dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6583. Hybrid canines killing, injuring or chasing livestock.
It shall be the duty of any animal control officer or other officer who may find a hybrid canine in the act of killing or injuring livestock or poultry to kill such hybrid canine forthwith, whether such hybrid canine bears a tag or not. Any person finding a hybrid canine committing any of the depredations mentioned in this section may kill such hybrid canine on sight as may any owner of livestock or his agent finding a hybrid canine chasing livestock on land lawfully utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court may order the animal control officer or other officer to kill any hybrid canine known to be a confirmed livestock or poultry killer, and any hybrid canine that kills poultry for a third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the hybrid canine to produce the hybrid canine.

Any animal control officer who has reason to believe that any hybrid canine is killing livestock or poultry shall be empowered to seize such hybrid canine solely for the purpose of examining such hybrid canine in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any hybrid canine is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate serving the locality where such hybrid canine may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court, at which time evidence shall be heard. If it appears that the hybrid canine is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the hybrid canine be: (i) killed immediately by the animal control officer or other officer designated by the court; or (ii) removed to another state that does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any hybrid canine ordered removed from the Commonwealth that is later found in the Commonwealth shall be ordered by a court to be killed immediately.

1997, c. 918, § 3.1-796.126:10; 1998, c. 817; 2008, cc. 551, 691, 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6584. Compensation for livestock and poultry killed by hybrid canines.
Any person who has any livestock or poultry killed or injured by any hybrid canine not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl if (i) the claimant has furnished evidence within 60 days of discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a hybrid canine; (ii) the animal control officer or other officer shall have been notified of the incident within 72 hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the owner, if known, of the hybrid canine doing the damage for which compensation under this section is sought. Exhaustion shall mean a judgment against the owner of the hybrid canine upon which an execution has been returned unsatisfied.

Local jurisdictions may by ordinance waive the requirements of clause (ii) or (iii) or both provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim. Upon payment under this section the local governing body shall be subrogated to the extent of compensation paid to the right of action to the owner of the livestock or poultry against the owner of the hybrid canine and may enforce the same in an appropriate action at law.

1997, c. 918, § 3.1-796.126:11; 1998, c. 817; 2008, c. 860; 2014, cc. 116, 160.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6585. Dogs and cats deemed personal property; rights relating thereto.
All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners, as defined in § 3.2-6500, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any dog or cat that is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person.

An animal control officer or other officer finding a stolen dog or cat, or a dog or cat held or detained contrary to law, shall have authority to seize and hold such animal pending action before a general district court or other court. If no such action is instituted within seven days, the animal control officer or other officer shall deliver the dog or cat to its owner.

The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner, and the animal control officer may take such animal and notify its legal owner. The legal owner of the animal shall pay a reasonable charge as the local governing body by ordinance shall establish for the keep of such animal while in the possession of the animal control officer.

1984, c. 492, § 29-213.95; 1987, c. 488, § 3.1-796.127; 1988, c. 537; 1998, c. 817; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6585.1. Duty to identify; scanning for microchip.
Any veterinarian, public or private animal shelter, or releasing agency that releases or receives companion animals for adoption or is authorized to euthanize companion animals shall seek to identify the lawful owner of each unidentified companion animal submitted to it, including, for any weaned companion animal that may be safely handled, making a reasonable attempt to scan the animal for an embedded microchip at the time of intake, at the time of assessment, and prior to disposition. If a chip is detected, the veterinarian, shelter, or agency shall make every reasonable effort to contact the owner by the most expedient method available. Such veterinarian, shelter, or agency shall maintain documentation for at least 30 days from the date of the final disposition of the animal that includes the reason an animal could not be scanned, any scanning that located or failed to locate a microchip, whether a located microchip was registered to an owner, and any attempt to contact any owner. Veterinarians shall notify the local public shelter, in compliance with § 3.2-6551, when taking possession of a stray animal. The requirements of this section shall not apply to the transfer of animals between veterinarians, public or private animal shelters, or releasing agencies.

2022, c. 387.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6586. Dog injuring or killing other companion animals.
The owner of any companion animal that is injured or killed by a dog shall be entitled to recover damages consistent with the provisions of § 3.2-6585 from the owner of such dog in an appropriate action at law if: (i) the injury occurred on the premises of the companion animal's owner; and (ii) the owner of the offending dog did not have the permission of the companion animal's owner for the dog to be on the premises at the time of the attack.

2003, c. 841, § 3.1-796.127:1; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6587. Unlawful acts; penalties.
A. The following shall be unlawful acts and are Class 4 misdemeanors:

1. For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.

2. For any dog or cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat.

3. For any dog owner to allow a dog to run at large in violation of an ordinance passed pursuant to § 3.2-6539.

4. Unless otherwise punishable under subsection B, for any person to fail to obey an ordinance passed pursuant to §§ 3.2-6522 and 3.2-6525.

5. For any owner to fail to dispose of the body of his companion animals in accordance with § 3.2-6554.

6. For the owner of any dog or cat with a contagious or infectious disease, other than rabies, to permit such dog or cat to stray from his premises if such disease is known to the owner.

7. For any person to conceal or harbor any dog or cat on which any required license tax has not been paid.

8. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog or cat without the permission of the owner or custodian.

9. Any other violation of this chapter for which a specific penalty is not provided.

B. It is a Class 1 misdemeanor for any person to:

1. Present a false claim or to receive any money on a false claim under the provisions of § 3.2-6553.

2. Impersonate a humane investigator.

3. Permit a dog or cat that he owns or is in his custody to stray from his premises when he knows or has been told by the local health department, law-enforcement agency, animal control agency, or any other person who has a duty to control or respond to a risk of rabies exposure that the dog or cat is suspected of having rabies.

1984, c. 492, § 29-213.99; 1987, c. 488, § 3.1-796.128; 1993, cc. 174, 775, 817; 1998, c. 817; 2008, c. 860; 2020, c. 1183.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6588. Intentional interference with a guide or leader dog; penalty.
A. It is unlawful for a person to, without just cause, willfully impede or interfere with the duties performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog. A violation of this subsection is a Class 3 misdemeanor.

B. It is unlawful for a person to, without just cause, willfully injure a dog if the person knows or has reason to believe the dog is a guide or leader dog. A violation of this subsection is a Class 1 misdemeanor.

"Guide or leader dog" means a dog that: (i) serves as a dog guide for a blind person as defined in § 51.5-60 or for a person with a visual disability; (ii) serves as a listener for a deaf or hard-of-hearing person as defined in § 51.5-111; or (iii) provides support or assistance for an individual with a physical disability.

1995, c. 209, § 3.1-796.128:1; 2008, c. 860; 2023, cc. 148, 149.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6589. Selling garments containing dog or cat fur prohibited; penalty.
It is unlawful for any person to sell a garment containing the hide, fur, or pelt that he knows to be that of a domestic dog or cat. A violation of this section is punishable by a fine of not more than $10,000.

1999, cc. 646, 678, § 3.1-796.128:2; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6589.1. Certain training devices for elephants prohibited; attachment; civil penalty.
A. It is unlawful for any person to (i) use electricity, martingales, or block and tackle, engage in physical punishment resulting in damage, scarring, or breaking of skin, or insert any instrument into any bodily orifice of an elephant to discipline an elephant; (ii) use a bullhook, ankus, baseball bat, axe handle, or other device designed to inflict fear or pain for the purpose of training or controlling the behavior of an elephant; or (iii) brandish, exhibit, or display any device described in clause (ii) in the presence of an elephant.

B. A person who violates this section is subject to a civil penalty not to exceed $2,500 for the first offense and not to exceed $5,000 for subsequent violations. Each incident during which the violation is found to have existed shall constitute a separate offense.

C. The Attorney General, an attorney for the Commonwealth, or the attorney for the locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to request an attachment for any devices described in subsection A against a person violating the provisions of this section.

2024, c. 333.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6590. Jurisdiction of general district courts; right of appeal.
Unless otherwise provided, the provisions of this article may be enforced by any general district court in cities or counties wherein the offense is committed or the offender or owner may be found. Every such offender shall have the right of appeal to the appropriate circuit court.

1984, c. 492, § 29-213.100; 1987, c. 488, § 3.1-796.129; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6591. Definitions.
As used in this article, unless the context requires a different meaning:

"Alternative test method" means a test method that (i) provides information of equivalent or better scientific quality and relevance than animal test methods, (ii) has been identified by a validation body and adopted by the relevant federal agency or program within an agency responsible for regulating the specific product or activity for which the test is being conducted, and (iii) does not use animals, or, when there is no test method available that does not use animals, uses the fewest animals possible and reduces the level of suffering or stress, to the greatest extent possible, of an animal used for testing. "Alternative test method" includes computational toxicology and bioinformatics, high-throughput screening methods, testing of categories of chemical substances, tiered testing methods, in vitro studies, and systems biology and new or revised methods.

"Animal" means any live vertebrate nonhuman animal.

"Animal test method" means a process or procedure that uses animals to obtain information on the characteristics of a chemical or agent or the biological effect of exposure to a chemical or agent under specified conditions.

"Animal testing facility" means any facility, including a private entity, state agency, or institution of higher education, that confines and uses dogs or cats for research, education, testing, or other scientific or medical purposes.

"Contract testing facility" means any partnership, corporation, association, or other legal relationship that tests chemicals, ingredients, product formulations, or products on behalf of another entity.

"Manufacturer" means any partnership, corporation, association, or other legal entity that produces chemicals, ingredients, product formulations, or products.

"Validation body" means an organization that seeks to facilitate development, validation, and regulatory acceptance of new and revised regulatory test methods that reduce, refine, or replace the use of animals in testing, such as the Interagency Coordinating Committee on the Validation of Alternative Methods or other similar organizations.

2018, c. 672; 2021, Sp. Sess. I, c. 340.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6592. Manufacturers and contract testing facilities required to use alternative test methods when available.
A. No manufacturer or contract testing facility shall use an animal test method when an alternative test method is available.

B. Nothing in this section shall prohibit the use of a test method that does not use animals.

C. This section shall not apply to any manufacturer or contract test facility using an animal test method for the purpose of medical research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases and impairments of humans and animals, or related to the development of devices or drugs, as those terms are defined in 21 U.S.C. § 321, biomedical products, or any other products regulated by the U.S. Food and Drug Administration, except for any product regulated under Subchapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.). Such medical research does not include the testing of an ingredient that (i) was formerly used in a drug; (ii) was tested for use in a drug using commonly accepted animal testing methods to characterize the ingredient and to substantiate its safety for human use; and (iii) is proposed for use in a product other than a biomedical product, medical device, or drug.

2018, c. 672.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6592.1. Breeding cats and dogs for experimental purposes.
Any person or entity that breeds dogs or cats, including dogs or cats regulated under federal law as research animals, for sale or transfer to an animal testing facility shall be required to keep accurate records of each dog or cat purchased, acquired, owned, held, or otherwise in the person or entity's possession or control, and each dog or cat transported, euthanized, sold, or otherwise disposed of, for five years from the date of the acquisition, transfer, or disposition of the dog or cat. Records shall include:

1. The name and address of the person from whom the dog or cat was purchased or otherwise acquired, and such person's license or registration number if licensed or registered under the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.);

2. The date on which the dog or cat was acquired;

3. The name and address of the person or entity to whom the dog or cat was sold, given, or transferred and such person or entity's license or registration number if licensed or registered under the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.);

4. The official U.S. Department of Agriculture tag number or tattoo assigned to the dog or cat under the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.);

5. A description of the dog or cat, which shall include (i) the species and breed or type, (ii) the sex, (iii) the date of birth or approximate age, and (iv) the color and any distinctive markings;

6. The date and number of any offspring born of any animal while in the possession or under the control of the person or entity;

7. All medical care and vaccinations provided to the animal;

8. The date and method of disposition of the dog or cat, including sale, death and cause thereof if not euthanasia, euthanasia, adoption, or transfer;

9. The number of dogs or cats in the person or entity's possession for which the person or entity no longer has a need; and

10. The number of dogs or cats in the person or entity's possession for which the person or entity no longer has a need that have been offered for transfer to a releasing agency for eventual adoption or for adoption through private placement in accordance with § 3.2-6593.1.

Records shall be made available upon request to the Department, animal control officers, and law-enforcement officers at mutually agreeable times. The person or entity subject to the requirements of this section shall quarterly submit a summary of such records to the State Veterinarian in a format prescribed by him.

2022, c. 93.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6593. Enforcement; civil action; penalty.
The Attorney General may bring a civil action in the appropriate circuit court for injunctive relief to enforce the provisions of this article. Any person who violates any provision of this article may, upon such finding by an appropriate circuit court, be subject to a civil penalty of not more than $5,000 and any court costs and attorney fees. Such civil penalties shall be paid into the state treasury.

2018, c. 672.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6593.1. Animal testing facilities; adoption of dogs and cats.
Any breeder or animal testing facility that no longer has need for a dog or cat in its possession that does not pose a health or safety risk to the public or welfare of the animal shall (i) offer for release such dog or cat to a releasing agency for eventual adoption or for adoption through a private placement or (ii) in the case of a testing facility operated by an agency or institution of higher education, develop its own adoption program, provided that such program maintains records that comply with § 3.2-6557. Such breeder or animal testing facility shall keep such offer for release open for a reasonable length of time, up to three weeks, prior to euthanizing such dog or cat. A breeder or animal testing facility may enter into an agreement with a releasing agency for the implementation of the provisions of this section. A breeder or animal testing facility shall not be liable for any harm caused by or any defect suffered by any dog or cat adopted pursuant to this section.

For purposes of this section, "breeder" means a breeder who breeds dogs and cats for sale or transfer to an animal testing facility.

2021, Sp. Sess. I, c. 340; 2022, c. 91.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6593.3. Animal testing facilities operated by a state agency; nonhuman primates.
A. For the purposes of this section:

"Certified sanctuary" means any facility that provides temporary or permanent safe haven to nonhuman primates that is fully accredited by the Global Federation of Animal Sanctuaries or certified by the Association of Zoos and Aquariums.

"Nonhuman primate" means all nonhuman members of the order Primates.

B. Any animal testing facility operated by a state agency that no longer has need for a nonhuman primate in its possession shall, in consultation with such animal testing facility's attending veterinarian, consider options for and determine the appropriate care and treatment of such nonhuman primate, which shall include offering for release such nonhuman primate to a certified sanctuary. Such animal testing facility may enter into an agreement with such certified sanctuary for the implementation of the provisions of this section.

2025, c. 437.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6594. Definitions.
As used in this article:

"Dangerous captive animal" means any bear, cougar, jaguar, leopard, lion, nonhuman primate, or tiger, or any hybrid of any such animal. "Dangerous captive animal" does not include a clouded leopard.

"Direct contact" means physical contact or proximity where physical contact is possible, including an opportunity for photography without a permanent physical barrier designed to prevent physical contact between the public and a dangerous captive animal.

"Keeper" means any person, as defined in § 1-230, who owns, has custody of, or is in control of a dangerous captive animal.

2020, c. 632.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6595. Direct contact with dangerous captive animals prohibited.
It is unlawful for any keeper to provide or offer to provide to any member of the public, for free or for a cost, direct contact with a dangerous captive animal.

2020, c. 632.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 65 (Comprehensive Animal Care)
§ 3.2-6596. Violation; penalty.
Any person who violates any provision of this article is guilty of a Class 3 misdemeanor and is subject to a fine of not more than $500.

2020, c. 632.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-700. Definitions.
As used in this article, unless the context requires a different meaning:

"Certificate" means a document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with a pest.

"Host" means any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle.

"Infested" means actually infested or infected with a pest or so exposed to infestation that it would be reasonable to believe that an infestation exists.

"Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved.

"Permit" means a document issued or authorized by the Commissioner to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing.

"Person" means the term as defined in § 1-230. The term also means any society.

"Pest" means an insect, disease, parasitic plant, or other organism of any character whatever, in any living stage, vertebrate or invertebrate, causing or capable of causing injury or damage to any plant or part thereof or any processed, manufactured, or other product of plants, or otherwise creating a public nuisance.

"Regulated article" means any article of any character carrying or capable of carrying the pest against which the quarantine is directed.

1975, c. 29, § 3.1-188.20; 1980, c. 291; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-701. Administration; regulations.
The Commissioner shall protect the agricultural, horticultural, and other interests of the Commonwealth from plant pests and supervise and direct the execution of this article and regulations adopted hereunder.

1975, c. 29, § 3.1-188.21; 1980, c. 291; 2000, c. 730; 2008, c. 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-702. Abundance surveys; eradication or suppression of pests.
The Commissioner shall direct abundance surveys for plant pests and may carry out operations or measures to locate, suppress, control, eradicate, prevent, or retard the spread of pests. When the Commissioner determines that a new or dangerous or highly injurious plant pest exists within the Commonwealth or that an established pest requires control and the nature of the pest dictates immediate action, he may proceed with eradication or suppression. Provided further, that whenever the Commissioner intends to go upon any property for the purpose of eradicating or suppressing pests, he shall before entering upon any such property, give a written notice to the owner or occupant thereof at least 24 hours prior to such entry, setting forth in detail the purpose or purposes for which such entry shall be made.

In the event the Commissioner determines a plant pest does not require immediate action, he shall report his findings, including the nature of the pest and method of proposed treatment, to the Board in writing and to the property owners or persons in charge of the property concerned by printing a copy thereof, at least once, in at least one newspaper of general circulation in the locality concerned. In case of objection to the action proposed, an appeal shall lie to the Board. Such appeal shall be taken within seven days from the issue of the notice and shall act as a stay of proceedings insofar as the property of the person noting the appeal is concerned until it is heard and decided.

1975, c. 29, § 3.1-188.22; 1980, c. 291; 2008, c. 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-703. Authority to quarantine.
The Board may quarantine the Commonwealth or any portion thereof when it determines that such action is necessary to prevent or retard the spread of a pest into, within, or from the Commonwealth. Before a quarantine is adopted, the Board shall, after due public notice, hold a public hearing in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), at which hearing any interested party may appear and be heard either in person or by attorney. Notwithstanding the provisions of § 2.2-4002 or any other law to the contrary, the Commissioner may impose a temporary quarantine for a period not to exceed 90 days. A public hearing, as provided herein, shall be held if it appears that a quarantine for more than the 90-day period will be necessary to prevent or retard the spread of the pest. The Commissioner shall give notice of the establishment of the quarantine in a newspaper having general circulation in the area affected by the quarantine. The Commissioner may limit the application of the temporary or permanent quarantine to the infested area and appropriate environs, to be known as the regulated areas, and may without further hearing extend or reduce the regulated area upon publication of a notice to that effect in a newspaper having general circulation in the area affected by the quarantine or by direct written notice to those concerned. Any temporary quarantine imposed by the Commissioner or any extensions or reductions in the regulated areas pursuant to this section shall be reviewed by the Board at its next regularly scheduled meeting, such review by the Board shall be made within 90 days of the Commissioner's action.

Following establishment of a quarantine, no person shall move any regulated article described in the quarantine or move the pest against which the quarantine is established, within, from, into, or through the Commonwealth contrary to regulations.

The regulations may restrict the movement of the pest and any regulated articles from the regulated area in the Commonwealth into or through other parts of the Commonwealth or other states and from the regulated area in other states into or through the Commonwealth and shall impose such inspection, disinfection, certification, or permit and other requirements as the Commissioner deems necessary to effectuate the purposes of this article. The Commissioner may issue administrative instructions relating to the enforcement of regulations including acceptable certification procedures, regulated articles, and exemptions.

1975, c. 29, § 3.1-188.23; 1980, c. 291; 2008, c. 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-704. Quarantine against regulated articles in other states.
When the Board has good reason to believe in the existence of infested regulated articles in localities in other states, territories, or countries, or that conditions exist that, in the judgment of the Board, render the importation of such regulated articles from such localities a menace to the health of the Commonwealth, the Board shall, by proclamation, prohibit the importation of any regulated article from any locality of other states, territories, or countries, into the Commonwealth.

1975, c. 29, § 3.1-188.24; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-705. Authority for abatement and other emergency measures; compensation to property owners.
Whenever the Commissioner finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or is in transit in the Commonwealth, he may require full information as to origin, number and destination of same and, upon giving notice to the owner or his agent in possession thereof, seize, quarantine, treat, or otherwise dispose of such pest, host, or article in such manner as the Commissioner deems necessary to suppress, control, eradicate, prevent, or retard the spread of a pest; or the Commissioner may order such owner or agent to so treat or otherwise dispose of the pest, host, or article. The owner of any property destroyed or ordered to be treated or otherwise disposed of under this section may, in an action against the Commonwealth in the appropriate court, recover just compensation for any property so destroyed or the reasonable costs of disposal of any property so ordered if he establishes that the property was not a pest, or a host, or an infested article.

1975, c. 29, § 3.1-188.25; 1980, c. 291; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-706. Authority for inspections; warrants.
To effectuate the purpose of this article, the Commissioner may, with a warrant or with the consent of the owner, make reasonable inspections of any property in the Commonwealth and may, without a warrant, stop and inspect, in a reasonable manner, any means of conveyance moving within the Commonwealth, upon probable cause that it contains or carries any pest, host, or other regulated article subject to this article, and may make any other reasonable inspection of any property or means of conveyance for which, under the Constitution of the United States and the Constitution of the Commonwealth, no warrant is required.

In accordance with § 19.2-52, the appropriate persons have authority to issue warrants for such inspections upon a showing by the Commissioner that there is probable cause to believe that there exists in or on the property to be inspected a pest, host, or other regulated article subject to this article.

1975, c. 29, § 3.1-188.26; 1980, c. 291; 2008, c. 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-707. Cooperation with other agencies and private organizations.
When the Commissioner deems it necessary to suppress, control, eradicate, prevent, or retard the spread of any pest, he may cooperate with:

1. Any agency of the federal government, and may expend state funds on federal lands;

2. Any agency of an adjacent state if the use of funds appropriated to carry out this article for operations in an adjacent are approved in advance by the Governor or his designee;

3. Any agency of a local government within the Commonwealth; and

4. Any public and private organizations within the Commonwealth.

1975, c. 29, § 3.1-188.27; 1990, c. 370; 2000, c. 730; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-708. Cooperative Suppression Program Fund established.
The Cooperative Suppression Program Fund is hereby established as a special fund on the books of the State Comptroller, and all moneys credited to such fund are hereby appropriated for the purpose set forth in the Department's Gypsy Moth Cooperative Suppression Program Guidelines and shall be used exclusively for the administration of the Cooperative Suppression Program. Moneys for such fund may be derived from appropriations from the general fund of the state treasury; grants of private or government money designated for specified activities pursuant to the Suppression Program; fees for services rendered pursuant to the Suppression Program; payment for products, equipment, or material or any other thing supplied by the Commissioner; payment for educational publications, materials or supplies provided by the Commissioner, and grants, bequests and donations. All funds collected for, appropriated, or received by the Commissioner shall be paid into the state treasury to the credit of the Gypsy Moth Cooperative Suppression Program Fund. No part of such fund shall revert to the general fund of the state treasury.

1990, c. 370, § 3.1-188.27:1; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-709. Authority for compensation to growers in infested areas.
The Commissioner, when he determines that it is necessary to fulfill the objectives of this article, may authorize the payment of reasonable compensation to growers in infested areas for eliminating or not planting host crops, or otherwise controlling the target pest, pursuant to instructions issued by the Commissioner or for losses or expenses resulting from the destruction of any host or regulated articles. No payment shall be authorized for the destruction of regulated articles moved in violation of any regulation or any hosts planted contrary to instructions issued by the Commissioner.

1975, c. 29, § 3.1-188.28; 2008, c. 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-710. Penalties.
A. Any person who violates any of the provisions of this article, or who alters, forges, or counterfeits, or uses without authority any certificate or permit or other document provided for in this article or in the regulations of the Board adopted hereunder is guilty of a Class 1 misdemeanor.

B. Any person who has knowingly moved any regulated article into the Commonwealth from any quarantined area of any other state, which regulated article has not been treated or handled under provisions of the quarantine and regulations in effect at the point of origin, is guilty of a Class 1 misdemeanor.

1975, c. 29, § 3.1-188.29; 1980, c. 291; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-711. Costs of administration; reimbursements to Commonwealth.
Costs of administering this law shall be borne by the Commonwealth. The costs for services, products, or articles that the Commissioner determines are beyond the reasonable scope of the law, shall be paid by the persons affected to the State Treasurer. The Commissioner shall cause all reimbursements to be promptly credited to the State fund from which expended, regardless of the date the costs were incurred or collected.

1975, c. 29, § 3.1-188.30; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-712. Permit required to sell and transport plant pests.
No person shall sell, barter, offer for sale, move, transport, deliver, ship, or offer for shipment into or within the Commonwealth any plant pests in any living stage without first obtaining a permit from the Commissioner. Such permit shall be issued only after it has been determined that the plant pests are not injurious, are generally present already, or are for scientific purposes subject to specified safeguards.

Code 1950, § 3-178.14; 1964, c. 476; 1966, c. 702, § 3.1-188.31:1; 1980, c. 291; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 7 (TREE AND CROP PESTS)
§ 3.2-713. Judicial review.
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.).

1980, c. 291, § 3.1-188.31:2; 2008, c. 860.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-800. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Certificate" means a document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with a noxious weed.

"Infested" means the establishment of a noxious weed or exposure to such weed, which would be reasonable cause to believe that establishment could occur.

"Move" means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved, except for bona fide agricultural purposes including the management, tilling, planting, or harvesting of agricultural products.

"Noxious weed" means any living plant, or part thereof, declared by the Board through regulations under this chapter to be detrimental to crops, surface waters, including lakes, or other desirable plants, livestock, land, or other property, or to be injurious to public health, the environment, or the economy, except when in-state production of such living plant, or part thereof, is commercially viable or such living plant is commercially propagated in Virginia.

"Permit" means a document issued or authorized by the Commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes.

"Person" means the term as defined in § 1-230. The term also means any society.

"Quarantine" means a legal declaration by the Board that specifies: (i) the noxious weed; (ii) the articles to be regulated; (iii) conditions governing movement; and (iv) exemptions.

"Regulated article" means any article of any character as described in this chapter or in the quarantine carrying or capable of carrying a noxious weed against which this chapter or the quarantine is directed.

1970, c. 175, § 3.1-296.12; 1996, c. 266; 2008, c. 860; 2016, c. 171; 2023, c. 153.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-801. Powers and duties of Commissioner.
The Commissioner shall exercise or perform the powers and duties imposed upon him by this chapter. The Commissioner shall make surveys for noxious weeds and when the Commissioner determines that an infestation exists within the Commonwealth, he may request the Board to declare the weed to be noxious under this chapter and the Board shall proceed as specified in § 3.2-802.

The Commissioner in coordination with the Department of Wildlife Resources shall develop a plan for the identification and control of noxious weeds in the surface waters and lakes of the Commonwealth.

The Commissioner may cooperate with any person or any agency of the federal government in carrying out the provisions of this chapter.

Expenses incurred on property owned or controlled by the federal government shall be reimbursed and refunded to the appropriation from which they were expended.

1970, c. 175, § 3.1-296.13; 1996, c. 266; 2008, c. 860; 2015, cc. 158, 180; 2020, c. 958.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-802. Powers and duties of Board; quarantine.
A. The Board shall establish by regulation, after a public hearing, those weeds deemed to be noxious weeds not otherwise so declared by the terms of this chapter. Prior to designating a living plant or part thereof as a noxious weed, the Board shall review the recommendations of an advisory committee established by the Commissioner to conduct a scientific risk assessment of the proposed plant. The assessment shall include the degree to which the plant is detrimental to crops; surface waters, including lakes; other desirable plants; livestock; land or other property; public health; the environment; and the economy. The advisory committee shall also include in its recommendations to the Board an analysis of the current and potential in-state commercial viability of the specific plant species and the economic impact on industries affected by the designation of the plant as a noxious weed.

B. The Board may establish a statewide quarantine and adopt regulations pertaining to regulated articles and conditions governing movement, under which the Commissioner shall proceed to eradicate or suppress and prevent the dissemination of noxious weeds in the Commonwealth, and shall adopt other regulations as are necessary to carry out the purpose of this chapter. The Board may adopt regulations governing the conditions under which a permit is required to move, transport, deliver, ship, offer for shipment, sell, or offer for sale into or within the Commonwealth any noxious weed or part thereof. The Board may adopt regulations governing the movement of regulated articles entering the Commonwealth from without. Following the establishment of a quarantine, no person shall move any noxious weed or any regulated article described in the quarantine from any regulated area without a valid permit or certificate, if required.

Subsequent to the declaration of a quarantine by the Board, the Commissioner shall limit the application of the regulations pertinent to such quarantine to the infested portion of the Commonwealth and appropriate environs, which would be known as the regulated area and may, without further hearing, extend the regulated area to include additional portions of the Commonwealth upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned.

C. The Board shall develop and adopt regulations requiring tradespersons involved with proposing or installing plants to provide written notification to property owners for all plants proposed for installation that are included on the list of invasive plants established in § 10.1-104.6:2.

1970, c. 175, § 3.1-296.14; 2008, c. 860; 2016, c. 171; 2023, c. 153.
Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-803. Cost of controlling noxious weeds.
The cost of controlling or eradicating noxious weeds on all property owned or controlled by a State department or political subdivision thereof or control authority, agency, commission, or board, including highways, roadways, streets, alleys, and rights-of-way, shall be paid by the entity out of funds appropriated for its use. When it is not feasible for the entity to conduct the control program, the Commissioner may proceed with the control and the entity shall reimburse the cost and these moneys shall be refunded to the appropriation from which they were expended.

1970, c. 175, § 3.1-296.15; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-804. Prohibited acts; noxious weeds.
No person shall violate any provisions of this chapter or any regulation adopted hereunder. If the Board requires a person to obtain a permit pursuant to subsection B of § 3.2-802, such person shall obtain such permit prior to moving, transporting, delivering, shipping, offering for shipment, selling, or offering for sale into or within the Commonwealth a noxious weed or part thereof. Such permit shall be subject to prescribed safeguards.

1970, c. 175, § 3.1-296.16; 2008, c. 860; 2023, c. 153.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-805. Authority to stop sale or delivery of noxious weeds.
The Commissioner, in order to prevent the introduction or dissemination of noxious weeds, may stop delivery, stop sale, seize, destroy, treat, or order returned to the point of origin, at the owner's expense, any noxious weed, article, or substance whatsoever, if transported or moved within the Commonwealth, or if existing on any premises, or brought into the Commonwealth from any place outside thereof, if such is found by him to be infested with any noxious weed subject to the provisions of this chapter.

1970, c. 175, § 3.1-296.17; 2008, c. 860.

Code of Virginia — Title 3.2 (Agriculture, Animal Care, and Food), Chapter 8 (NOXIOUS WEEDS)
§ 3.2-806. Access to plants or plant products; state and local police cooperation upon request.
The Commissioner shall have access to plants or plant products or any other article or substance suspected of being infested with a noxious weed for inspection and shall be provided with full information as to origin and destination of same by the person in possession of any plants or other articles.

State and local police, upon request in specific instances, shall cooperate with the Commissioner in the enforcement of this chapter. This chapter shall supersede any ordinances in the Commonwealth insofar as carrying out its intent.

1970, c. 175, § 3.1-296.19; 2008, c. 860.