reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 45 - Grading, Packing, and Marking of Apples › § 3.2-4503. Packing in used containers

When apples are packed in used containers, any markings pertaining to previous contents of such containers shall be obliterated by the producer or packer and the markings required under this chapter shall be substituted.
Code 1950, § 3-512.3; 1954, c. 697; 1966, c. 702, § 3.1-613; 1999, c. 793; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 45 - Grading, Packing, and Marking of Apples › § 3.2-4504. Prima facie evidence of being offered or transported for sale

When containers of apples are placed in transit for sale or delivery or delivered for storage, such transit or delivery shall be prima facie evidence that the apples are offered or transported for sale.
Code 1950, § 3-512.4; 1954, c. 697; 1966, c. 702, § 3.1-614; 1999, c. 793; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 45 - Grading, Packing, and Marking of Apples › § 3.2-4505. Enforcement of chapter

The Commissioner may:
1. Enter and inspect all places within the Commonwealth where apples are produced, packed or stored for sale, shipped, delivered for shipment, offered or exposed for sale, or sold, and to inspect all apples, containers and equipment found in any such places.
2. Institute injunction proceedings for violations of any provision of this chapter or regulation adopted hereunder in any circuit court in any county or city of the Commonwealth where apples may be found improperly marked in violation of any provision of this chapter, either through the attorney for the Commonwealth or otherwise.
3. Prohibit in writing the movement in intrastate, interstate or foreign commerce of any apples found improperly marked in violation of any provision of this chapter or regulation adopted hereunder until such apples are properly marked and released in writing by the Commissioner.
Code 1950, § 3-512.6; 1954, c. 697; 1966, c. 702, § 3.1-616; 1999, c. 793; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 45 - Grading, Packing, and Marking of Apples › § 3.2-4506. Penalty for violation

A. Any person, except a contract or common carrier, who moves or causes to be moved any apples, the movement of which has been prohibited in writing as provided in § 3.2-4505, is guilty of a Class 1 misdemeanor.
B. Any person who violates any provision of this chapter is guilty of a Class 1 misdemeanor.
Code 1950, § 3-512.7; 1954, c. 697; 1966, c. 702, § 3.1-617; 1999, c. 793; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4600. Definitions

As used in this chapter, unless the context requires a different meaning:
"Controlled atmosphere storage" or "CA" means any storage warehouse consisting of one or more rooms in any one facility in which atmosphere gases are controlled in their amount and in degrees of temperature for the purpose of controlling the condition and maturity of fruit.
"Fruit" means any apples and peaches.
Code 1950, § 3-710; 1964, c. 214; 1966, c. 702, § 3.1-991; 1997, c. 179; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4601. Regulations

The Board may adopt regulations, after consultation with the Board of Directors of the Virginia State Horticultural Society or the Virginia Apple Growers Association, that:
1. Prescribe components of the atmosphere required including the maximum amount of oxygen that may be retained in a sealed controlled atmosphere storage warehouse;
2. Determine the length of time, not to be less than 60 days and not to exceed 10 months, and the degrees of temperature at which fruit shall be retained in controlled atmosphere storage before they shall be classified as having been stored in controlled atmosphere storage; and
3. Prescribe grade and condition standards applicable to CA apples.
Code 1950, § 3-716; 1964, c. 214; 1966, c. 702, § 3.1-997; 1973, c. 199; 1997, c. 179; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4602. Operators of warehouses may register with Commissioner; expiration of registration

Any person engaging in the operation of a controlled atmosphere storage warehouse may register with the Commissioner. Such registration shall expire on August 31 of each year.
Code 1950, § 3-713; 1964, c. 214; 1966, c. 702, § 3.1-994; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4603. Application for registration; when Commissioner to register applicant

A. Application for registration to operate a controlled atmosphere storage warehouse shall be on a form prescribed by the Commissioner and shall include the following:
1. The full name of the person applying for registration;
2. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the name of the officers of the association or corporation shall be given on the application;
3. The principal business address of the applicant;
4. The name of a person domiciled in the Commonwealth authorized to receive and accept service or legal notices of all kinds;
5. The storage capacity, by cubic capacity or volume, of each controlled atmosphere storage warehouse the applicant intends to operate;
6. The kind of fruits to be placed in controlled atmosphere storage; and
7. Any other information prescribed by the Commissioner necessary to carry out the provisions of this chapter.
B. The Commissioner shall register an applicant if he determines that the applicant has satisfied the requirements of this chapter and the regulations adopted hereunder.
C. The Commissioner, when issuing a registration to an applicant, shall include a warehouse number that shall be preceded by the letters "VA-CA."
Code 1950, §§ 3-714, 3-718; 1964, c. 214; 1966, c. 702, §§ 3.1-995, 3.1-999; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4604. Owner or buyer may apply for inspection and certification of fruits

Any owner or, with the consent of the owner, a proposed buyer of any fruits, subject to the provisions of this chapter may apply to the Commissioner for inspection and certification that such fruits meet the requirements provided for in this chapter or regulations adopted hereunder.
Code 1950, § 3-719; 1964, c. 214; 1966, c. 702, § 3.1-1000; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4605. Fees

The Board shall prescribe the fees to be charged to the registrant or owner for the inspection and certification of any fruits subject to the provisions of this chapter or regulations adopted hereunder. In no case shall the fees exceed the fees charged for inspection of fruit not under CA storage. If the inspection fees payable under this chapter are not paid within 30 days from the date of billing, the Commissioner may withdraw inspection or refuse to perform any inspection or certification services for the person in arrears. The Commissioner may demand and collect inspection and certification fees prior to inspecting and certifying any fruits for such person.
Code 1950, § 3-720; 1964, c. 214; 1966, c. 702, § 3.1-1001; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4606. Disposition of funds

All moneys collected under the provisions of this chapter for the inspection and certification of any fruits subject to the provisions of this chapter shall be handled and deposited in the manner provided for in subsection B of § 3.2-3400, for the handling of inspection and certification fees derived from the inspection of any agricultural products.
Code 1950, § 3-722; 1964, c. 214; 1966, c. 702, § 3.1-1003; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4607. Fruit represented as exposed to controlled atmosphere storage to meet requirements of chapter

It is unlawful for any person to sell, offer for sale, hold for sale, or transport for sale any fruits represented as having been exposed to controlled atmosphere storage or to use any such terms or form of words or symbols of similar import unless such fruits have been stored in controlled atmosphere storage that complies with the requirements of this chapter or regulations adopted hereunder.
Code 1950, § 3-711; 1964, c. 214; 1966, c. 702, § 3.1-992; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4608. Inspection and certification of fruit by Commissioner

It is unlawful for any person to place or stamp the letters "CA" or a similar designation in conjunction with a number upon any container or subcontainer of any fruits, unless:
1. The Commissioner has inspected such fruits and validated a certificate stating their condition, that they were stored in a warehouse registered under the provisions of this chapter and that they meet all other requirements of this chapter or regulations adopted hereunder; and
2. A certificate number and certificate date is affixed to all shipping documents.
Code 1950, § 3-712; 1964, c. 214; 1966, c. 702, § 3.1-993; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4609. Denial, suspension or revocation of registration

The Commissioner may deny, suspend or revoke registration provided for in § 3.2-4602 after a hearing, in any case in which he finds that there has been a failure or refusal to comply with the provisions of this chapter or regulations adopted hereunder. All regulations, actions, and hearings for a denial, suspension or revocation of the registration shall be subject to the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2.
Code 1950, § 3-717; 1964, c. 214; 1966, c. 702, § 3.1-998; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4610. Inspection certificate prima facie evidence of facts stated

Every inspection certificate issued by the Commissioner under the provisions of this chapter shall be received in all courts of the Commonwealth as prima facie evidence of the facts stated therein.
Code 1950, § 3-721; 1964, c. 214; 1966, c. 702, § 3.1-1002; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4611. Evidence that fruits are offered or transported for sale

When packages of fruits are placed in transit for sale or delivery or delivered for storage, such transit or delivery shall be prima facie evidence that the fruits are offered or transported for sale.
Code 1950, § 3-723; 1964, c. 214; 1966, c. 702, § 3.1-1004; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4612. Actions to enjoin violations

The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any regulation adopted hereunder in the circuit court having jurisdiction in the county or city where such violation occurs or is about to occur, notwithstanding the existence of any other remedies of law.
Code 1950, § 3-724; 1964, c. 214; 1966, c. 702, § 3.1-1005; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 46 - Controlled Atmosphere Storage of Apples and Peaches › § 3.2-4613. Violations of chapter and regulations

Any person violating the provisions of this chapter or regulations adopted hereunder is guilty of a Class 1 misdemeanor.
Code 1950, § 3-726; 1964, c. 214; 1966, c. 702, § 3.1-1007; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4700. Definitions

As used in this chapter, unless the context requires a different meaning:
"Director" means the Director of the Division of Marketing.
"Division" means the Division of Marketing of the Department of Agriculture and Consumer Services.
Code 1950, § 3-526; 1966, c. 702, § 3.1-685; 1978, c. 396; 1993, c. 115; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4701. Division of Marketing; administration; appointment of Director and assistants; responsibilities

A. The Division is hereby established within the Department, and shall be administered under the supervision of the Commissioner by the Director, who shall be qualified for the performance of his duties by training and experience.
B. The Division shall:
1. Promote the economical handling, packing, storage, distribution, and sale of agricultural products in the Commonwealth; and
2. Assist producers and consumers in selling and purchasing agricultural products at a fair and reasonable price.
Code 1950, § 3-526; 1966, c. 702, § 3.1-685; 1978, c. 396; 1993, c. 115; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4702. Powers and duties of Director

In the administration of the Division, the Director, under the supervision of the Commissioner:
1. Shall investigate: (i) the cost of food production and marketing; (ii) the market demand for the products of Virginia farms; (iii) the proximity of producers to the most profitable markets for their products; (iv) the transportation facilities; and (v) the most advantageous methods of packing, storing, and standardizing agricultural products;
2. Shall conduct analyses to determine whether the agricultural products of the Commonwealth are being subjected to unfair competition from agricultural products or manufactured substitutes;
3. May assist in the organization of cooperatives among producers and consumers, for the purpose of promoting and conserving the interest of producers of agricultural products in the sale and distribution of such products, and in the purchase of their necessary supplies;
4. May cooperate with federal officials, national, district, and state committees and supervisory bodies in enforcing codes and marketing agreements adopted under the federal Agricultural Adjustment Act (7 U.S.C. § 1281 et seq.) or other similar acts of Congress;
5. May enter into agreements with federal officials, national, district, or state committees or supervisory bodies for carrying out the provisions of this section or the Federal Agricultural Adjustment Act or other similar acts of Congress;
6. May appoint, supervise, and dismiss as inspectors or representatives of the Division those employees of his office as he may deem necessary for the enforcement and carrying out the purposes of subdivisions 4 through 7; and
7. May receive from the federal department or its subdivisions, national, district or state committees or supervisory bodies, or from other sources, fees or moneys for carrying out the purposes of subdivisions 4 through 7, deposit them in the state treasury, and expend such moneys for carrying out the purposes of these subdivisions.
Code 1950, §§ 3-527, 3-531; 1966, c. 702, §§ 3.1-686, 3.1-690; 1993, c. 115; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4703. Cooperation of U.S. Department of Agriculture

In carrying out the provisions of this chapter, the Division shall endeavor to secure the cooperation and assistance of the U.S. Department of Agriculture. It shall analyze: (i) the methods suggested by the U.S. Department of Agriculture for the promotion of economical and efficient marketing of agricultural products; and (ii) statistical information applicable to the marketing of Virginia agricultural products. When it is advisable and not inconsistent with the requirements of this chapter or of any other law of the Commonwealth, the Division shall endeavor to adopt any methods of marketing that may be suggested by the U.S. Department of Agriculture.
Code 1950, § 3-530; 1966, c. 702, § 3.1-689; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4704. Regulations

The Board may adopt any marketing agreement approved by federal officials under the federal Agricultural Adjustment Act (7 U.S.C. § 1281 et seq.) and similar acts of Congress.
1993, c. 115, § 3.1-690.1; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4705. Division to disseminate information

The Division of Marketing shall gather and disseminate information on all subjects relating to the marketing and distribution of Virginia agricultural products, and shall keep producers and consumers informed of the demand and supply and at what markets the various agricultural products can be best handled or procured. The Division shall: (i) publish periodical bulletins that provide the current market prices for Virginia agricultural products in the principal markets of the Commonwealth, and in other markets accessible for the disposition of such products; and (ii) when advisable, provide information as to the available supplies of agricultural products the demand in several markets for such products. The Division may also prepare and distribute bulletins describing the most efficient and economical methods of standardization, storage, packing, transportation, and marketing of agricultural products. The Division shall determine the sources of supply of agricultural products and prepare and publish lists of the names and addresses of producers and consignors and supply this information to interested persons.
Code 1950, § 3-528; 1966, c. 702, § 3.1-687; 1993, c. 115; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4706. Finding markets for producers

When notified by producers that agricultural products produced in the Commonwealth cannot be sold or will have to be sacrificed for lack of a ready market, the Division shall investigate and make suggestions to the producers, and may assist the producers in any practicable manner in finding a satisfactory market for the products in question.
Code 1950, § 3-529; 1966, c. 702, § 3.1-688; 1993, c. 115; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4707. Investigation and correction of improper practices

The Division shall investigate delays, improper conditions, overcharges, and unfair rates in the transportation of agricultural products, and may institute proceedings in the appropriate courts for the abatement or redress of such injuries; and may institute proper proceedings to prevent restraint of trade or unlawful combinations to fix prices.
Code 1950, § 3-529; 1966, c. 702, § 3.1-688; 1993, c. 115; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4708. Penalty

Any person violating any provision of this article, a regulation or marketing agreement adopted pursuant thereto, is guilty of a Class 3 misdemeanor.
1993, c. 115, § 3.1-690.2; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4709. Definitions

As used in this article, unless the context requires a different meaning:
"Auction market," "livestock auction market," "livestock sales ring," "livestock auction," or "livestock auction ring" means a place or establishment operated for compensation or profit as a private or public market, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held for sale or where livestock is sold or offered for sale either privately or at public auction.
"Commission merchant" means any person, who: (i) operates an auction market; (ii) receives farm products for sale on commission or contracts with the producer for farm products sold on commission or for a fee; (iii) accepts in trust from the producer for the purpose of sale; (iv) sells or offers for sale on commission; (v) solicits consignments of any kind of farm products; or (vi) handles the account of or as an agent of the producer any kind of farm products. No person shall be deemed to be an agent of the producer unless a specific price has been agreed upon by both parties before shipment or delivery by the producer for resale.
"Commission merchant" shall not include: (i) any cooperative corporation or association that is subject to the provisions of Article 2 (§ 13.1-312 et seq.) of Chapter 3 of Title 13.1; (ii) any association or organization of farmers, including produce exchanges, not incorporated under or subject to the provisions of Article 2 (§ 13.1-312 et seq.) of Chapter 3 of Title 13.1, organized and maintained by farmers for mutual help in the marketing of their produce and not for profit; (iii) any person buying vegetables, viticulture, or horticultural farm products for the purpose of reselling these products in dried, canned, or other preserved form; (iv) the sale of farm produce at public auction by a licensed auctioneer, acting as the agent of another to whom such farm produce is consigned; (v) the sale by sheriffs and other officers and fiduciaries and court officials; (vi) seed sold at retail; or (vii) persons licensed pursuant to the provisions of Article 3 (§ 3.2-4738 et seq.) of this chapter.
"Farm produce" or "farm products" means horticultural, viticulture, forestry, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
"Licensee" means any person who has been granted a license to operate, conduct, or carry on the business of a commission merchant.
Code 1950, § 3-534; 1966, c. 702, § 3.1-692; 1975, c. 505; 1977, c. 21; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4710. Certain activities exempt from article

The provisions of this article shall not apply to: (i) the premises of any butcher, packer, or processor who receives livestock exclusively for immediate slaughter; (ii) farm sales; (iii) sales by 4-H clubs; or (iv) sales by livestock breeders' associations or by exposition societies.
Code 1950, § 3-534; 1966, c. 702, § 3.1-692; 1975, c. 505; 1977, c. 21; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4711. License required; application for license to be in writing; contents

A. Every person who operates, conducts, or carries on the business of a commission merchant shall obtain a license.
B. Application for license shall be made to the Commissioner in writing, signed and sworn to by the applicant.
C. The application shall include:
1. The name of the locality where the business of commission merchant is to be conducted, the street and number of the building if practicable, and the nature of the products that will be handled by the applicant;
2. If made by a partnership, the full names of each of the partners comprising the partnership, and their respective addresses, and the firm or trade name under which the business is to be conducted;
3. If made by a corporation, whether it is domestic or foreign, the amount of its capital stock as provided in its articles of incorporation, the amount of its capital stock fully paid in, and the names of its officers and those persons authorized to receive and accept service of process and legal notices of all kinds for the applicant.
D. If requested by the Commissioner, an applicant shall demonstrate his character, responsibility, and good faith in seeking to carry on a commission merchant's business within the Commonwealth.
Code 1950, §§ 3-536, 3-537; 1966, c. 702, §§ 3.1-694, 3.1-695; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4712. Fee and bond to accompany license

Applications shall be accompanied by a license fee of $10, and a good and sufficient bond, approved by the Commissioner, in the amount of $3,000 for all applications other than for livestock auction markets, in which case the application, together with the fee, shall be accompanied by a bond in the sum of $5,000, when the average daily gross commission business is $5,000 or less, with $1,000 added to the bond for each additional $5,000 average daily gross commission business done for the previous year with a maximum bond of $10,000 that entitles the applicant to a license to expire on December 31.
Code 1950, § 3-538; 1952, c. 387; 1966, c. 702, § 3.1-696; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4713. Applications for renewal licenses

Each licensee shall renew his license. The renewal license shall expire one year from the date of expiration of the old license. The renewal application shall be accompanied by evidence of payment of the renewal premium continuing the bond in full force and effect, and the payment of a fee of $10 on or before the first day of January following the date of expiration of the previous license. All applications for renewal licenses shall be made in the same manner as application for original license.
Code 1950, § 3-539; 1966, c. 702, § 3.1-697; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4714. Disposition of sums received for licenses

All sums received by the Commissioner for such license fees shall be paid into the state treasury to the credit of the general fund.
Code 1950, § 3-540; 1966, c. 702, § 3.1-698; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4715. Certified copy of license; fee; posting of license during sale periods

A certified copy of an issued license may be obtained by the holder of the original upon payment of a fee of $1, and the original or a certified copy of the license shall be posted during sale periods in a conspicuous place on the premises where the business is conducted.
Code 1950, § 3-553; 1966, c. 702, § 3.1-711; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4716. Bond not required for certain auction sales of livestock

No bond shall be required of any person operating a livestock auction market or stockyard that has been posted by the U.S. Department of Agriculture and is being operated under and pursuant to the terms and provisions of the Packers and Stockyards Act of 1921 (42 Stat. 159), as amended.
Code 1950, § 3-541; 1960, c. 250; 1966, c. 702, § 3.1-699; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4717. Agreements with U.S. Department of Agriculture; powers and duties of Commissioner as to bonds filed with U.S. Department of Agriculture

The Commissioner may enter into agreements with the U.S. Department of Agriculture as are necessary to effectuate the purposes of the Packers and Stockyards Act of 1921 (42 Stat. 159), as amended. The Commissioner may act as trustee of the bonds or other security filed with the U.S. Department of Agriculture, and in such capacity the Commissioner may: (i) settle, allow or reject claims arising against the bonds or other security; (ii) rely on the investigative reports and recommendations of the U.S. Department of Agriculture; and (iii) use the administrative powers and processes of this article to settle claims. The Commissioner may institute and prosecute suits or actions in the name of the Commonwealth on behalf of claimants known and approved by the Commissioner in any appropriate court. The Commissioner may appeal a decision of any court that is contrary to any distribution recommended or authorized by him.
1976, c. 44, § 3.1-699.1; 1985, c. 354; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4718. Execution and terms of bond; action thereon

The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in the Commonwealth as surety or by such personal surety as may be approved by the circuit court of the locality where the applicant resides or has his principal office. The bond shall be conditioned upon compliance with the provisions of this article and upon the faithful and honest handling of farm products in accordance with the terms of this article. The bond shall be to the Commonwealth in favor of every consignor of farm products. Any consignor of farm products claiming to be injured by the fraud, deceit or negligence of any commission merchant may bring action upon the bond against either the principal, or the surety, or both in an appropriate court to recover the damages caused by such fraud, deceit or negligence, or the failure to comply with the provisions of this article, or to make prompt and accurate settlement with the consignor.
Code 1950, § 3-542; 1966, c. 702, § 3.1-700; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4719. Duties and powers of Commissioner with respect to bonds

The Commissioner may accept the proceeds from any bond and deposit the proceeds in the state treasury at interest in favor of the bond claimants. The Commissioner may institute and prosecute suits or actions in the name of the Commonwealth on behalf of claimants approved by him in any appropriate court for any purpose in connection with the collection or distribution of the bond or its proceeds. It shall be the duty of any person having a claim against a commission merchant to notify the Commissioner of his claim. The Commissioner shall have no duty to prosecute any claim unless he has received such notice and believes the claim is valid. If the Commissioner believes the claim to be invalid, he shall notify the claimant. The claimant shall then have his remedy pursuant to § 3.2-4718. The Commissioner may appeal a decision of any court that is contrary to any distribution recommended or authorized by him.
1985, c. 354, § 3.1-700.1; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4720. Schedule of commissions and charges to be filed

The applicant shall file with the Commissioner at the time of furnishing the bond a schedule of his maximum commissions and charges for service in connection with the produce handled on account of or as agent for the parties. Such commissions and charges shall not be changed for one year thereafter, except by a written contract between the commission merchant and the consignors of farm products. A person operating a livestock auction market or stockyard that has been posted by the U.S. Department of Agriculture and is being operated pursuant to the provisions of the Packers and Stockyards Act of 1921 (42 Stat. 159), as amended, may change his schedule of maximum commissions and charges if such changes are filed with the U.S. Department of Agriculture and are approved. These changes shall be posted with the Commissioner.
Code 1950, § 3-543; 1966, c. 702, § 3.1-701; 1968, c. 306; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4721. Investigation of transactions by Commissioner

The Commissioner, upon the verified complaint of any interested party shall, or upon his own motion may, investigate:
1. Any transaction involving solicitation, receipt, sale, or attempted sale of farm products by any person acting or attempting to act as a commission merchant;
2. The failure of any commission merchant to make proper and true account of sales and settlement as required in this article;
3. Any transaction in which produce consigned to a commission merchant is disposed of to a person composed substantially of the same persons as stockholders, members, or others, who compose the commission merchant;
4. The intentional making of false statements by a commission merchant as to condition, grade, or quality of any farm products received or in storage;
5. The intentional making of false statements by a commission merchant as to market condition;
6. The failure of any commission merchant to make payment for farm products within the time required by this article; or
7. Any other injurious transaction arising out of the sale of farm produce on commission.
Code 1950, § 3-544; 1966, c. 702, § 3.1-702; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4722. Complaint to Commissioner by consignor; Commissioner's action

A. When a consignor of farm products to a commission merchant files a complaint with the commission merchant within 90 days after date of sale, and has failed to obtain a satisfactory settlement of the complaint within 10 days after the filing of the complaint, a complaint setting forth the facts may be filed with the Commissioner, who shall undertake a settlement of the matter.
B. If the Commissioner is unable to settle the matter to the satisfaction of the parties involved, within a reasonable time, he shall, after giving the parties at least five days' notice as to time and place, proceed to hear evidence concerning the matter. The hearing shall occur in the city or town where the business of the commission merchant is located or where the transaction complained of occurred, or at the option of the parties, in such other place as they may mutually agree. The Commissioner shall either dismiss the complaint or enter an order against the commission merchant to afford the consignor relief. Any such order shall be complied with within the time specified by the Commissioner but shall not be less than five days.
Code 1950, §§ 3-545, 3-546; 1966, c. 702, §§ 3.1-703, 3.1-704; 1976, c. 164; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4723. Right of entry; administration of oaths; testimony

The Commissioner may:
1. Conduct investigations relative to the complaint or matter being investigated, and he shall have at all times unimpeded access to all buildings, yards, warehouses, storage and transportation facilities in which any farm products are kept, stored, handled, or transported;
2. Administer oaths and take testimony, and issue subpoenas requiring the attendance of witnesses before him, together with all books, memoranda, papers, and other documents, articles or instruments; and
3. Compel the disclosure by witnesses of all facts known to them relative to the matters under investigation.
Code 1950, §§ 3-547, 3-548; 1966, c. 702, §§ 3.1-705, 3.1-706; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4724. Grounds for refusal or revocation of license

The Commissioner may refuse to grant a license, delay the issuance of a license, or revoke any license when he finds that:
1. A money judgment that has been entered against a commission merchant has not been satisfied;
2. False, fraudulent, or improper charges or returns have been made by the licensee for the handling, sale, or storage of farm products, or for the rendering of any related service;
3. The licensee has failed to render a true account of sales, or to settle promptly and within the time and in the manner required by this article;
4. The licensee has made false or misleading statements as to the grade, condition, quality or quantity of farm products received, handled, stored or held by him for sale on commission;
5. The licensee has made false or misleading statements as to market conditions;
6. There has been a combination to fix prices;
7. The licensee has, directly or indirectly, purchased for his or its own account farm products received by him or it, upon consignment, without prior authority from consignor in writing and at a fixed price agreed to by the consignor. This subdivision shall not apply to operators of livestock auction markets who are prohibited from purchasing consigned livestock under the federal Packers and Stockyards Act of 1921 (42 Stat. 159), as amended;
8. The licensee has made fictitious sales or has been guilty of collusion to defraud the consignor;
9. The licensee has reconsigned the farm products to another person without first obtaining the written consent of the consignor or written notice has not been given by the licensee to consignor that all or a part of the shipment was reconsigned;
10. The licensee sells farm products consigned to him or it, to another person owned or controlled by the licensee, or in which the licensee may have a financial or other interest, either directly or indirectly, and no notice has been given, in writing, to the consignor by the licensee that all or a part of such shipment was sold to a person in which the licensee has a financial or other interest;
11. The licensee was intentionally guilty of fraud or deception in the procurement of the license;
12. The licensee has failed to file with the Commissioner a schedule of his maximum commissions and other charges for services for the produce handled on account of or as agent of another as prescribed in this article, prior to the first day of February of each year;
13. The licensee has failed to obey and comply with any order of the Commissioner entered pursuant to the provisions of subsection B of § 3.2-4722 within the time specified in such order, or in the case of an appeal within 10 days of the time the Commissioner's order became final;
14. The licensee has failed to comply with any assurance the Commissioner has required pursuant to subsections C and D of § 3.2-4711; or
15. The licensee, his agents, contractors, or employees are guilty of violating any provision of this section.
Code 1950, § 3-551; 1966, c. 702, § 3.1-709; 1979, c. 389; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4725. Publication of revocation

When a license is revoked, a notice of the revocation and the reason for the revocation shall be published once a week for two successive weeks in one or more daily papers selected by the Commissioner and the Department shall post notice of the revocation on its website for a period of two weeks from the date of the revocation.
Code 1950, § 3-552; 1966, c. 702, § 3.1-710; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4726. Failure to comply with orders of Commissioner constitutes contempt

All parties disobeying the orders or subpoenas of the Commissioner are guilty of contempt and shall be certified to an appropriate court for punishment.
Code 1950, § 3-549; 1966, c. 702, § 3.1-707; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4727. Copies of papers in Commissioner's office as prima facie evidence

Copies of all records, inspection certificates, certified reports and all papers on file in the office of the Commissioner shall be prima facie evidence of the matter contained.
Code 1950, § 3-550; 1966, c. 702, § 3.1-708; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4728. Appeal from orders and actions of Commissioner

Any action of the Commissioner: (i) entering any order pursuant to subsection B of § 3.2-4722; (ii) refusing to grant a license; (iii) revoking a license already granted to a commission merchant; or (iv) refusing to renew a license, shall be subject to the right of appeal in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
Code 1950, § 3-554; 1966, c. 702, § 3.1-712; 1976, c. 164; 1986, c. 615; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4729. Records to be kept by commission merchant

Every commission merchant, having received any farm products for sale on commission, shall promptly maintain a complete and true record, showing in detail the following with reference to the handling, sale, or storage of such farm products:
1. The name and address of the consignor;
2. The date received;
3. The condition, grade, and quantity on arrival;
4. The date of such sale for the account of the consignor;
5. The sale price;
6. An itemized statement of the charges to be paid by the consignor in connection with the sale;
7. A lot number or other identifying mark that shall appear on all sales tags or tickets or on any other essential records needed to show the sale price of the products; and
8. Records of auction sales of farm produce or farm products, including sales tags, tickets, or bills, which shall be sequentially numbered and each such sequentially numbered record shall be properly accounted for in the operations of the commission merchant. Any record that is altered shall bear the full signature of the person authorized to make, and who is responsible for, the alteration.
Code 1950, § 3-555; 1966, c. 702, § 3.1-713; 1979, c. 389; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4730. Detailed statements shall be kept of claims for overcharges or damages filed by commission merchant for consignor

A detailed statement shall be kept of the filing of any claim that has or may be filed by the commission merchant against any person for overcharges or for damages resulting from the injury or deterioration of farm products by the act, neglect, or failure of such person. Such records shall be open for inspection by the Commissioner and the consignor of farm products for whom such claim is made. The money returns, if any, collections, or damages received by the commission merchant for and on behalf of consignor of farm products by reason of the overcharges, damages or deterioration shall immediately be paid to the consignor of farm products less charges for collection, in accordance with the schedule of charges filed under § 3.2-4720.
Code 1950, § 3-556; 1966, c. 702, § 3.1-714; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4731. Record and account, together with remittance for each sale, to be delivered to consignor

A copy of the record and account of sales of farm products, together with remittances in full of the amount realized by such sales, less the agreed upon commissions and other charges, shall be delivered to the consignor upon the completion of the sale. All moneys received by the commission merchant in payment for any consignment of farm products, less the agreed upon commission and other charges, shall be paid to the consignor within 10 days after receipt of the moneys by the commission merchant, unless otherwise agreed in writing. The names and addresses of purchasers need not be given unless demanded in cases of complaint.
Code 1950, § 3-557; 1966, c. 702, § 3.1-715; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4732. Copies of records to be kept by commission merchant

Every commission merchant shall retain a copy of all records, including sales tags or tickets, account of sales, or other records covering each transaction for a period of three years from the date of the transaction. The copy shall at all times be available for, and open to, confidential inspection by the Commissioner, and the interested consignor or his authorized representative.
Code 1950, § 3-558; 1966, c. 702, § 3.1-716; 1968, c. 306; 1979, c. 389; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4733. Certificate establishing condition, quality, and grade to be furnished by Commissioner in event of dispute

If there is a dispute or disagreement between a consignor and a commission merchant arising at the time of delivery as to condition, quality, grade, pack, quantity or weight of any lot, shipment or consignment of farm products, the Commissioner shall furnish, upon the payment by the requesting party of the necessary expenses, a certificate establishing the condition, quality, grade, pack, quantity or weight of such lot, shipment, or consignment. The certificate shall be prima facie evidence in all courts of the Commonwealth as findings at the time such inspection was made. The burden of proof shall be upon the commission merchant to prove the correctness of his accounting as to any transaction that may be questioned.
Code 1950, § 3-559; 1966, c. 702, § 3.1-717; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4734. Duty of attorney for the Commonwealth

It shall be the duty of the attorney for the Commonwealth to prosecute all violations of this article.
Code 1950, § 3-561; 1966, c. 702, § 3.1-719; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4735. Venue

Civil suits and criminal prosecutions arising by virtue of any provision of this article may be commenced and tried in: (i) the city or county where the products were received by the commission merchant; (ii) the city or county where the principal place of business of the commission merchant is located within the Commonwealth; or (iii) the city or county where the violation occurred.
Code 1950, § 3-562; 1966, c. 702, § 3.1-720; 2008, c. 860.
2023 Code of Virginia › Title 3.2 - Agriculture, Animal Care, and Food › Chapter 47 - Sale of Farm Produce › § 3.2-4736. License required

A. It is unlawful for any person to act as, operate, or carry on the business of a commission merchant without first obtaining a license.
B. Any person who violates this section is guilty of a Class 1 misdemeanor.
Code 1950, § 3-535; 1966, c. 702, § 3.1-693; 2008, c. 860.