Title 3.2, Title 3.2. Agriculture, Animal Care, and Food

Any person desiring to pack, mark, sell, or offer for sale any agricultural product under any grade, trademark, brand, or other markings relating to grade, quality or size, not established and adopted by the Commissioner, may file with the Commissioner a certificate describing th…

This article shall not prevent the use of any trademark or brand not established and adopted, or not approved by the Commissioner, on or in connection with any agricultural product, if, as a part of such trademark or brand, or immediately adjacent thereto, there is printed in let…

The Commissioner shall enforce the provisions of this article and is empowered to: 1. Enter and inspect every place where agricultural products are produced, packed, stored for sale, shipped, delivered for shipment, in transit or offered for sale; and to inspect such places and a…

When any agricultural product is in transit, delivered to a common carrier for shipment, or delivered for storage, such transit or delivery shall be prima facie evidence that the product is offered for sale.

It is unlawful to use: 1. Any grade, trademark, brand, or other markings established and adopted by the Commissioner on or in connection with marking any agricultural product that is not in accordance with regulations established and adopted by the Commissioner. 2. Any grade, tra…

It is unlawful, except with the consent of the original packer, or in compliance with the regulations, for any person to remove from any agricultural product any markings that meet the requirements of this article relating to grade, classification, quality, condition, size, varie…

Any person who violates any of the provisions of this article is guilty of a Class 3 misdemeanor.

No person shall be convicted under the provisions of this article if: 1. The person is not a party to the packing, grading, or marking of such product; or 2. The agricultural product has passed inspection by an authorized inspector in the voluntary inspection service of the Depar…

As used in this article, unless the context requires a different meaning: "Agricultural and food product" means any horticultural, viticulture, dairy, livestock, poultry, bee, other farm or garden product, fish or fishery product, and other foods. "Continuous official inspection"…

The Commissioner may use an outline of Virginia impressed upon the labels, tags, seals, or containers of any agricultural or food product that has been subject to the continuous official inspection service indicating that the product is of such quality and description as shown on…

In any instance when an authorized department, agent or officer of the United States collaborates with the Department in the inspection of any agricultural or food product, the Virginia Quality Label may, with the consent of the appropriate department, agency or officer of the Un…

The Department may prepare labels, tags and seals impressed with the Virginia Quality Label and the shield of the United States. The Department may furnish the labels, tags, and seals at reasonable prices to any producer, processor, packer, or dresser whose agricultural and food …

The Commissioner may adopt regulations that permit any producer, processor, packer, or dresser to make or prepare, or to cause to be made or prepared, the labels, tags, or seals to be placed on his own product, or to print, stamp, or otherwise place or cause to be placed the Virg…

There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Quality Label Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Moneys in the Fund shall be used solely for the purposes s…

A. Any circuit court in the Commonwealth shall have jurisdiction to enjoin the use of the Virginia Quality Label, a label with the shield of the United States, or any imitation or counterfeit likeness used in violation of this article. B. The Commissioner may apply for and an app…

Every certificate relating to the analysis, grade, classification, quality, or condition of agricultural products, either raw or processed, that is issued: (i) under this article; (ii) in cooperation between federal and state authorities, agencies, or organizations pursuant to a …

It is unlawful to use the Virginia Quality Label or a label with the shield of the United States, except in accordance with regulations prescribed by the Commissioner, and in no case shall it be used upon the label, tag, seal, or container of the product of any farm, factory, mil…

A. It is unlawful for any person: 1. To use the Virginia Quality Label or a label with the shield of the United States in violation of any provisions of this article; 2. To use, with the intent to mislead or deceive, any imitation or counterfeit likeness of the Virginia Quality L…

As used in this article, unless the context requires a different meaning: "Grain" means corn (maize), wheat, rye, oats, barley, flaxseed, soybeans, and such other grains as the usages of the trade may warrant and permit. "Handler" means a person who buys grain for resale as grain…

The Commissioner may require all handlers to register on forms prepared for that purpose. Such forms shall require the handler to state his name, address, and the county or city where he shall weigh and grade grain.

The Board may adopt regulations relating to the handling of grain in the Commonwealth, including: 1. The weighing devices, approved under the Virginia Weights and Measures Law (§ 3.2-5600 et seq.) and the procedures employed to give accurate weights. 2. The grading equipment that…

All persons before operating as a handler in the Commonwealth shall register with the Commissioner.

It is unlawful to buy grain for resale as grain or grain products unless bought by a handler registered by the Commissioner.

Any person who violates any of the provisions of this article or regulations established by the Board hereunder is guilty of a Class 1 misdemeanor.