Virginia Administrative Code

All potatoes shipped into Virginia for seed must be certified according to the regulations established by the officially recognized certifying agency in the state, province of Canada, or the government of a foreign country wherein said seed potatoes were produced provided such se…

The Commissioner of Agriculture and Consumer Services or his duly authorized agents shall have the right to draw a reasonable sample from any lot of seed potatoes for the purpose of inspection and observation by the personnel of the Eastern Shore Agricultural Experiment Station. …

A certificate of inspection shall be issued by the Commissioner of Agriculture and Consumer Services or his duly authorized agents at the time of inspection if all requirements of the Virginia Seed Potato Standards (Article 3 (§ 3.2-1816 et seq.) of Chapter 18 of the Code of Virg…

The following tolerances will be allowed on examination by Virginia inspectors: Spindle Tuber 1.0% Late Blight 1.0% Ring Rot 0.0% Fusarium Dry Rot 4.0% Black Leg 1.0% Fusarium Wilt 1.0% Net Necrosis 1.0% Scab and Rhizoctonia same as U.S. No. 1 tolerance Statutory Authority§ 3.2-1…

The chairman of the Potato Board may appoint an advisory review committee comprised of three members of the board to evaluate circumstances involved in any differences of opinion regarding any lot of seed potatoes inspected. This committee shall make recommendations to the Commis…

The following words and terms, when used in 2VAC5-310-30 of this chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Carefully hand-picked" means that the apples do not show evidence of rough handling or of having been on the ground. "Clean…

The United States Standards for Grades of Apples and all of its amendments are hereby adopted as standards for this state. All apples packed under these standards shall meet their requirements and shall be so labeled. (7 CFR §§ 51-300 through 51-323 United States Standards for Gr…

The following standards are established in addition to the United States Standards adopted in 2 VAC5-310-20. A. Grades. 1. Virginia Extra Fancy. Virginia Extra Fancy consists of apples of one variety which are mature but not further advanced in maturity than firm ripe, carefully …

Inspector's Guide for Apple Bruises at Shipping Point And Market (Areas based on apples 3 inches in diameter, 88-125 size) When exceeding the following allowances, report as injury, damage or serious damage, respectively. Allow in VA Extra Fancy Allow in VA Fancy Allow in Domesti…

Statutory Authority§ 3.2-4501 of the Code of Virginia.

A quarantine is hereby established to restrict the movement of certain articles capable of transporting the imported fire ant into unregulated areas of the state unless such articles comply with the conditions specified herein.Statutory Authority§§ 3.2-703 and 3.2-704 of the Code…

A. During the intrastate movement, a certificate or limited permit must be attached at all times to the outside of the container that contains the regulated article or to the regulated article itself. The requirements of this section may also be met by attaching the certificate o…

Upon presentation of official credentials, an inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of or require disposal of regulated articles as provided in the Virginia Pest Law. Statutory Authority§§ 3.2-703 and 3.2-704 of the Code of Virgi…

The department shall not be liable for any costs incurred by third parties whose costs result from, or are incidental to, inspections required under the provisions of the quarantine. Statutory Authority§§ 3.2-703 and 3.2-704 of the Code of Virginia.

This regulation may be revoked by the board when such party is satisfied that the need for this quarantine no longer exists. Such revocation shall take place upon the date specified by the board in the order that revokes this regulation. Statutory Authority§§ 3.2-703 and 3.2-704 …

The imported fire ant is an introduced species that is notorious for its aggressive behavior, ferocious sting, and the damage it causes to several agricultural commodities. The imported fire ant has become established in portions of the Commonwealth, and has the potential to spre…

The following words and terms shall have the following meanings unless the context clearly indicates otherwise: "Board" means the Virginia Board of Agriculture and Consumer Services. "Certificate" means a document issued by an inspector or person operating in accordance with a co…

The following articles are regulated under the provisions of this quarantine and shall not be moved out of any regulated area in Virginia, except in compliance with the conditions prescribed in this quarantine: 1. Any life stage of imported fire ant. 2. Soil, except potting soil …

The following areas in Virginia are quarantined for imported fire ant: The entire counties of: Brunswick Charlotte Chesterfield Dinwiddie Greensville Halifax Isle of Wight James City Lee Lunenburg Mecklenburg Nottoway Pittsylvania Prince George Southampton Surry Sussex York The e…

A. Movement within regulated areas - movement of a regulated article solely within the quarantined areas is allowed without restriction. B. Movement from regulated areas to nonregulated areas - movement of a regulated article that originates from within the quarantined areas to a…

A. Certificates and limited permits may be issued by an inspector for the movement of regulated articles to any destination within Virginia when: 1. The regulated articles have been examined by the inspector and found to be apparently free of the imported fire ant; 2. The regulat…

A. Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person understands that person's requirements and obligations under this quarantine. The agreement shall stipulate safeguards that …

A. Any person, other than a person authorized to issue certificates under 2VAC5-315-70, who desires to move a regulated article intrastate and is seeking a certificate or limited permit shall apply for inspection of the regulated article as far in advance as practical, but no les…

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The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Board" means the Virginia Board of Agriculture and Consumer Services. "Business day" means a day that is not a Saturday, Sunday, or legal hol…

A. The commissioner shall establish a Noxious Weeds Advisory Committee for the purpose of assisting the department in the evaluation and risk-assessment of plants that may be declared noxious weeds in 2VAC5-317-20. The committee may also consider the delisting of plants that were…

A. The following plants are hereby declared Tier 1 noxious weeds: 1. Salvinia molesta, Giant salvinia. 2. Solanum viarum, Tropical soda apple. 3. Heracleum mantegazzianum, Giant hogweed. B. The following plants are hereby declared Tier 2 noxious weeds: 1. Imperata cylindrica, Cog…

The movement of a regulated article is prohibited unless accompanied by a valid certificate or permit.Statutory Authority§ 3.2-802 of the Code of Virginia.

A. A certificate or a permit may be issued by the commissioner for the movement of a regulated article into, within, or out of the Commonwealth when the regulated article meets the following three conditions: 1. The regulated article is to be moved: a. To a specified destination …

A. Any person who desires to move a regulated article and who is required to have a permit for such movement shall apply for a permit as far in advance as practical but no fewer than five business days before the regulated article is to be moved. B. The regulated article must be …

A. A certificate or permit required for the movement of a regulated article into, within, or out of the Commonwealth must be attached at all times during the movement to the outside of the container that contains the regulated article or to the regulated article itself. The requi…

Upon presentation of official credentials, an inspector is authorized to stop and inspect and to seize, destroy, or otherwise dispose of or require disposal of regulated articles in accordance with the provisions of the Noxious Weeds Law. Statutory Authority§ 3.2-802 of the Code …

The commissioner may conduct eradication or suppression activities to prevent the dissemination of a Tier 1 or Tier 2 noxious weed. Eradication or suppression activities may include the following: destruction, seizure, stop sale, stop delivery, treatment, or ordering the regulate…

The department shall not be liable for costs incurred by third parties resulting from, or incidental to, inspections required under the provisions of this chapter. Statutory Authority§ 3.2-802 of the Code of Virginia.

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