural resources of the United States Virgin Islands, including, but not limited to the prevention and control of soil erosion, the prevention of flood…
7 V.I.C. § 42 Definitions
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(1) Wherever used or referred to in sections 41–49 of this title, unless a different meaning clearly appears from the context—(1) “District” means the Virgin Islands Conservation District created by the provisions of sections 41 through 49 of this title.(2) “Board” or “Board of S…
7 V.I.C. § 43 Creation of district; boundaries
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There is established as a public body corporate and politic, to serve as a governmental subdivision and instrumentality of the United States Virgin Islands and to perform the functions conferred upon it in sections 41–49 of this title, the Virgin Islands Conservation District. Th…
7 V.I.C. § 44 Creation of Board of Supervisors
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There is established a Board of Supervisors of the Virgin Islands Conservation District to serve as the governing body of the district and to perform the functions conferred upon the district and the board in sections 41–49 of this title.
7 V.I.C. § 45 Appointment, qualifications, and tenure of the Board of Supervisors
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(a) (1) The Board of Supervisors shall be composed of eleven members. Six shall be “land occupiers” appointed by the Governor and confirmed by the Legislature from a list submitted by the Commissioner of Agriculture in consultation with the Virgin Islands Conservation District. T…
7 V.I.C. § 46 Powers of district and supervisors
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(1) The district and its supervisors shall have the following powers, in addition to others granted in sections 41–49 of this title:(1) to provide for, encourage, and conduct surveys, investigations, and research relating to the conservation and development of soil, water, and re…
7 V.I.C. § 47 Cooperation of government agencies
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Agencies of the Government of the United States Virgin Islands shall cooperate with the district in the effectuation of programs and operations of the district.
7 V.I.C. § 48 Discontinuance of district
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Sections 41–49 of this title shall remain in force and effect for not less than five years after its enactment and for successive periods of five years thereafter, except as amended. At the end of the first five-year period, or any successive five-year period, the Legislature may…
7 V.I.C. § 49 Appropriations authorized
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Such sums as may be required for the use of the Board of Supervisors of the district in carrying out any of the purposes of sections 41–49 of this title shall be provided for by legislative appropriation.
7 V.I.C. § 50b-1 Special Conservation Fund
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The sum of $30,000 is hereby appropriated out of any funds in the Treasury of the United States Virgin Islands fiscal year July 1, 1964, to June 30, 1965, and entered as a special item in the appropriation of the Department of Agriculture and shall be known as the Special Conserv…
7 V.I.C. § 50b-2 Same; administration of Fund; rules and regulations
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The Special Conservation Fund shall be administered in accordance with the rules and regulations of the Commissioner of Agriculture after consultation with representatives of the Area Agricultural Conservation Program.
7 V.I.C. § 50b-3 Same; assistance to farmers; limits; unexpended balances
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An individual farmer eligible for benefits under the Agricultural Conservation Program shall be entitled to receive assistance out of the funds contributed by the Government of the United States Virgin Islands up to such amounts so that the total assistance received under the fed…
7 V.I.C. § 50c Same; appropriations
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There is hereby authorized to be appropriated in the annual budgets of the Department of Agriculture a special item in such amount as the Legislature may deem appropriate as a contribution to the Special Conservation Fund.
7 V.I.C. § 51 Cost-sharing in subsoiling of cropland and pasture land; authority of Government
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The Government of the United States Virgin Islands is authorized to share with farmers in the United States Virgin Islands the cost of subsoiling cropland and pasture land to a depth that will effectively shatter the hardpan to permit better water penetration and increase the wat…
7 V.I.C. § 52 Same; requests by farmers; duties of Board and Commissioner
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Any farmer desirous of obtaining the benefit of Government cost-sharing in subsoiling under sections 51–55 of this title shall submit a request for such through the Board of Supervisors of the Virgin Islands Soil Conservation District. The said Board shall pass upon all such requ…
7 V.I.C. § 53 Same; requirements with respect to subsoiling
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To qualify for cost-sharing, subsoiling must be performed only on land which can be benefited by such practice, and where such subsoiling will aid in the increase of the water table. Subsoiling must be performed to a minimum depth of 14 inches and a maximum spacing interval of 4 …
7 V.I.C. § 54 Same; limitations on cost-sharing
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The sharing of costs hereunder by the Government shall be limited to the rate of $5 for each acre subsoiled, regardless of the number of operations on the same acreage.
7 V.I.C. § 55 Same; administration by, and powers of, Commissioner
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(a) The Commissioner of Agriculture shall administer the provisions of sections 51–54 of this title, and for such purposes is authorized—(a) to cooperate with any other governmental department or agency; and(b) to issue all such rules and regulations necessary to effectuate the p…
7 V.I.C. § 121 Quarantine regulations for plants, seed, or other organic matter
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The Commissioner of Agriculture may issue quarantine regulations to prevent the importation into the United States Virgin Islands of diseased or infected plants, seed or other organic matter, and may issue all necessary regulations for inspection to effect the object herein speci…
7 V.I.C. § 122 Penalty
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Whoever violates any of the regulations issued under section 121 of this title shall be fined not more than $100.
7 V.I.C. § 123 Regulation of plant pests—Policy
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The Legislature hereby finds and declares that it is necessary in the interest of the public health and safety, and the protection of the economic interests of the United States Virgin Islands to prevent the entry of dangerous and destructive plant pests into the territory.
7 V.I.C. § 124 —Inspection; regulations
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(a) All shipments of nursery stock or any material capable of carrying plant pests brought into the United States Virgin Islands shall be subject to inspection by a qualified inspector of the Department of Agriculture.(a) Upon determination of need therefor, additional restrictio…
7 V.I.C. § 151 Acceptance of benefits under federal laws
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(1) The Legislature of the United States Virgin Islands hereby accepts the benefits of the provisions of:(1) The Act of June 7, 1924, ch. 348, 43 Stat. 653, as amended, commonly known as the “Clarke McNary Act”, or any acts amendatory thereof or supplementary thereto; and(2) The …