reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-40 - Regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any life
				stage of the Spotted Lanternfly, Lycorma delicatula, is regulated under the
				provisions of this chapter.
B. The
				following articles, when such articles have been stored, packed, or handled in
				a manner that poses a risk of Spotted Lanternfly infestation, are regulated
				under the provisions of this chapter:
1. All
				plants or plant parts, including the following: live or dead trees; nursery
				stock; green lumber; firewood; logs; perennial plants; garden plants or
				produce; stumps; branches; mulch; or composted or uncomposted chips, bark, or
				yard waste.
2. Outdoor industrial
				or construction materials or equipment; concrete barriers or structures; stone,
				quarry material, ornamental stone, or concrete; or construction, landscaping,
				or remodeling waste.
3. Shipping
				containers, such as wood crates or boxes.
4. Outdoor household articles, including the
				following: recreational vehicles; lawn tractors or mowers; grills; grill or
				furniture covers; tarps; mobile homes; tile; stone; deck boards; or any
				equipment, trucks, or vehicles not stored indoors.
5. Any means of conveyance utilized for
				movement of an article listed in subdivisions 1 through 4 of this subsection;
				any vehicle; or any trailer, wagon, or other equipment attached
				thereto.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-50 - Regulated areas

Current through Register Vol. 40, No. 24, July 15, 2024
The following areas in Virginia are quarantined for Spotted
				  Lanternfly:
1. The entire following
				counties:
a. Albemarle;
b. Augusta;
c. Carroll;
d. Clarke;
e. Frederick;
f. Page;
g. Prince William;
h. Rockbridge;
i. Rockingham;
j. Shenandoah;
k. Warren; and
l. Wythe.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-60 - Conditions governing the intrastate movement of regulated articles by a person conducting business

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person
				conducting business may move a regulated article from a regulated area to an
				unregulated area under the following conditions:
1. The person moving the regulated article
				has been issued a permit in accordance with 2VAC5-336-80;
2. The person has inspected the regulated
				article and found the regulated article to be free of all life stages of
				Spotted Lanternfly; and
3. The
				shipment of the regulated article is accompanied by a Spotted Lanternfly permit
				and completed inspection statement.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-70 - Conditions governing the intrastate movement of regulated articles by a person not conducting business

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				A person who is not conducting business may move the regulated article from a
				regulated area to an unregulated area under the following conditions:
1. The person has inspected the regulated
				article and found it to be free of all life stages of Spotted Lanternfly;
				and
2. The regulated article is
				accompanied by a completed inspection statement.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-80 - Issuance and cancellation of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person conducting business that requires
				the movement of a regulated article from a regulated area must obtain a permit
				from the commissioner.
B. To obtain
				a permit, a person conducting business that requires the movement of a
				regulated article from a regulated area shall:
1. Successfully complete department-approved
				training regarding identification of Spotted Lanternfly and compliance with
				this quarantine;
2. Submit to the
				department:
a. A completed Spotted Lanternfly
				permit application on a form provided by the department; and
b. Training credentials indicating successful
				completion of department-approved training;
3. Agree to train employees who move a
				regulated article out of a regulated area regarding identification of Spotted
				Lanternfly and compliance with this chapter;
4. Agree that before a regulated article is
				transported out of a regulated area, the person will require the regulated
				article to be inspected by a person who has completed Spotted Lanternfly
				training to ensure such article is free of Spotted Lanternfly;
5. Ensure the regulated article is moved in
				compliance with any additional condition deemed necessary under the Virginia
				Tree and Crop Pests Law to prevent the artificial spread of Spotted Lanternfly;
				and
6. Ensure the regulated article
				is eligible for unrestricted movement under all other domestic plant
				quarantines and regulations applicable to the regulated article.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-90 - Training requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				person responsible for moving a regulated article under a Spotted Lanternfly
				permit issued by the commissioner pursuant to 2VAC5-336-80 must successfully
				complete department-approved training.
B. The person training employees regarding
				the identification of Spotted Lanternfly and compliance with this quarantine
				shall have successfully completed department-approved training regarding the
				identification of Spotted Lanternfly and compliance with this
				chapter.
C. All training must be
				documented and training records made available to the department upon request.
				Training records must be maintained for all current employees and include
				employee name, date of training, and name of person conducting the
				training.
Statutory Authority: §
											3.2-703
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-100 - Inspection, treatment, and disposal of regulated articles and pests

Current through Register Vol. 40, No. 24, July 15, 2024
Upon presentation of official credentials, an inspector is
				  authorized to stop and inspect and to seize, destroy, or otherwise dispose of
				  or require treatment or disposal of a regulated article as provided in the
				  Virginia Tree and Crop Pests Law.
Statutory Authority: §
											3.2-703
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-110 - Prohibited entry into Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The movement into Virginia of a regulated article from any area outside of the
				Commonwealth where a federal or state plant regulatory official has determined
				Spotted Lanternfly to be present is prohibited unless:
1. Prior written approval is issued by the
				commissioner; or
2. The regulated
				article is being moved under a Spotted Lanternfly permit issued by the state
				plant regulatory official of a state where Spotted Lanternfly is known to
				occur.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-120 - Nonliability of the department

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall not be liable for any costs incurred by
				  third parties whose costs result from or are incidental to inspections required
				  under the provisions of this chapter.
Statutory Authority: §
											3.2-703
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Section 2VAC5-336-130 - Repeal of this quarantine

Current through Register Vol. 40, No. 24, July 15, 2024
This quarantine may be repealed by the commissioner when the
				  commissioner is satisfied that the need for this quarantine no longer exists.
				  Such repeal shall take place upon the date specified by the commissioner in the
				  order that repeals this chapter.
NOTICE: Forms used in administering the regulation have been
				  filed by the agency. The forms are not being published; however, online users
				  of this issue of the Virginia Register of Regulations may click on the name of
				  a form with a hyperlink to access it. The forms are also available from the
				  agency contact or may be viewed at the Office of the Registrar of Regulations,
				  900 East Main Street, 11th Floor, Richmond, Virginia 23219.
Statutory Authority: §
											3.2-703
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 336 - REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA TREE AND CROP PESTS LAW - SPOTTED LANTERNFLY QUARANTINE › Form - FORMS (2VAC5-336)

Current through Register Vol. 40, No. 24, July 15, 2024
Inspection
				  Statement for Businesses, OPIS-SLF-2 (eff. 5/2019)
Spotted
				  Lanternfly Permit Application Form, OPIS-SLF-1 (eff.
				  5/2019)
Statutory Authority: §
											3.2-703
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
"Buyer bill" means the document generated by the licensee
				  showing the tobacco purchased by each buyer at each sale.
"Check register" means the daily journal that is maintained
				  by the licensee to record each check issued by the warehouse covering tobacco
				  sales.
"Coupon" means any one of the copies of the ticket.
"Long and short" document means the document provided by the
				  buyer showing the adjustment in the bill to reflect tobacco received and paid
				  for by the buyer.
"Ticket" means the document which is used to identify a
				  single sale unit in the auction system.
"Tobacco sale bill" or "Floor sheet" means the document that
				  is used to record the data from the ticket covering the sales transaction of
				  individual sellers.
"Virginia Weights and Measure Law" means regulations
				  promulgated under the requirements of Chapter 56 (§ 3.2-5600 et seq.) of
				  Title 3.2 of the Code of Virginia.
Statutory Authority
§ 3.2-4704 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall apply to tobacco auction warehouses
				  licensed under the Commission Merchants Law, Article 2 (§ 3.2-4709 et
				  seq.) of Chapter 47 of Title 3.2 of the Code of Virginia.
Statutory Authority
§ 3.2-4704 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-30 - Records to be kept

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the
				purpose of complying with § 3.2-4729(8) of the Code of Virginia, and in
				order to give a true account of sales as required in § 3.2-4724(3) of the
				Code of Virginia, the following records shall be kept by the licensee and made
				available for inspection by the commissioner. This does not preclude the
				inclusion of other information needed by the licensee or others:
1. Sequentially numbered tickets covering
				sales transactions. A sale transaction is defined as a transaction appearing on
				the tobacco sales bill for which the seller received payment.
2. Preprinted sequentially numbered tobacco
				sale bills, including voided tobacco sale bills.
3. Check registers.
4. Buyer bills or recap sheet of buyers
				bills.
5. Long and short
				documents.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-40 - Accountability for alterations to records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Alterations. Section 3.2-4729(8) of the
				Code of Virginia requires that "any record which is altered in any fashion must
				bear the full signature of the person authorized to make, and who is
				responsible for, the alteration." For the purpose of this chapter, alterations
				to such records shall apply only to tickets and tobacco sale bills. Such
				alterations made by the warehouse owner, operator, ticket marker, or bookkeeper
				may be identified by their initials, provided that their full signature and the
				initials to be used are posted in the tobacco warehouse office.
1. Ticket. Alterations to the ticket shall
				apply only to the weight, buyer, or price; and shall have the full signature or
				initials permitted in this subsection of the person authorized to make, and who
				is responsible for, the alteration.
2. Tobacco sale bill. Alterations on tobacco
				sale bills shall apply only to the weight, buyer, price, or total net amount
				due to the seller; and shall have the full signature or initials permitted in
				this subsection of the person authorized to make, and who is responsible for,
				the alteration.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-50 - Sales rejected by the seller

Current through Register Vol. 40, No. 24, July 15, 2024
For the purpose of meeting the requirements of §
				  3.2-4729(8) of the Code of Virginia, any record that is altered because of a
				  rejected sale by the seller shall be so indicated on the tobacco sale bill by
				  the word "rejected," or the letter "R," and properly initialed as permitted by
				  subsection A of
				  2VAC5-350-40. The rejected sale
				  ticket or coupon is not required to be kept.
Statutory Authority
§ 3.2-4704 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-60 - Authorization from consignor for licensee to buy tobacco for his own account except during auction

Current through Register Vol. 40, No. 24, July 15, 2024
For the purpose of § 3.2-4737(5) of the Code of
				  Virginia, prior authority from the consignor in writing is required only when
				  the licensee purchases the tobacco for his own account except at auction. Where
				  prior written authority has not been obtained from the consignor, a telephone
				  conversation or other oral authorization by the consignor permitting the
				  licensee to buy his tobacco for his own account shall be permitted, provided
				  that written authorization is given by the consignor signing the ticket or
				  other appropriate statement before a final sale is consummated.
The licensee does not need written authorization to act in
				  behalf of a producer by rejecting a sale and making disposition of the tobacco
				  in accordance with
				  2VAC5-350-80 as follows:
1. Holding for resale at auction.
2. Reselling to the original buyer at a
				higher price.
3. Reselling to
				another buyer at the same or a higher price.
Statutory Authority
§ 3.2-4704 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-70 - Replacement ticket

Current through Register Vol. 40, No. 24, July 15, 2024
Any replacement ticket must be clearly identified as a
				  replacement, and in such a way that the ticket it replaces can be identified.
				  Such terms as "replaces," "duplicate," and "in lieu of" would meet this
				  requirement. The replacement ticket must indicate the ticket number it
				  replaces.
Statutory Authority
§ 3.2-4704 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 350 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMISSION MERCHANT LAW › Section 2VAC5-350-80 - Alterations to tickets and tobacco sales bills

Current through Register Vol. 40, No. 24, July 15, 2024
Alterations to weight, buyer, price, or total amount due the
				  producer may be made by persons authorized to make, and who are responsible
				  for, such alterations under the following conditions and requirements:
1. Weight on ticket. Only persons authorized
				by 2VAC5-340-190 may alter weights on
				tickets. Changes shall be initialed as provided in
				2VAC5-340-190.
2. Buyer or price on ticket during auction.
				As long as the auctioneer controls the sale, the ticket marker is authorized to
				make, and is responsible for, alterations on the ticket as to the buyer or
				price. Changes must be initialed by the ticket marker.
3. Buyer or price on ticket after auction.
				When the auctioneer is no longer in control of the sale, alterations on the
				ticket as to the buyer or price may be made by the person outlined below with
				signature as indicated:
a. When the producer
				rejects a sale, the following disposition of the sales unit may be made:
(1) Producer may hold for resale - no
				signature required.
(2) Producer
				may sell to original buyer at a higher price. The original buyer must sign the
				ticket.
(3) Producer may sell to
				another buyer. The producer and the new buyer must sign the ticket.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-20 - Brand names

Current through Register Vol. 40, No. 24, July 15, 2024
A. The name of a
				brand shall not tend to mislead the purchaser with respect to any quality of
				the feed. If the brand name indicates that the feed is made for a specific use,
				the character of the feed shall conform to that use. A mixture labeled "dairy
				feed," for example shall be adapted for that purpose.
B. A brand name shall not be derived from one
				or more ingredients of a mixture to the exclusion of other ingredients. A
				distinctive name shall not represent any component of a mixture unless all
				components are included in the name, provided that if any ingredient or
				combination of ingredients is intended to impart a distinctive characteristic
				to the product that is of significance to the purchaser, the name of that
				ingredient or combination of ingredients may be used as a part of the brand
				name if the ingredient or combination of ingredients is quantitatively
				guaranteed in the guaranteed analysis, and the brand name is not otherwise
				false or misleading.
C. The word
				"vitamin" or a contraction thereof, or any word suggesting vitamin, may be used
				in the brand name of a feed only in the case of a feed represented solely to be
				a vitamin supplement, and which is labeled with the minimum vitamin content
				guaranteed as specified in subsection B of
				2VAC5-360-30.
D. The term "mineralized" shall not be used
				in the brand name of a feed except for "trace mineralized salt." When so used,
				the product shall contain significant amounts of trace minerals which are
				recognized as essential for the nutrition of animals. The mineral compound
				source of each mineral except salt (NaC1) shall be stated in the ingredient
				statement.
E. When the brand name
				carries a percentage value, it shall be understood to signify minimum crude
				protein content. If any other percentage values are used in brand names, they
				shall be followed by the proper description.
F. The word "protein" shall not be permitted
				in the brand name of a feed that contains added nonprotein nitrogen.
G. The term "meat" or "meat byproduct" in a
				brand name shall be qualified in the brand name to designate the animal from
				which the meat or meat byproduct is derived unless the meat or meat byproduct
				is made from cattle, swine, sheep or goats.
H. Single ingredient feeds shall have a brand
				name in accordance with the designated definition of feed ingredients as
				recognized by the Official Publication of the Association of American Feed
				Control Officials, Inc., 2002.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-30 - Expression of guarantees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				sliding scale method of expressing guarantees (for example, "Protein 15-18%")
				is prohibited, except as specifically allowed in the Act or in this
				chapter.
B. Vitamins, when
				guaranteed, shall be expressed in milligrams per pound of feed, except that:
1. Vitamin A shall be stated in International
				Units per pound, except for precursors of Vitamin A.
2. Vitamin D, when used in products for
				poultry feeding, shall be expressed in International Chick Units.
3. Vitamin D for other uses shall be
				expressed in International Units per pound.
4. Vitamin E shall be expressed in
				International Units per pound of feed.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-40 - Ingredient statement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The term
				"dehydrated" may precede the name of any product that has been artificially
				dried.
B. No reference to quality
				or grade of an ingredient shall appear in the ingredient statement of a
				feed.
C. The name of each
				ingredient or collective term for the grouping of ingredients, when required to
				be listed, shall be the name as defined in the Official Definitions of Feed
				Ingredients as published in the Official Publication of the Association of
				American Feed Control Officials, Inc., 2002, or the common or usual name for
				ingredients that do not have official definitions or that do not require
				definitions (example: corn).
D. No
				declaration of vitamin potency of a feed or feed supplement shall appear in the
				ingredient statement or any other part of the label, excepting that such
				statement is a guarantee of minimum vitamin potency of the entire product given
				in terms as specified in subsection B of
				2VAC5-360-30.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-50 - Labeling

Current through Register Vol. 40, No. 24, July 15, 2024
A. The information
				required in § 3.2-4806 of the Code of Virginia, with the exception of the
				quantity statement, shall appear in its entirety on one side of a label or on
				one side of the container. However, in case a tag is used, the directions for
				use and warnings against misuse may appear on the other side of the
				tag.
B. When ingredients are
				listed, the names of all feed ingredients shall be shown in letters or type of
				the same size.
C. When feeds carry
				label information in more than one position on the container, there shall be no
				variance with respect to name, ingredients, or guaranteed
				composition.
D. The term "degermed"
				must precede the name of any product from which the germ has been wholly or
				partially removed.
E. All printed
				or written information attached to or packed with feed must conform in all
				respects to the information printed on the principal label.
F. Labeling which implies that added
				enzyme-bearing materials improve the utilization of a product is prohibited
				unless the claims are substantiated by scientific evidence.
G. The term "Bond Phosphate of Lime," "Bone
				Phosphate of Lime (BPL)," or "BPL" shall not be used in connection with the
				labeling of feed ingredients.
H.
				The label of a commercial feed, other than an individual ingredient or
				supplement with directions for further mixing, shall designate the species and
				may designate the animal class for which the feed is intended. For the purpose
				of this subsection, animal class may include, but is not limited to, weight
				range, sex, or age of the animal for which the feed is manufactured.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-60 - Minerals

Current through Register Vol. 40, No. 24, July 15, 2024
A. When the word
				"Iodized" is used in connection with a feed ingredient, the ingredient shall
				contain not less than 0.007% of iodine, uniformly distributed.
B. Phosphatic materials for feeding purposes
				shall be labeled with a guarantee of the minimum and maximum percentages of
				calcium (when present), the minimum percentage of phosphorous, and the maximum
				percentage of fluorine.
C. The
				fluorine content of any mineral or mineral mixture which is to be used directly
				for feeding of animals shall not exceed 0.20% for breeding and dairy cattle;
				0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine;
				and 0.60% for poultry.
D. Soft
				phosphate with collodial clay, rock phosphates, or other fluorine-bearing
				ingredients may be used only in such amounts that will not raise the flourine
				concentration of the total ration (exclusive or roughage) above the following
				amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle;
				0.006% for sheep; 0.01% for lambs; 0.015% for swine; and 0.03% for
				poultry.
E. Fluorine-bearing
				ingredients may not be used in any feed that is fed directly to cattle, sheep
				or goats consuming roughage with or without limited amounts of grain, that
				result in a daily fluorine intake in excess of 50 milligrams of fluorine per
				100 pounds of body weight.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-70 - Nonprotein nitrogen

Current through Register Vol. 40, No. 24, July 15, 2024
Urea, ammonium salts of carbonic and phosphoric acids, and
				  ammoniated products defined by the Official Publication of the Association of
				  American Feed Control Officials, Inc., 2002, are acceptable ingredients in
				  commercial cattle, sheep, and goat feeds only. These materials shall be
				  considered adulterants in commercial feeds for other animals and for birds. The
				  maximum percentage of equivalent protein from nonprotein nitrogen shall appear
				  immediately below the crude protein in the guaranteed analysis; and the name of
				  the substance supplying the nonprotein nitrogen shall appear in the ingredient
				  list. If the equivalent protein from nonprotein nitrogen in a feed exceeds 1/3
				  of the total crude protein, or if more than 8.75% equivalent protein is from
				  nonprotein nitrogen, the label shall contain adequate directions for use. The
				  label shall also contain the following statement in conspicuous type:
WARNING: This feed should be used only in accordance with the
				  directions furnished on the label.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-80 - Ingredients

Current through Register Vol. 40, No. 24, July 15, 2024
A. Commercial feeds
				shall not be adulterated with any whole or viable prohibited noxious-weed
				seeds, nor with any whole or viable restricted noxious-weed seeds in amounts
				exceeding the limits as specified in
				2VAC5-390-20.
B. Guarantees for microorganisms shall be
				stated in colony forming units per gram (CFU/g) when directions are for using
				the product in grams, or in colony forming units per pound (CFU/lb) when
				directions are for using the product in pounds. A parenthetical statement
				following the guarantee shall list each species in order of
				predominance.
C. Guarantees for
				enzymes shall be stated in units of enzymatic activity per unit weight or
				volume, consistent with label directions. The source organism for each type of
				enzymatic activity shall be specified, such as: Protease (Bacillus subtilis)
				5.5 mg amino acids liberated/min./milligram. If two or more sources have the
				same type of activity, they shall be listed in order of predominance based on
				the amount of enzymatic activity provided.
D. Commercial feeds shall not contain soybean
				meal, flakes or pellets or other vegetable meals, flakes or pellets that have
				been extracted with trichlorethylene or other chlorinated solvents.
E. Sulfur dioxide, sulfurous acid, and salts
				of sulfurous acid shall not be used in or on feeds or feed ingredients that are
				considered or reported to be a significant source of vitamin B1
				(Thiamine).
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-90 - Methods of sampling and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
Where applicable, the Official Methods of Analysis of AOAC
				  International (2000), 17th edition, shall be used for the sampling and analysis
				  of commercial feeds.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-100 - Definitions and standards

Current through Register Vol. 40, No. 24, July 15, 2024
The definitions, standards, and recommendations of the
				  Association of American Feed Control Officials shall be followed in the
				  administration of the Act, except where they conflict with the provision of, or
				  with regulations promulgated under the Act.
Statutory Authority
§ 3.2-4801 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Form - FORMS (2VAC5-360)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Registration of Commercial Feeds and Animal
				  Remedies (eff. 12/99).
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section - DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-360)

Current through Register Vol. 40, No. 24, July 15, 2024
Official Publication of the Association of American Feed
				  Control Officials, Inc., 2002.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 370 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA ANIMAL REMEDIES LAW › Section 2VAC5-370-10 - Equipment and supervision

Current through Register Vol. 40, No. 24, July 15, 2024
At the request of the Commissioner of the Department of
				  Agriculture and Consumer Services, a registrant shall provide a description of
				  his equipment and a list of the qualifications of his supervisory personnel.
				  Such reports, together with further investigation, if necessary, will form the
				  basis for determining if the requirements of subdivision A 3 of § 3.2-4912
				  of the Code of Virginia are being met as they apply to adequate equipment and
				  proper supervisory qualifications.
Statutory Authority
§§ 3.2-109, 3.2-4912, and 3.2-4914 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 370 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA ANIMAL REMEDIES LAW › Section 2VAC5-370-20 - Biologicals

Current through Register Vol. 40, No. 24, July 15, 2024
Any biological product which is offered for sale must have
				  been properly stored during the entire time that it has been in the seller's
				  possession. Proper storage includes any conditions required to preserve the
				  safety and effectiveness of the product, including refrigeration if
				  necessary.
Statutory Authority
§§ 3.2-109, 3.2-4912, and 3.2-4914 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 370 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA ANIMAL REMEDIES LAW › Section 2VAC5-370-30 - Methods of sampling and analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where applicable, sampling and analysis of
				animal remedies shall conform to the latest printed edition of the "Official
				Methods of Analysis" from the Association of Official Analytical Chemists,
				Incorporated.
B. At the request of
				the commissioner, the applicant for registration of any animal remedy labeling
				which includes quantitative claims, shall provide a satisfactory analytical
				method for the verification of such claims.
Statutory Authority
§§ 3.2-109, 3.2-4912, and 3.2-4914 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Section 2VAC5-380-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Buyer or shipper" means a dealer who purchases any
				  agricultural product from a producer, and who takes possession at the buyer's
				  or the producer's place of business at an agreed price without conditions or
				  contingencies.
"Conditional buyer" means a dealer who purchases any
				  agricultural product from a producer by quoting a fixed net price or fixed
				  gross price less handling charges. The purchase is conditioned upon the arrival
				  of the product at the first point of delivery in the grade specified at the
				  time of purchase. (Grade shall include size, quality, and soundness.)
"Department" means the Virginia Department of Agriculture and
				  Consumer Services.
"Grower's agent or broker" means a dealer who negotiates the
				  sale of agricultural produce on behalf of the producer according to the terms
				  of an agreement between the parties. Written agreements are recommended but not
				  required.
"Handling for the account of" means a dealer who accepts
				  agricultural products from a producer to be sold directly to a specific and
				  identified purchaser, exclusive of intermediate dealers, agents or brokers, for
				  which the dealer charges a fixed percentage commission on gross returns, or a
				  fixed fee per unit of product, with or without additional charges such as
				  grading, packing, etc.
"Virginia Agricultural Products Dealers Licensing and Bonding
				  Law" means Article 3 (§ 3.2-4738 et seq.) of Chapter 47 of Title 3.2 of
				  the Code of Virginia.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Section 2VAC5-380-20 - License to operate as a dealer

Current through Register Vol. 40, No. 24, July 15, 2024
Every person who applies for a license to operate as a dealer
				  under the Virginia Agricultural Products Dealers Licensing and Bonding Law
				  shall declare, at the time of applying for a license, the conditions as defined
				  in 2VAC5-380-10 under which he intends
				  to operate, and the license issued shall be limited to the conditions declared.
				  All such licenses shall be conspicuously posted in the dealers place of
				  business.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Section 2VAC5-380-30 - Notification of rejected produce

Current through Register Vol. 40, No. 24, July 15, 2024
If any lot of produce is rejected, the conditional buyer
				  shall notify the producer as soon as possible, either by telephone or in
				  person. This notification must be made within 96 hours of the time the produce
				  was shipped from the producer's or conditional buyer's place of business. The
				  conditional buyer and the producer shall establish new conditions for handling
				  the produce in question. Under such conditions, the conditional buyer shall
				  assume the status of either "Handling for the account of" or "Grower agent or
				  broker," as decided by the producer and the dealer. All verbal communication
				  concerning the rejection and new conditions for handling shall be confirmed in
				  writing, by the dealer to the producer, within 48 hours. All such rejection
				  shall be confirmed by an official USDA inspection at the point of rejection,
				  unless confirmation is waived by the producer in writing.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Section 2VAC5-380-40 - Receipt of acceptance

Current through Register Vol. 40, No. 24, July 15, 2024
Every dealer shall give a written receipt to the producer for
				  each lot of produce received or accepted. Such receipt may be either a delivery
				  receipt or an invoice which specifies the conditions under which the produce is
				  handled (see
				  2VAC5-380-10 ). Such receipt shall
				  be made within 72 hours of the time the produce is received or accepted by the
				  dealer, his employee, his agent, or the buyer, whichever comes
				  first.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Section 2VAC5-380-50 - Failure to comply

Current through Register Vol. 40, No. 24, July 15, 2024
Any producer aggrieved by the failure of a dealer to comply
				  with 2VAC5-380-30 and
				  2VAC5-380-40 shall file a complaint
				  with the department within five days after discovery of the
				  failure.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Section 2VAC5-380-60 - Filing of contracts

Current through Register Vol. 40, No. 24, July 15, 2024
Copies of all contracts made pursuant to § 3.2-4745 of
				  the Code of Virginia shall be filed with the Office of Product Regulation,
				  Virginia Department of Agriculture and Consumer Services, P.O. Box 1163,
				  Richmond, Virginia 23209.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 380 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA DEALERS IN AGRICULTURAL PRODUCTS LAW › Form - FORMS (2VAC5-380)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Agricultural Products Dealer.
Bond, As Dealer in Agricultural Products in Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 390 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA SEED LAW › Section 2VAC5-390-10 - Methods of inspecting, sampling, and testing, and the application tolerances

Current through Register Vol. 40, No. 24, July 15, 2024
Method of inspecting, sampling, and testing, and the
				  application of tolerance shall be according to the "Rules for Testing Seeds"
				  adopted by the Association of Official Seed Analysts* except:
1. For those kinds of tree and shrub seed not
				included in the "Rules for Testing Seeds," Association of Official Seed
				Analysts, the testing procedure used shall be those recommended by the National
				Tree Seed Laboratory.
2. That
				tolerances are not allowed on prohibited noxious weed seeds.
3. Tolerance shall apply to flower and
				vegetable germination standards only as specified in
				2VAC5-390-90 and
				2VAC5-390-110.
4. For seed peanuts the testing tolerance
				will be five on the minimum germination standard.
5. Certain kinds listed as crop seeds in
				Association of Official Seed Analysts Handbook 25 "Uniform Classification of
				Weed and Crop Seed" shall be considered restricted noxious weed seeds as listed
				in 2VAC5-390-20 B 2.
*Currently effective, copies of which may be obtained from
				  the commissioner upon request, at cost.
Statutory Authority
§ 3.2-4001 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 390 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA SEED LAW › Section 2VAC5-390-20 - Noxious weed seeds

Current through Register Vol. 40, No. 24, July 15, 2024
Noxious weed seeds as defined in the Virginia Seed Law,
				  Article 1 (§ 3.2-4000 et seq.) of Chapter 40 of Title 3.2 of the Code of
				  Virginia are divided into two classes:
A. Prohibited noxious weed seeds are:
Balloonvine - Cardiospermum halicacabum
Canada thistle - Cirsium arvens
Field Bindweed - Convolvulus arvensis
Johnsongrass, Sorgrass and, Sorghum almum, and hybrids
				  derived therefrom - Sorghum spp. - Perennial
Plumeless thistles, which includes Musk thistle, and Curled
				  thistle - Carduus spp.
Quackgrass - Agropyron repens
Serrated tussock - Nassella trichotoma
Sicklepod - Cassia tora
B. Restricted noxious weed seeds are:
1. Restricted noxious weed seeds for
				agricultural and vegetable seed, except for lawn and turf seed and mixtures
				thereof, shall be prohibited from sale for seeding purposes if the number per
				ounce or per pound of such noxious weed seed found exceeds the limitations
				allowed for each. Such weed seeds and limitations shall be:
KIND
LIMITATION
Wild onion bulblets and wild garlic bulblets - Allium
						  spp.
5 per ounce or 80 per pound for orchardgrass; 2 per
						  ounce or 32 per pound for other kinds
Dodder - Cuscuta spp.
4 per ounce or 64 per pound
Wild mustard - Brassica spp. - includes species when
						  incidentally occurring in agricultural seed, provided that species listed in
						  2VAC5-390-50 and
						  2VAC5-390-90 may be sold as such
						  when labeled as required.
5 per ounce all or 80 per pound
Giant foxtail - Setaria faberi
4 per ounce or 64 per pound
Radish - Raphanus spp.
1 per ounce or 16 per pound
2.
				Restricted noxious weed seeds for lawn and turf seed and mixtures thereof.
				Those kinds listed below shall be restricted noxious weed seeds and shall be
				declared on the label under the heading "Noxious weed seeds" or "Undesirable
				grass seed" according to § 3.2-4008J 5 when present in bentgrasses,
				Kentrucky bluegrass, chewings fescue, red fescue, hard fescue, varieties of
				perennial ryegrass, varieties of named turf type tall fescue, and/or mixtures
				containing these grasses. Such weed seeds are:
Annual bluegrass
Poa annua
**Bentgrasses (creeping, colonial, velvet)
Agrostis spp.
**Bermudagrass, Giant bermudagrass
Cynodon spp.
**Meadow fescue
Festuca pratensis
Orchardgrass
Dactylis glomerata
**Redtop
Agrostis gigantea
**Rough bluegrass
Poa trivialis
**Tall fescue
Festuca arundinacea
Timothy
Phleum pratense
Velvetgrass
Holcus lanatus
**May be included as a labeled component of
						  a mixture when in excess of 5.0% of the whole.
NOTE - EXEMPTIONS - This chapter does not apply to restricted
				  noxious weed seeds in grasses or mixtures clearly labeled for pasture, forage,
				  hay, or spoilbank reclamation usage.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 390 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA SEED LAW › Section 2VAC5-390-30 - Net weight requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Net weight is required on all containers except on packets containing less than
				1/2 ounce avoirdupois.
B. All net
				weight labeling shall be consistent with the requirements of the Virginia
				Weights and Measures Law, Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2 of
				the Code of Virginia and the Virginia Weights and Measures regulations except
				that when a seed tag is used the net weight information may appear on the seed
				tag rather than on the seed bag.
Statutory Authority
§ 3.2-4001 of the Code of Virginia.