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Virginia Statutes, Title 3.2

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← All Virginia coverage

Title 3.2, Agriculture, Animal Care, and Food

74 chapters · 1,138 sections in this title.

All chapters in Title 3.21,138 Ch 65, Comprehensive Animal Care.131 Ch 47, Sale of Farm Produce.61 Ch 51, Food and Drink.54 Ch 56, Weights and Measures.49 Ch 39, Pesticide Control.44 Ch 60, Livestock and Poultry.44 Ch 52, Milk, Milk Products, and Dairies.34 Ch 36, Fertilizer.28 Ch 40, Seeds.28 Ch 43, Grades, Marks, and Brands.28 Ch 42, Implementation of Tobacco Master Set…26 Ch 32, Milk Commission.25 Ch 54, Slaughterhouses, Meat, and Dressed P…23 Ch 17, Horse Industry Board.22

1,138 sections·Filtered byTitle 3.2✕

Va. Code Ann. § 3.2-3610 Statistical reports
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A. For commercial fertilizer: 1. Any person distributing commercial fertilizer to a nonlicensee shall furnish the Commissioner an annual statistical report showing: a. The county or city of the nonlicensee consignee; b. The amounts (expressed in tons, or decimal portions) of each…
Va. Code Ann. § 3.2-3611 Labeling
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A. The distributor or guarantor of any regulated product distributed in the Commonwealth shall affix a label to the container or provide an invoice at the time of delivery for a bulk regulated product that states in clear, legible and conspicuous form, in the English language, th…
Va. Code Ann. § 3.2-3612 Misbranding
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A. It is unlawful to distribute misbranded regulated product. A regulated product shall be deemed to be misbranded if: 1. It has a label that is false or misleading in any particular; 2. It is distributed under the name of another product; 3. It is not labeled as specified in § 3…
Va. Code Ann. § 3.2-3613 Adulteration
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Showing 351–400 of 1,138

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A. It is unlawful to distribute an adulterated regulated product. A regulated product shall be deemed to be adulterated if: 1. It contains any deleterious or harmful ingredient, in sufficient amount to render it injurious to beneficial plant life, when applied in accordance with …

Va. Code Ann. § 3.2-3614 Commercial value

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For the purpose of determining the commercial value to be applied in making assessments for variance from guarantee, the Commissioner shall determine the values per unit of total nitrogen (N), available phosphate (P205), soluble potash (K20), and micronutrients in fertilizers in …

Va. Code Ann. § 3.2-3615 Plant food deficiency

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A. The Commissioner shall calculate assessments for a deficiency of: (i) total nitrogen (N); (ii) available phosphate (P205); or (iii) soluble potash (K20). If the analysis shows that the fertilizer is deficient: (a) in one or more of the guaranteed primary plant nutrients, beyon…

Va. Code Ann. § 3.2-3616 Assessments for variance from label guarantees

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A. The guarantor shall pay to the consumer all assessments for misbranding, adulteration or plant food deficiency on the lot of regulated product represented by the sample analyzed. The guarantor shall make payment to the consumer within 60 days after the date of notice from the …

Va. Code Ann. § 3.2-3617 Fund established; disposition of fees, assessments, and penalties

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A. There is hereby created in the state treasury a special nonreverting fund to be known as the Feed, Lime, Fertilizer, and Animal Remedies Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Except as otherwise specified, mon…

Va. Code Ann. § 3.2-3618 Inspection, sampling and analysis; penalty

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A. The Commissioner shall: (i) sample, inspect, analyze, and test any regulated product distributed within the Commonwealth; (ii) inspect storage facilities where such regulated product is stored; (iii) monitor and, where the Commissioner deems it necessary, regulate the manufact…

Va. Code Ann. § 3.2-3619 Stop sale, use, removal, or seizure orders; penalty

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A. The Commissioner may issue and enforce a written or printed stop sale, use, removal, or seizure order to the owner or custodian of any lot of regulated product distributed in violation of this chapter. The Commissioner shall release for distribution the regulated product held …

Va. Code Ann. § 3.2-3620 Seizure and condemnation

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The Commissioner may seize any lot of regulated product not in compliance with this chapter. The Commissioner may make application for seizure to an appropriate court in the city or county where such regulated product is located. In the event that the court finds such regulated p…

Va. Code Ann. § 3.2-3621 Cancellation of registration, permit, or license

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A. The Commissioner may: (i) cancel the license or permit of any person; (ii) cancel the registration of any brand of regulated product; or (iii) refuse to register any brand of regulated product, or issue any license. The Commissioner shall cancel or refuse a license or registra…

Va. Code Ann. § 3.2-3622 Commissioner's actions; injunction

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A. Nothing in this chapter shall require the Commissioner to report for prosecution, or institute seizure proceedings, where the Commissioner considers the violations of the chapter to be minor. In such cases, the Commissioner may serve a suitable notice of warning in writing, wh…

Va. Code Ann. § 3.2-3624 Warning

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Nothing in this chapter shall be construed as requiring the Commissioner to report for the institution of proceedings under this chapter, minor violations of this chapter, whenever the Commissioner believes that the public interest will be adequately served in the circumstances b…

Va. Code Ann. § 3.2-3625 Violations; civil penalties

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A. The Commissioner shall give notice of the violation to the registrant or the licensee responsible for the regulated product. The Commissioner may give notice to the distributor from whom the Commissioner sampled the regulated product. B. To determine the amount of any civil pe…

Va. Code Ann. § 3.2-3700 Definitions

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As used in this chapter, unless the context requires a different meaning: "Agricultural liming material" means any limestone with calcium and magnesium compounds that has the capacity, and whose intended purpose is, to neutralize soil acidity. "Applicant" means the person who app…

Va. Code Ann. § 3.2-3701 Authority of Board and Commissioner to adopt regulations

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A. The Board may adopt such regulations as are necessary to carry out the provisions of this chapter. Such regulations may include to investigational allowances, definitions, records, manufacturing practices and the distribution and storage of liming material. B. The Commissioner…

Va. Code Ann. § 3.2-3702 Registration; permitting of distributors

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A. Any distributor of agricultural liming material in the Commonwealth shall register each brand by July 1 for the registration year July 1 through June 30, before distributing any agricultural liming material in the Commonwealth. Each distributor shall submit an application for …

Va. Code Ann. § 3.2-3703 Manufacturer required to obtain license; fee

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A. Any person who manufactures or whose name appears on the label of any liming material to be distributed in the Commonwealth shall by July 1 of each year, or prior to distribution of such liming material, obtain a license for the licensing year of July 1 to June 30. Each person…

Va. Code Ann. § 3.2-3704 Sale of Bulk Liming Material

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A. It is unlawful for any person, other than a registrant, licensee, or person who (i) is licensed to distribute a regulated product, as that term is defined in § 3.2-3600, pursuant to § 3.2-3606; (ii) holds a valid permit to be a contractor-applicator pursuant to § 3.2-3608; or …

Va. Code Ann. § 3.2-3705 Distribution to nonlicensed person; report of tonnage; inspection fee; fee for late payment

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A. By August 1 of each year, each person who distributes liming material to a nonlicensed person shall submit on a form furnished or approved by the Commissioner a tonnage statement for the reporting year July 1 through June 30 of each year documenting the number of tons of each …

Va. Code Ann. § 3.2-3706 Labeling

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A. Any liming material sold, offered or exposed for sale in the Commonwealth shall have affixed to the outside of each package in a conspicuous manner, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a statement on the deliver…

Va. Code Ann. § 3.2-3707 Inspection, sampling, and analysis

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A. The Commissioner shall sample, inspect, analyze, and test liming material distributed within the Commonwealth to determine whether such liming material is in compliance with the provisions of this chapter. The Commissioner may enter upon any public or private premises during o…

Va. Code Ann. § 3.2-3708 Stop sale, use, removal or seizure order; review

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A. The Commissioner may issue and enforce a written or printed stop sale, use, removal or seizure order to the owner or custodian of any lot of liming material being offered or exposed for sale in violation of any of the provisions of this chapter. Such order may provide that suc…

Va. Code Ann. § 3.2-3709 Assessments for violations of chapter

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A. Any person convicted of violating any provision of this chapter or the regulations adopted hereunder shall be subject to a penalty of not less than $25 nor more than $200 to be enforced by a summary proceeding in an appropriate court. B. The Commissioner shall make an assessme…

Va. Code Ann. § 3.2-3710 Disposition of funds

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All fees, penalties, funds (including those transferred as specified in subsection D of § 3.2-3709 and except as provided in subsection C of § 3.2-3709), and assessments under this chapter that the Commissioner receives shall be paid into the Feed, Lime, Fertilizer, and Animal Re…

Va. Code Ann. § 3.2-3711 Seizure of liming material when assessments not paid

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The Commissioner may seize any liming material belonging to any person whose name appears on the label of the violative lot of liming material, if such person fails to pay the assessment for variance from guarantee within 60 days after the Commissioner has given notice to such pe…

Va. Code Ann. § 3.2-3712 Appeal from Commissioner's actions

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Any person aggrieved by any action of the Commissioner under provisions of this chapter shall have the right to review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

Va. Code Ann. § 3.2-3713 Commissioner's actions

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Nothing in this chapter shall require the Commissioner to report for prosecution, or institute seizure proceedings, where the Commissioner considers the violations of this chapter to be minor. In such cases, the Commissioner may serve a suitable notice of warning in writing, when…

Va. Code Ann. § 3.2-3714 Duty of attorneys for the Commonwealth

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It shall be the duty of each attorney for the Commonwealth with responsibility for the enforcement of this chapter, and to whom any violation is reported, to commence proceedings and prosecute in an appropriate court without delay.

Va. Code Ann. § 3.2-3715 Prohibited acts; penalty

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A. It is unlawful to: 1. Sell or offer to sell any liming material unless it complies with provisions of this chapter; 2. Sell or offer for sale liming material that contains toxic materials in quantities injurious to plants or animals; and 3. Hinder or obstruct in any way the Co…

Va. Code Ann. § 3.2-3800 Definitions

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As used in this chapter, unless the context requires a different meaning: "Dealer" means any person that acquires nursery stock for the purpose of resale and distribution who is not a grower of nursery stock. "Inspection certificate" means a document in any form issued by the Com…

Va. Code Ann. § 3.2-3801 Powers and duties of the Commissioner

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A. The Commissioner shall: 1. Protect the agricultural, horticultural, and other interests of the Commonwealth from plant pests; and 2. Promptly credit all moneys collected by him as repayment to the fund in the state treasury to which such moneys are owed. B. The Commissioner ma…

Va. Code Ann. § 3.2-3801.1 (Effective January 1, 2027) Invasive plants sold by retail establishments; signage requirements

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A. No retail establishment shall sell or offer for retail sale for outdoor use a plant that is an invasive plant species unless such retail establishment posts in a conspicuous manner on the property located in proximity to each invasive plant display signage identifying such pla…

Va. Code Ann. § 3.2-3802 Permit required to sell or transport plant pests

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It is unlawful to sell, barter, offer for sale, move, transport, deliver, ship, or offer for shipment any plant pests without a permit from the Commissioner stating that such plant pests are: (i) not injurious; (ii) generally present already; or (iii) to be used for scientific pu…

Va. Code Ann. § 3.2-3803 Licenses required of nurserymen or dealers; inspection fees

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A. It is unlawful for any nurseryman or dealer to offer for sale, sell, deliver, or give away nursery stock unless such person shall have first procured a license from the Commissioner. B. The Commissioner shall not issue any license to a dealer except upon the payment of $25 for…

Va. Code Ann. § 3.2-3804 Inspection certificate required to transport nursery stock

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A. It is unlawful to knowingly deliver, send, ship, or transport nursery stock within or into the Commonwealth without an inspection certificate clearly attached to each carload, truckload, box, bale, or package. B. Nursery stock brought into the Commonwealth under an inspection …

Va. Code Ann. § 3.2-3805 Inspections upon request

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Any person may apply to the Commissioner for an inspection certificate. The applicant shall agree to pay the expenses incurred by the Commissioner, who may respond to the applicant at his discretion. The Commissioner shall issue an inspection certificate upon successful completio…

Va. Code Ann. § 3.2-3806 Authority for inspections; right of entry

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A. All nursery stock or plant products for sale or distribution shall be subject to inspection at any time. B. The Commissioner may enter any nursery or dealer premises, other than a private dwelling, at reasonable times and under reasonable circumstances to examine nursery stock…

Va. Code Ann. § 3.2-3807 Eradication and control measures

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The Commissioner may order the owner or custodian of any infested nursery stock or plant products for sale or distribution to take eradication and control measures. The owner or custodian shall promptly carry out the order of the Commissioner. The Commissioner may take the eradic…

Va. Code Ann. § 3.2-3808 Nursery stock or plant products for sale or distribution subject to stop delivery or stop sale

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A. The Commissioner may stop delivery, stop sale, treat, or order returned to point of origin any nursery stock or plant products for sale or distribution if he finds: (i) a plant pest infection; or (ii) the exhibition of visual symptoms of a plant pest infestation. B. The Commis…

Va. Code Ann. § 3.2-3809 Seizure and disposition of nursery stock or plant products for sale or distribution

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Any nursery stock or plant products for sale or distribution shall be subject to seizure on complaint of the Commissioner to the appropriate court. If the court finds the nursery stock or plant products for sale or distribution to be in violation of this chapter and orders condem…

Va. Code Ann. § 3.2-3810 (Effective until January 1, 2027) Penalty for violation

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A. The Commissioner may refuse, suspend, or cancel any license upon satisfactory evidence that the applicant or licensee has violated any of the provisions of this chapter or regulations adopted hereunder. B. Any person violating any of the provisions of this chapter or regulatio…

Va. Code Ann. § 3.2-3811 Judicial review

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Judicial review of any action of the Board or the Commissioner shall be in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).

Va. Code Ann. § 3.2-3900 Definitions

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As used in this chapter, unless the context requires a different meaning: "Active ingredient" means (in the case of a pesticide other than a plant regulator, defoliant, desiccant, or anti-desiccant) an ingredient that will prevent, destroy, repel, or mitigate insects, fungi, rode…

Va. Code Ann. § 3.2-3904 Powers and duties of the Board

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The Board shall have the following powers and duties: 1. Appoint advisory committees as necessary to implement this chapter; 2. Contract for research projects and establish priorities; 3. Consult with the Department of Environmental Quality regarding compliance with the applicabl…

Va. Code Ann. § 3.2-3906 Board to adopt regulations

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The Board may adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), including: 1. Licensing of businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides; 2. Registration of pesticides for manufacture, distribution, sale, st…

Va. Code Ann. § 3.2-3907 Delegation of authority; exclusive authority to regulate

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The Board may delegate any authority vested in it under this chapter to the Commissioner or other employees of the Department. The Board shall have the exclusive authority to regulate pesticides in accordance with this chapter. The Board's authority to regulate pesticides under t…

Va. Code Ann. § 3.2-3908 Protection of trade secrets and other information

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A. In submitting data required by this chapter, the applicant may: (i) clearly mark any portions that he believes are trade secrets or commercial or financial information; and (ii) submit such marked materials separately from other material. B. The Commissioner shall not make pub…

Va. Code Ann. § 3.2-3909 Reports of pesticide accidents and incidents

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The Board shall by regulation require the reporting of significant pesticide accidents or incidents posing a threat to humans or the environment to appropriate governmental agencies. To the extent feasible, accident reporting requirements shall be consistent with similar reports …