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Virginia Statutes, Title 3.2

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

65 chapters · 1,133 sections in this title.

All chapters in Title 3.21,133 Ch 65, Chapter 65. Comprehensive Animal Care.131 Ch 47, Chapter 47. Sale of Farm Produce.65 Ch 51, Chapter 51. Food and Drink.65 Ch 56, Chapter 56. Weights and Measures.49 Ch 39, Chapter 39. Pesticide Control.44 Ch 60, Chapter 60. Livestock and Poultry.44 Ch 52, Chapter 52. Milk, Milk Products, and…34 Ch 36, Chapter 36. Fertilizer.28 Ch 40, Chapter 40. Seeds.28 Ch 43, Chapter 43. Grades, Marks, and Brands.28 Ch 42, Chapter 42. Implementation of Tobacc…26 Ch 32, Chapter 32. Milk Commission.24 Ch 54, Chapter 54. Slaughterhouses, Meat, a…23 Ch 17, Chapter 17. Horse Industry Board.22

1,133 sections·Filtered byTitle 3.2✕

Va. Code Ann. § 3.2-3403 Virginia Verified Meat certification
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A. For the purposes of this section: "Processed" means a substantial transformation at a USDA-inspected or Department-inspected facility in the Commonwealth approved by the Department whereby an animal or animal product is transformed into a new product with a new name, character…
Va. Code Ann. § 3.2-3500 Development of farmers market system
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In overseeing the development of a farmers market system, the Board shall: 1. Identify farmers market needs throughout the Commonwealth; 2. Promote the orderly growth and development of farmers markets; 3. Promote public awareness of farmers markets; 4. Promote the coordination o…
Va. Code Ann. § 3.2-3501 Commissioner to manage farmers market operations
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A. In order to establish, operate and maintain a system of state-owned farmers market facilities within the Commonwealth, the Commissioner may carry out the provisions of this chapter, including the power to: 1. Cooperate with various state agencies and other organizations contri…
Va. Code Ann. § 3.2-3502 Local retail farmers markets
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Any locality may establish, operate and maintain a local retail farmers market. The local retail farmers market may request to be part of the network of farmers markets within the Commonwealth or may be independent of such network. Nothing in this section shall invalidate the act…

Showing 351–400 of 1,133

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Va. Code Ann. § 3.2-3600 Definitions

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As used in this chapter, unless the context requires a different meaning: "AAPFCO" means the Association of American Plant Food Control Officials. "Anaerobic digestion" means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digesta…

Va. Code Ann. § 3.2-3601 Authority of the Board and the 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 investigational allowances, definitions, records, and manufacturing practices, and the distribution and storage of regulated product prior to final s…

Va. Code Ann. § 3.2-3602 Local government regulation of fertilizer

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A. No locality shall regulate the registration, packaging, labeling, sale, use, application, storage or distribution of fertilizers except by ordinance as provided for in the requirements of the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.), the Erosion and Sediment C…

Va. Code Ann. § 3.2-3602.1 Board authorized to adopt regulations for the application of regulated products to nonagricultural property; civil penalty

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A. The Board shall adopt regulations to certify the competence of (i) contractor-applicators, (ii) licensees, and (iii) employees, representatives, or agents of state agencies, localities, or other governmental entities who apply any regulated product to nonagricultural lands. B.…

Va. Code Ann. § 3.2-3603 Publications

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The Commissioner may publish in such forms and with such frequency as he may deem proper: (i) information concerning the distribution of fertilizers; and (ii) results of analysis based on official samples of fertilizer distributed within the Commonwealth, as compared with analysi…

Va. Code Ann. § 3.2-3604 Exchanges between manufacturers

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Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of regulated product between importers, manufacturers, or manipulators who mix fertilizer materials for sale, or to prevent the free and unrestricted shipments of regulated product to manufacturers…

Va. Code Ann. § 3.2-3605 License and registration year; permit year

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A. The license year for all distributors, the registration year for any regulated product, and the tonnage reporting year is July 1 through June 30 of the following year. Each license or registration shall expire on June 30 of the year for which it is issued, provided that the li…

Va. Code Ann. § 3.2-3606 Distributor required to obtain license; fee

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A. It is unlawful for any person whose name appears upon the label of any regulated product as distributor to distribute a regulated product without first obtaining a license to distribute the regulated product in the Commonwealth. The person who distributes the regulated product…

Va. Code Ann. § 3.2-3607 Product registration and label requirements; exemptions

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A. In addition to licensing requirements: 1. Any person who is the guarantor of and who distributes in the Commonwealth any specialty fertilizer shall: (i) apply for registration for such specialty fertilizer with the Commissioner on forms furnished by the Commissioner; (ii) pay …

Va. Code Ann. § 3.2-3607.1 Consumer education

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A. The Department, in consultation with representatives of the fertilizer industry, fertilizer retailers, and statewide turf and lawn care organizations, and other interested parties, may develop consumer information and recommended best practices for the application of lawn fert…

Va. Code Ann. § 3.2-3607.2 Sale of deicing agents

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Beginning December 31, 2013, it is unlawful for any person to offer for sale any deicing agent containing urea or other forms of nitrogen or phosphorus intended for application to parking lots, roadways, and sidewalks or other paved surfaces in the Commonwealth. The provisions of…

Va. Code Ann. § 3.2-3608 Contractor-applicator permit

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A. It is unlawful for any person, other than a licensee or an agent of a licensee, to apply any regulated product for profit without first obtaining a permit. In order to obtain a permit the person shall complete an application form furnished by the Commissioner and pay the $50 a…

Va. Code Ann. § 3.2-3609 Reporting year; inspection fees; distribution to nonlicensees

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A. The reporting year for regulated products shall be July 1 through June 30 of the following year. B. Any person who distributes any regulated product to a non-licensed person: 1. Shall file the tonnage statement with the Commissioner and pay to the Commissioner the inspection f…

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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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…