reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 3.1 - Governor's Agriculture and Forestry Industries Development Fund › § 3.2-307. Copy of proposed contract to be submitted to the Attorney General

Notwithstanding any provision in this chapter or in the guidelines established pursuant to § 3.2-305, prior to executing any such contract with a business beneficiary, the political subdivision shall provide a copy of the proposed contract to the Attorney General. The Attorney General shall review the proposed contract (i) for enforceability as to its provisions and (ii) to ensure that it is in appropriate legal form. The Attorney General shall provide any written suggestions to the political subdivision within seven days of his receipt of the copy of the contract. The Attorney General's suggestions shall be limited to the enforceability of the contract's provisions and the legal form of the contract.
2012, cc. 466, 622.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 3.1 - Governor's Agriculture and Forestry Industries Development Fund › § 3.2-308. Disposition of award by locality

Notwithstanding any provision in this chapter or in the guidelines established pursuant to § 3.2-305, a political subdivision shall not expend, distribute, pledge, use as security, or otherwise use any award from the Fund unless and until such contract is executed with the business beneficiary.
2012, cc. 466, 622.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 3.1 - Governor's Agriculture and Forestry Industries Development Fund › § 3.2-309. Report submitted to chairmen of legislative committees

Within the 30 days immediately following June 30 and December 30 of each year, the Governor shall provide a report to the Chairmen of the House Committees on Appropriations and Finance and the Senate Committee on Finance and Appropriations which shall include the following information regarding each grant or loan awarded from the Fund during the immediately preceding six-month period for economic development projects: the name of the company that is the business beneficiary of the grant and the type of business in which it engages; the location (county, city, or town) of the project; the amount of the grant committed from the Fund and the amount of all other funds committed by the Commonwealth from other sources and the purpose for which such grants or other funds will be used; the amount of all moneys or funds agreed to be provided by political subdivisions and the purposes for which they will be used; the number of new jobs projected to be created by the business beneficiary; the amount of investment in the project agreed to be made by the business beneficiary; the minimum purchase agreed to be made of Virginia-grown agricultural and forestal products; projected impact on agricultural and forestal producers; the timetable for the completion of the project and new jobs created; the prevailing average wage; and the average wage (excluding fringe benefits) projected to be paid in the new jobs.
2012, cc. 466, 622.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 3.1 - Governor's Agriculture and Forestry Industries Development Fund › § 3.2-310. Agriculture and Forestry Industries Development Planning Grant Program

A. The Governor may award grants from the Fund for the Agriculture and Forestry Industries Development Planning Grant Program to encourage efforts by political subdivisions to support agriculture and forestry.
B. Any funds awarded by the Governor pursuant to this section shall be awarded as reimbursable grants to political subdivisions.
C. The Secretary of Agriculture and Forestry shall develop guidelines for the Planning Grant Program and administer the Program on behalf of the Governor. Such guidelines shall (i) include a requirement that any political subdivision applying for a grant provide matching funds and (ii) state the criteria the Governor will use in evaluating any grant application submitted pursuant to this section. Such guidelines may (a) allow contributions to a project by certain specified entities, such as a nonprofit organization or charitable foundation, to count as eligible local matching funds and (b) accept a reduced match requirement for an economically distressed locality applying for an award.
2020, c. 1220; 2021, Sp. Sess. I, c. 185.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 3.1 - Governor's Agriculture and Forestry Industries Development Fund › § 3.2-311. Local Food and Farming Infrastructure Grant Program

A. The Governor may award grants from the Fund for the Local Food and Farming Infrastructure Grant Program to encourage efforts by political subdivisions to support agriculture and forestry.
B. Any funds awarded by the Governor pursuant to this section shall be awarded as reimbursable grants of no more than $50,000 per grant to political subdivisions to support community infrastructure development projects that support local food production and sustainable agriculture.
C. The Secretary of Agriculture and Forestry shall develop guidelines for the Local Grant Program and administer the Local Grant Program on behalf of the Governor. Such guidelines shall (i) include a requirement that any political subdivision applying for a grant provide matching funds, (ii) require that grants be awarded on a competitive basis, and (iii) state the criteria the Governor will use in evaluating any grant application submitted pursuant to this section. Such guidelines shall favor projects that establish or maintain (a) farmers markets pursuant to Chapter 35 (§ 3.2-3500 et seq.); (b) food hubs; or (c) processing facilities that are primarily locally owned, including commercial kitchens, packaging and labeling facilities, animal slaughtering facilities, or other facilities, and that are primarily utilized for the processing of meats, dairy products, produce, or other products. Such guidelines shall favor projects that create infrastructure in proximity to small-scale agricultural producers.
D. The guidelines developed pursuant to subsection C may (i) allow contributions to a project by certain specified entities, such as a nonprofit organization or charitable foundation, to count as eligible local matching funds and (ii) accept a reduced match requirement for an economically distressed locality applying for an award.
2021, Sp. Sess. I, c. 185; 2022, c. 287.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 3.1 - Governor's Agriculture and Forestry Industries Development Fund › § 3.2-312. Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program

A. The Governor may award grants from the Fund for the Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program to encourage efforts by political subdivisions to support the processing, flash freezing, and infrastructure of invasive blue catfish species.
B. Any funds awarded by the Governor pursuant to this section shall be awarded as reimbursable grants of no more than $250,000 per grant to political subdivisions to support blue catfish processing, flash freezing, and infrastructure projects.
C. The Secretary of Agriculture and Forestry shall develop guidelines for the Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program and administer the Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program on behalf of the Governor. Such guidelines shall (i) require that grants be awarded on a competitive basis, (ii) state the criteria the Governor will use in evaluating any grant application submitted pursuant to this section, and (iii) favor projects that create processing, flash freezing, and infrastructure capacity in proximity to small-scale blue catfish watermen.
D. The guidelines developed pursuant to subsection C may allow contributions to a project by certain specified entities, such as a nonprofit organization or charitable foundation.
2023, cc. 133, 134.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-400. Definitions

As used in this chapter, unless the context requires a different meaning:
"Agricultural activity" means any activity used in the production of food and fiber, including farming, feedlots, grazing livestock, poultry raising, dairy farming, and aquaculture activities.
"Agricultural stewardship plan" or "plan" means a site-specific plan for an agricultural activity to manage, through use of stewardship measures, one or more of the following: soil, water, plants, plant nutrients, pest controls, wastes, and animals.
"Board" means the Soil and Water Conservation Board.
"Complaint" means an allegation made by any person to the Commissioner that an owner's or operator's agricultural activity is creating or, if not changed, will create pollution and that states the location and nature of such agricultural activity.
"District" or "soil and water conservation district" means a political subdivision of the Commonwealth organized in accordance with the provisions of Chapter 5 (§ 10.1-500 et seq.) of Title 10.1.
"Informal fact-finding conference" means an informal fact-finding conference conducted in accordance with § 2.2-4019.
"Operator" means any person who exercises managerial control over any agricultural activity.
"Owner" means any person who owns land where an agricultural activity occurs.
"Pollution" means any alteration of the physical, chemical, or biological properties of any state waters resulting from sedimentation, nutrients, or toxins.
"State waters" means all water, on the surface or in the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction.
"Stewardship measures" or "measures" means measures for controlling the addition of pollutants from existing and new categories and classes of nonpoint sources of pollution that reflect the pollutant reduction achievable through the application of the best available nonpoint pollution control methods, technologies, processes, siting criteria, operating methods, or other alternatives.
"Stewardship measures" or "measures" includes: (i) agricultural water quality protection management measures described in the Virginia Agricultural Best Management Practices Manual; and (ii) agricultural water quality protection management measures contained in the U.S. Department of Agriculture's Natural Resources Conservation Service Field Office Technical Guide.
1996, c. 773, § 10.1-559.1; 2000, c. 973; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-401. Exclusions from chapter

This chapter shall not apply to any agricultural activity to which (i) Article 12 (§ 10.1-1181.1 et seq.) of Chapter 11 of Title 10.1 or (ii) a water-related permit issued by the Department of Environmental Quality applies.
1996, c. 773, § 10.1-559.2; 2008, c. 860; 2022, c. 356.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-404. Right of entry; court enforcement

A. The district or the Commissioner may enter land that is the subject of a complaint, after notice to the owner or operator, to determine whether the agricultural activity is causing or will cause pollution of state waters.
B. Upon failure of any owner or operator to allow the Commissioner entry in accordance with subsection A, to implement stewardship measures in the time specified in a corrective order, or to maintain stewardship measures in accordance with subsection E of § 3.2-402, the Commissioner may present to the circuit court of the county or city where the land is located, a petition asking the court to require the owner or operator to allow the Commissioner entry or to carry out such measures within a specified time. If the owner or operator fails to implement the stewardship measures specified in the court order, the Commissioner may enter the land involved and implement the measures. The Commissioner may recover the costs of implementing the stewardship measures from the owner or operator.
1996, c. 773, § 10.1-559.5; 2000, c. 973; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-405. Appeal

Decisions of the Commissioner may be appealed by persons aggrieved to the Board and thereafter to the circuit court in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The imposition of any civil penalty shall be suspended pending such appeals.
1996, c. 773, § 10.1-559.6; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-406. Penalties; injunctions; enforcement actions

A. Any person violating § 3.2-403 or 3.2-404 shall be subject to a civil penalty not to exceed $5,000 for every violation assessed by the Commissioner or Board. Each day the violation continues is a separate offense. Payments to satisfy such penalties shall be deposited in a nonreverting, special fund to be used by the Department of Conservation and Recreation to provide financial assistance to persons implementing measures specified in the Virginia Agricultural Best Management Practices Manual. No person who has been assessed a civil penalty under this section shall be eligible for such financial assistance until the violation has been corrected and the penalty paid.
B. In determining the amount of any penalty, factors to be considered shall include the willfulness of the violation, any history of noncompliance, the actions of the owner or operator in notifying, containing and cleaning up any discharge, the damage or injury to state waters or the impairment of its uses, and the nature and degree of injury to or interference with general health, welfare and property.
C. The Attorney General shall, upon request, bring an action for an injunction or other appropriate legal action on behalf of the Commissioner or Board to enforce the provisions of this chapter.
1996, c. 773, § 10.1-559.7; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-407. Liens

If a person who is required to pay a civil penalty under this chapter fails to do so, the Commissioner may transmit a true copy of the order assessing such penalty to the clerk of the circuit court of any county or city wherein it is ascertained that the person owing such penalty has any estate; and the clerk to whom such copy is transmitted shall record it, as a judgment is required by law to be recorded, and shall index it in the name of the Commonwealth as well as in the name of the person owing the civil penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property within such locality of the person owing the civil penalty in the amount of the civil penalty. The Commissioner and Board may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a circuit court.
1996, c. 773, § 10.1-559.8; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-408. Guidelines to be published by Commissioner; report

A. In consultation with the districts, the Department of Conservation and Recreation, and interested persons, the Commissioner shall develop guidelines for the implementation of this chapter. These guidelines shall address, among other things, the conduct of investigations, sources of assistance for owners and operators, and intergovernmental cooperation. Within 90 days of the effective date of this section, the Commissioner shall submit the proposed guidelines to the Registrar of Regulations for publication in the Virginia Register of Regulations. At least 30 days shall be provided for public comment after the publication of the proposed guidelines. After the close of the public comment period, the Commissioner shall consider the comments that he has received and may incorporate any changes into the guidelines that he deems appropriate. He shall develop a written summary and analysis of the comments, which shall be made available to the public upon request. Thereafter, the Commissioner shall submit final guidelines for publication in the Register. The guidelines shall become effective on April 1, 1997. The Commissioner may alter the guidelines periodically after his proposed changes have been published in the Register and a public comment period has been provided.
B. The Commissioner shall compile a report by August 31 annually listing the number of complaints received, the nature of each complaint, the actions taken in resolution of each complaint, and any penalties that may have been assessed. The Commissioner shall have the discretion to exclude and keep confidential specific information regarding ongoing investigations. The Commissioner shall: (i) provide the report to the Board, the Department of Conservation and Recreation, and to every district; (ii) publish notice in the Virginia Register that the report is available; and (iii) make the report available to the public upon request.
1996, c. 773, § 10.1-559.9; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-409. Ordinances

A. Any locality may adopt an ordinance creating a complaint, investigation, and agricultural stewardship plan development program. Ordinances adopted hereunder may contain only provisions that parallel §§ 3.2-401 and 3.2-402. No such ordinance shall provide for the imposition of civil or criminal sanctions against an operator or owner who fails to implement a plan. If an owner or operator fails to implement a plan, the local governing body shall submit a complaint to the Commissioner as provided in § 3.2-402.
B. This section shall not apply to any ordinance (i) in existence on July 1, 1996 or (ii) adopted pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.).
1996, c. 773, § 10.1-559.10; 2008, c. 860; 2013, cc. 756, 793.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 4 - Agricultural Stewardship › § 3.2-410. Construction of chapter

Nothing in this chapter shall be construed as duplicative of regulations governing agricultural practices under the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.).
1996, c. 773, § 10.1-559.11; 2008, c. 860; 2013, cc. 756, 793.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 5 - Farmer Major Drought, Flood, and Hurricane Disaster Assistance › § 3.2-500. Definitions

As used in this chapter, unless the context requires a different meaning:
"Farmer" means any person who derives at least 75 percent of his gross income from a farming operation in the Commonwealth as reported on his federal income tax forms the previous year, or a farmer who receives or is eligible to receive a federal loan and who owns or leases land that would be eligible for special tax assessments pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1. It shall not be necessary for any locality to adopt an ordinance pursuant to § 58.1-3231 in order to effectuate the provisions of this section relating to special tax assessments.
"Major disaster" means any hurricane, flood, or drought that would warrant a disaster declaration request by the Governor pursuant to the provisions of Section 301 of Public Law 93-288, 42 U.S.C. § 5141.
1978, c. 837, § 3.1-22.17; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 5 - Farmer Major Drought, Flood, and Hurricane Disaster Assistance › § 3.2-501. Declaration by Governor

The provisions of this chapter shall be effective from the time that the Governor makes a request pursuant to Section 301 of Public Law 93-288, 42 U.S.C. § 5141, until the Governor declares that the effects of the disaster have been abated.
1978, c. 837, § 3.1-22.16; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 5 - Farmer Major Drought, Flood, and Hurricane Disaster Assistance › § 3.2-504. Loans

The Governor or his designee may approve a loan to any farmer who has suffered the effects of a major disaster upon the recommendation of the Commissioner and subject to the following terms and conditions:
1. The assistance provided for in this section shall not be extended unless the farmer has applied for and received approval for a loan exceeding the amount requested pursuant hereto from any federal agency providing disaster relief loans. Upon approval of a loan by such federal agency, the Governor or his designee may approve a loan not to exceed $10,000.
2. The loan shall be available only for operating expenses for the farming operation.
3. No interest shall be charged for the loan.
4. Repayment shall be made within one year or upon receipt of loan funds from any federal agency providing disaster relief, whichever is sooner. The Department may require the farmer to provide sufficient security or to make provision for direct payment from federal lending agencies of the entire amount of the loan made pursuant to this chapter as a condition of granting the loan.
5. A maximum of $10,000 may be loaned any one farmer. The Governor at his discretion may reduce or increase the maximum amount of the loan.
6. The availability of loans provided for in this section shall be based on and subject to the moneys accumulated in the Farmers Major Disaster Fund established in § 3.2-506.
1978, c. 837, § 3.1-22.18; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 5 - Farmer Major Drought, Flood, and Hurricane Disaster Assistance › § 3.2-505. Emergency services

A. The Commissioner may develop and initiate programs of general relief to farmers affected by major disasters and to expend moneys from the Farmers Major Disaster Fund in order to implement such programs. Programs created pursuant hereto shall include but not be limited to the following:
1. Programs to assist farmers in their feed needs including the supplying of feed at cost.
2. Programs to provide supplemental manpower to those state and federal agencies involved in relief efforts to aid farmers.
B. Any locality may develop and initiate a grant program to supply emergency financial assistance to farmers in the locality to offset a portion of any operating losses resulting from a major disaster as declared by the Governor pursuant to § 44-146.17.
1978, c. 837, § 3.1-22.19; 2000, c. 16; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 5 - Farmer Major Drought, Flood, and Hurricane Disaster Assistance › § 3.2-506. Farmers Major Disaster Fund established

There is hereby created in the state treasury a special nonreverting fund to be known as the Farmers Major Disaster Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys allocated by the Governor from appropriations made to the Governor for disaster planning and operations pursuant to the declaration of the state disaster under Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of emergency services programs pursuant to § 3.2-505 and all loans made pursuant to this chapter. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.
1978, c. 837, § 3.1-22.20; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 6 - Return and Future Administration of Assets of Virginia Rural Rehabilitation Corporation › § 3.2-600. Commissioner designated to apply for and receive trust assets held by United States

The Commissioner is designated as the Commonwealth official to make application to and receive from the U.S. Department of Agriculture, or any other proper federal official, pursuant and subject to the provisions of the federal Rural Rehabilitation Corporation Trust Liquidation Act (40 U.S.C. § 440 et seq.), the trust assets, either funds or property, held by the United States as trustee on behalf of the Virginia Rural Rehabilitation Corporation.
Code 1950, § 3-27.1; 1952, c. 118; 1966, c. 702, § 3.1-23; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 6 - Return and Future Administration of Assets of Virginia Rural Rehabilitation Corporation › § 3.2-601. Agreements of Commissioner with U.S. Department of Agriculture

The Commissioner, with the advice of the Board, may enter into agreements with the U.S. Department of Agriculture pursuant to § 2 (f) of the federal Rural Rehabilitation Corporation Trust Liquidation Act (40 U.S.C. § 440 et seq.), upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the U.S. Department of Agriculture to accept, administer, expend, and use in the Commonwealth all or any part of such trust assets for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as now or hereafter amended, and may do any and all things necessary to effectuate and carry out the purposes of said agreements.
Code 1950, § 3-27.2; 1952, c. 118; 1966, c. 702, § 3.1-24; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 6 - Return and Future Administration of Assets of Virginia Rural Rehabilitation Corporation › § 3.2-602. Virginia Farm Loan Revolving Account

Notwithstanding any other provisions of law, funds and the proceeds of the trust assets that are not authorized to be administered by the U.S. Department of Agriculture under the provisions of § 3.2-601 shall be paid to and received by the Commissioner and by him paid into the state treasury for credit to an account to be known as the "Virginia Farm Loan Revolving Account." The entire amount so received, together with any moneys appropriated for such purposes, is hereby appropriated out of the Virginia Farm Loan Revolving Account for expenditure by the Commissioner for such of the rural rehabilitation purposes permissible under the charter of the now dissolved Virginia Rural Rehabilitation Corporation, as may from time to time be agreed upon by the Commissioner and the U.S. Department of Agriculture, subject to the applicable provisions of the federal Rural Rehabilitation Corporation Trust Liquidation Act (40 U.S.C. § 440 et seq.), or for the purposes of § 3.2-601. Such expenditure shall be paid by the State Treasurer on warrants of the Comptroller issued on vouchers signed by the Commissioner.
Code 1950, § 3-27.3; 1952, c. 118; 1966, c. 702, § 3.1-25; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 6 - Return and Future Administration of Assets of Virginia Rural Rehabilitation Corporation › § 3.2-603. Further powers of Commissioner; delegation to Secretary of Agriculture

The Commissioner may:
1. Collect, compromise, adjust, or cancel claims and obligations arising out of or administered under this chapter or under any mortgage, lease, contract, or agreement entered into or administered pursuant to this chapter and, if in his judgment necessary and advisable, pursue the same to final collection in any appropriate court;
2. Bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property where the Commissioner has a lien by reason of judgment or execution, or that is pledged, mortgaged, conveyed, or otherwise secures any loan or other indebtedness owing to or acquired by the Commissioner under this chapter; and
3. Accept title to any property so purchased or acquired; to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of this chapter.
The authority herein contained may be delegated to the U.S. Department of Agriculture with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to § 3.2-601.
Code 1950, § 3-27.4; 1952, c. 118; 1966, c. 702, § 3.1-26; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 6 - Return and Future Administration of Assets of Virginia Rural Rehabilitation Corporation › § 3.2-604. Liability of the U.S. Department of Agriculture

The United States and the Secretary of Agriculture thereof shall be held free from liability by virtue of the transfer of assets to the Commissioner pursuant to this chapter.
Code 1950, § 3-27.5; 1952, c. 118; 1966, c. 702, § 3.1-27; 2008, c. 860.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.