reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 317 - REGULATIONS FOR THE ENFORCEMENT OF THE NOXIOUS WEEDS LAW › Section 2VAC5-317-100 - Noxious Weeds Advisory Committee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner shall establish a Noxious
				Weeds Advisory Committee for the purpose of assisting the department in the
				evaluation and risk-assessment of plants that may be declared noxious weeds in
				2VAC5-317-20. The committee may
				also consider the delisting of plants that were previously declared noxious
				weeds.
B. The committee shall
				present recommendations to the commissioner regarding the listing or delisting
				of plants as noxious weeds. The committee shall consider the degree to which
				the plant is detrimental to crops; surface waters, including lakes; other
				desirable plants; livestock; land or other property; public health; the
				environment; and the economy. The committee's recommendation shall include an
				analysis of the current and potential in-state commercial viability of the
				specific plant species and the economic impact on industries affected by the
				designation of the plant as a noxious weed.
C. The commissioner shall convene a meeting
				of the committee at least once annually, and may convene additional meetings at
				his discretion. Department staff will coordinate the scheduling and logistics
				of the meetings, including the posting of meeting notices on the Virginia
				Regulatory Town Hall and the Commonwealth Calendar.
D. Committee members shall serve at the
				invitation of the commissioner. For every meeting of the committee, the
				commissioner shall invite representatives of Virginia's agricultural,
				horticultural, and environmental industries as well as representatives of
				Virginia's land grant universities and relevant executive branch agencies, to
				include :
1. A conservation representative or
				organization;
2. An agribusiness
				representative or organization;
3.
				A local government representative or organization;
4. Virginia Cooperative Extension;
5. Virginia Department of Conservation and
				Recreation;
6. Virginia Department
				of Forestry;
7. Virginia Department
				of Game and Inland Fisheries;
8.
				Virginia Department of Transportation;
9. A farming representative or
				organization;
10. A forage-based
				agriculture representative or organization;
11. A native plant conservation
				representative or organization;
12.
				A nursery and landscaping representative or organization;
13. Virginia Polytechnic Institute and State
				University;
14. Virginia State
				University;
15. A cooperative weed
				management area representative or organization; and
16. Virginia soil and water conservation
				districts.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 317 - REGULATIONS FOR THE ENFORCEMENT OF THE NOXIOUS WEEDS LAW › Form - FORMS (2VAC5-317)

Current through Register Vol. 40, No. 24, July 15, 2024
Noxious
				  Weed Permit Application (eff. 6/2018)
Statutory Authority: §
											3.2-802
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-10 - Declaration of quarantine

Current through Register Vol. 40, No. 24, July 15, 2024
A quarantine is hereby established to restrict the movement
				  of certain articles capable of transporting Thousand Cankers Disease unless
				  such articles comply with the conditions of this regulation.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-20 - Purpose of quarantine

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this quarantine is to help prevent the
				  artificial spread of Thousand Cankers Disease to uninfested areas of the
				  Commonwealth by regulating the movement of articles that are capable of
				  transporting the disease. Thousand Cankers Disease is a disease complex that
				  attacks walnut trees, Juglans spp. The fungus Geosmithia morbida is vectored by
				  the walnut twig beetle, Pityophthorus juglandis, causing small cankers under
				  the bark of the tree. The beetle introduces the fungus while it tunnels beneath
				  the bark. As more beetles attack the tree, the number of cankers increases
				  until they coalesce to girdle twigs and branches, restricting movement of
				  nutrients and eventually killing the tree. Thousand Cankers Disease has become
				  established in the Commonwealth and has the potential to spread to uninfested
				  areas by natural means or through the movement of infested
				  articles.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms shall have the following
				  meanings unless the context clearly indicates otherwise:
"Board" means the Virginia Board of Agriculture and Consumer
				  Services.
"Certificate" means a document issued by an inspector or
				  person operating in accordance with a compliance agreement to allow the
				  movement of regulated articles to any destination.
"Commissioner" means the Commissioner of the Virginia
				  Department of Agriculture and Consumer Services.
"Commonwealth" means the Commonwealth of Virginia.
"Compliance agreement" means a written agreement between a
				  person engaged in growing, handling, receiving, or moving regulated articles
				  and the Virginia Department of Agriculture and Consumer Services, wherein the
				  former agrees to comply with the requirements of the compliance agreement and
				  comply with the provisions of this regulation.
"Department" means the Virginia Department of Agriculture and
				  Consumer Services.
"Infestation" means the presence of Thousand Cankers Disease
				  or the existence of circumstances that make it reasonable to suspect that
				  Thousand Cankers Disease is present.
"Inspector" means an employee of the Virginia Department of
				  Agriculture and Consumer Services or other person authorized by the
				  Commissioner of the Virginia Department of Agriculture and Consumer Services to
				  enforce the provisions of this quarantine or regulation.
"Limited permit" or "permit" means a document issued by an
				  inspector to allow the movement of regulated articles to a specific
				  destination.
"Moved," "move," or "movement" means shipped; offered for
				  shipment; received for transportation; transported; carried; or allowed to be
				  moved, shipped, transported, or carried.
"Person" meansthe term as defined in § 1-230 of the Code
				  of Virginia.
"Regulated area" means the localities, areas, or states
				  listed in 2VAC5-318-50 of this
				  regulation.
"Thousand Cankers Disease" means the disease complex caused
				  by the fungus Geosmithia morbida that is vectored into walnut trees by the
				  walnut twig beetle, Pityophthorus juglandis.
"Virginia Pest Law" means Chapter 7 (§ 3.2-700 et seq.)
				  of Title 3.2 of the Code of Virginia.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-40 - Regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
The following articles are regulated under the provisions of
				  this regulation:
1. Any life stage of
				the walnut twig beetle, Pityophthorus juglandis.
2. The fungal pathogen, Geosmithia
				morbida.
3. All plants and plant
				parts of the genus Juglans including but not limited to nursery stock, budwood,
				scionwood, green lumber, firewood, and other material living, dead, cut, or
				fallen including stumps, roots, branches, mulch, and composted and uncomposted
				chips.
4. Specific exemptions
				include, but are not limited to, nuts, nut meats, hulls, processed lumber (100%
				bark-free, kiln-dried, with squared edges), and finished wood products without
				bark, including walnut furniture, instruments, and other items derived from the
				genus Juglans.
5. Any other article
				or means of conveyance when it is determined by an inspector that it presents a
				risk of spread of Thousand Cankers Disease.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-50 - Regulated areas

Current through Register Vol. 40, No. 24, July 15, 2024
The following areas in Virginia are quarantined for Thousand
				  Cankers Disease:
1. The entire
				counties of:
Chesterfield
Fairfax
Goochland
Hanover
Henrico
King and Queen
King William
New Kent
Powhatan
Prince William
2. The entire cities of:
Colonial Heights
Fairfax
Falls Church
Manassas
Manassas Park
Richmond
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-60 - Conditions governing the intrastate movement of regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
A. Movement within
				a regulated area. Movement of a regulated article solely within a regulated
				area is allowed without restriction.
B. Movement from a regulated area to an
				unregulated area. Movement of a regulated article that originates from within a
				regulated area to an unregulated area is allowed only if the regulated article
				is accompanied by a certificate or limited permit issued in accordance with
				2VAC5-318-70 and attached in
				accordance with
				2VAC5-318-100.
C. Movement from an unregulated area through
				a regulated area. A regulated article that originates outside of a regulated
				area may move through a regulated area under the following conditions:
1. With a certificate or limited permit
				issued in accordance with
				2VAC5-318-70 and attached in
				accordance with
				2VAC5-318-100; or
2. Without a certificate or limited permit
				if:
a. Accompanied by a waybill that
				indicates the point of origin of the regulated article;
b. The regulated article is moved directly
				through the regulated area without stopping, except for refueling or due to
				traffic conditions; or has been stored, packed, or handled at locations
				approved by an inspector as not posing a risk of infestation; and
c. The regulated article has not been
				combined or commingled with other articles so as to lose its individual
				identity.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-70 - Issuance and cancellation of certificates and limited permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certificates and
				limited permits may be issued by an inspector for the movement of regulated
				articles originating from within a regulated area to any destination within
				Virginia when:
1. The regulated articles have
				been examined by the inspector and found to be apparently free of the Thousand
				Cankers Disease, or the regulated articles have been grown, produced,
				manufactured, stored, or handled in such a manner that, in the judgment of the
				inspector, would prevent an infestation or destroy all life stages of Thousand
				Cankers Disease;
2. The regulated
				articles are to be moved in compliance with any additional conditions deemed
				necessary under the Virginia Pest Law to prevent the spread of Thousand Cankers
				Disease; and
3. The regulated
				articles are eligible for unrestricted movement under all other domestic plant
				quarantines and regulations applicable to the regulated articles.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-80 - Compliance agreements and cancellation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				engaged in growing, handling, or moving regulated articles may enter into a
				compliance agreement when an inspector determines that the person understands
				the requirements and obligations under this regulation. The agreement shall
				stipulate safeguards that must be maintained against the establishment and
				spread of Thousand Canker Disease and the conditions governing the movement of
				regulated articles.
B. Any
				compliance agreement may be canceled orally or in writing by an inspector
				whenever the inspector finds that the person who has entered into the
				compliance agreement has failed to comply with this regulation. If the
				cancellation is oral, the cancellation and the reasons for the cancellation
				shall be confirmed in writing and communicated to the person who entered into
				such compliance agreement as promptly as circumstances allow.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-90 - Assembly and inspection of regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person,
				other than a person authorized to issue certificates under
				2VAC5-318-70, requesting a
				certificate or limited permit shall apply for inspection of the regulated
				article as far in advance as practical, but no less than five business days
				before the regulated articles are to be moved.
B. The regulated articles must be assembled
				at the place and in the manner the inspector designates as necessary to
				facilitate inspection and shall be safeguarded from infestation.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-100 - Attachment and disposition of certificates and limited permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the
				intrastate movement, a certificate or limited permit must be attached at all
				times to the outside of the container that contains the regulated article or to
				the regulated article itself. The requirements of this section may also be met
				by attaching the certificate or limited permit to the consignee's copy of the
				waybill, provided the regulated article is sufficiently described on the
				certificate or limited permit and on the waybill to facilitate the
				identification of the regulated article.
B. The certificate or the limited permit for
				the intrastate movement of a regulated article must be furnished by the carrier
				to the consignee at the destination of the regulated article. A copy of the
				certificate or the limited permit must be retained by the sender of the
				regulated article at the place of shipment.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-110 - Inspection 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 disposal of regulated articles as provided in the Virginia Pest
				  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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-120 - Prohibited entry into Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A. The movement
				into Virginia of a regulated article originating in states that are known to
				have Thousand Cankers Disease or from any other area of the United States where
				federal or state plant regulatory officials have determined Thousand Cankers
				Disease to be present is prohibited unless prior written approval is issued by
				the commissioner. States with known areas of infestation of Thousand Cankers
				Disease include, but are not limited to:
Arizona
California
Colorado
Idaho
Nevada
New Mexico
Oregon
Pennsylvania
Tennessee
Utah
Washington
B. The movement of a regulated article for
				research purposes is permissible with the commissioner's prior written
				approval.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-130 - 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 regulation.
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 318 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - THOUSAND CANKERS DISEASE QUARANTINE › Section 2VAC5-318-140 - Revocation of this regulation

Current through Register Vol. 40, No. 24, July 15, 2024
This regulation may be revoked by the board when the board is
				  satisfied that the need for this quarantine no longer exists. Such revocation
				  shall take place upon the date specified by the board in the order that revokes
				  this regulation.
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 319 - BEST MANAGEMENT PRACTICES FOR THE OPERATION OF APIARIES IN ORDER TO LIMIT OPERATOR LIABILITY › Section 2VAC5-319-10 - 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:
"Apiary" means any place where one or more colonies of bees
				  are kept.
"Apiary operator" means a person who operates an apiary and
				  seeks to limit his liability for any personal injury or property damage that
				  occurs in connection with his keeping and maintaining of bees, bee equipment,
				  queen breeding equipment, apiaries, or appliances as provided for in §
				  3.2-4411.1 of the Code of Virginia.
"Bee" means the honey bee, Apis mellifera and genetic
				  variations thereof, at any living stage and may include other hymenopterous
				  insects that depend on pollen and nectar for food.
"Bee equipment" means hives; hive parts, including frames,
				  supers, covers, and bottom boards; and beekeeping apparel.
"Colony" means a queenright assemblage of social bees capable
				  of reproducing.
"Comb" means a mass of six-sided cells used by honey bees in
				  which brood is reared and honey and pollen are stored.
"Disease" means departure from a sound state of health of
				  bees characterized by visible symptoms including American foulbrood and any
				  other diseases, insects, mites, or bee pests.
"Division" means to separate a bee colony into two or more
				  hives.
"EHB" mean European honey bees.
"Foundation" means a template, base, or midrib used for the
				  production of straight, movable comb in a frame.
"Frame" means a wooden or plastic form, usually consisting of
				  four sides, designed to hold comb spaced between 1/4 inch and 3/8 inch apart
				  and to allow for removal of the frame without damage to the comb.
"Hive" means a box, skep, barrel, log gum, or other container
				  used as a domicile for bees.
"Split" means a division of a bee colony for the purposes of
				  increasing the number of hives.
"Swarm" or "swarming" means a form of propagation of bees in
				  which all or a portion of a colony, usually containing at least one queen,
				  departs from its original hive to establish a new colony.
Statutory Authority: § 3.2-4411.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 319 - BEST MANAGEMENT PRACTICES FOR THE OPERATION OF APIARIES IN ORDER TO LIMIT OPERATOR LIABILITY › Section 2VAC5-319-20 - Limitation of liability

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				apiary operator operating in conformance with § 3.2-4411.1 of the Code of
				Virginia and this chapter shall not be liable for any personal injury or
				property damage that occurs in connection with his keeping and maintaining of
				bees, bee equipment, queen breeding equipment, apiaries, or appliances. This
				limitation of liability does not apply to intentional tortious conduct or acts
				or omissions constituting gross negligence or negligence.
B. A person is not required to comply with
				the provisions of this chapter unless he seeks to limit his liability as
				provided for in § 3.2-4411.1 of the Code of Virginia.
Statutory Authority: § 3.2-4411.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 319 - BEST MANAGEMENT PRACTICES FOR THE OPERATION OF APIARIES IN ORDER TO LIMIT OPERATOR LIABILITY › Section 2VAC5-319-25 - Best management practices

Current through Register Vol. 40, No. 24, July 15, 2024
An apiary operator shall comply with local, state, and
				  federal ordinances, regulations, and laws pertaining to beekeeping. This
				  section shall apply to an apiary operator keeping any honey bee, Apis mellifera
				  and genetic variations thereof, at any living stage, or other hymenopterous
				  insect that depends on pollen and nectar for food.
Statutory Authority: § 3.2-4411.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 319 - BEST MANAGEMENT PRACTICES FOR THE OPERATION OF APIARIES IN ORDER TO LIMIT OPERATOR LIABILITY › Section 2VAC5-319-30 - Best management practices for the keeping of honey bees

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				of this section, "bee" means the honey bee, Apis mellifera and genetic
				variations thereof, at any living stage, and does not mean other hymenopterous
				insects that depend on pollen and nectar for food.
B. An apiary operator shall maintain a
				healthy populous colony of bees by:
1.
				Removing or securely sealing any empty bee equipment in an apiary. For the
				purpose of this subdivision, "empty" means without bees but containing comb or
				other materials attractive to bees and does not include equipment in use as a
				bait hive for capturing a swarm;
2.
				Removing all colonies in a state of decline, combining such colonies with other
				colonies, or taking other action to establish a healthy populous condition in
				such colonies;
3. Repairing or
				replacing damaged or defective hive boxes, frames, and other bee
				equipment;
4. Replacing frames
				containing old comb with new or cleaned frames containing foundation such that
				all comb in a hive is replaced every five to seven years;
5. Feeding or maintaining an adequate amount
				of honey and pollen in a hive for brood production during the growing
				season;
6. Preventing disturbance
				or injury to bee colony or hive by vertebrate pests; and
7. Managing the colony to address any disease
				or pest infestation or remove all disease or pest-infested hives that may be
				detrimental to the health of other colonies in the vicinity of the apiary. An
				apiary operator shall inspect hives for disease at least once every three
				months.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 320 - REGULATIONS FOR THE ENFORCEMENT OF THE ENDANGERED PLANT AND INSECT SPECIES ACT › Section 2VAC5-320-10 - Listing of endangered and threatened plant and insect species

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Board of
				Agriculture and Consumer Services hereby adopts the following regulation in
				order to protect designated plant and insect species that exist in this
				Commonwealth. All designated species are subject to all sections of the
				Virginia Endangered Plant and Insect Species Act (§
									3.2-1000 et seq. of
				the Code of Virginia).
B. The
				following plant and insect species are hereby declared an endangered species:
1. Boltonia montana, valley
				doll's-daisy.
2. Bombus affinis,
				rusty patch bumble bee.
3.
				Cardamine micranthera, small-anthered bittercress.
4. Carex juniperorum, juniper
				sedge.
5. Clematis addisonii,
				Addison's leatherflower.
6.
				Corallorhiza bentley, Bentley's coralroot.
7. Fimbristylis perpusilla, Harper's
				fimbristylis.
8. Helenium
				virginicum, Virginia sneezeweed.
9.
				Helonias bullata, swamp-pink.
10.
				Ilex collina, long-stalked holly.
11. Iliamna corei, Peter's Mountain
				mallow.
12. Isoetes virginica,
				Virginia quillwort.
13. Isotria
				medeoloides, small whorled pogonia.
14. Ludwigia ravenii, Raven's
				seedbox.
15. Neonympha mitchellii,
				Mitchell's satyr butterfly.
16.
				Phemeranthus piedmontanus, Piedmont fameflower.
17. Pseudanophthalmus holsingeri, Holsinger's
				cave beetle.
18. Pseudanophthalmus
				parvicollis, Hupp's Hill cave beetle.
19. Pseudanophthalmus thomasi, Thomas' cave
				beetle.
20. Ptilimnium nodosum,
				harperella.
21. Puto kosztarabi,
				Buffalo Mountain mealybug.
22.
				Scirpus ancistrochaetus, Northeastern bulrush.
23. Sigara depressa, Virginia Piedmont water
				boatman.
24. Spiraea virginiana,
				Virginia spiraea.
25. Trifolium
				calcaricum, running glade clover.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 321 - REGULATION OF THE HARVEST AND PURCHASE OF WILD GINSENG › Section 2VAC5-321-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms shall have the following
				  meaning unless the context clearly indicates otherwise:
"Artificially propagated" means cultivated, woodsgrown, or
				  any other method of producing ginseng under controlled conditions that include,
				  but are not limited to, tillage, fertilization, and pesticide
				  application.
"Certified wild ginseng" means wild ginseng for which the
				  department has issued a Ginseng Inspection Certificate.
"Cultivated" means purposefully planted in beds under
				  artificial shade using standard horticultural practices such as mechanical
				  tillage, fertilization, weed control, irrigation, and pesticide
				  application.
"Dealer" means a person licensed by the department pursuant
				  to § 3.2-1007 of the Code of Virginia to buy or otherwise accept wild
				  ginseng or parts thereof for resale.
"Department" means the Virginia Department of Agriculture and
				  Consumer Services.
"Person" meansthe term as defined in § 1-230 of the Code
				  of Virginia.
"Prong" means a leaf with five leaflets.
"Rhizome" means a horizontal plant stem with shoots above and
				  roots below.
"Uncertified dry wild ginseng root" means wild ginseng root
				  that contains no moisture or that lacks sufficient moisture to remain viable
				  and for which the department has not issued a Ginseng Inspection
				  Certificate.
"Uncertified green wild ginseng root" means wild ginseng root
				  that contains sufficient moisture to be viable and for which the department has
				  not issued a Ginseng Inspection Certificate.
"Wild ginseng" means American ginseng, Panax quinquefolius
				  L., that is grown with minimal human interference and is not artificially
				  propagated.
"Woodsgrown" means purposefully planted in beds prepared in
				  the woods in a manner that uses trees to provide necessary shade and may be
				  grown with the use of chemical or mechanical weed, disease, or pest control
				  agents.
Statutory Authority
§ 3.2-1002 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 321 - REGULATION OF THE HARVEST AND PURCHASE OF WILD GINSENG › Section 2VAC5-321-20 - Regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
The plant and plant parts of wild ginseng in any life stage
				  are regulated under the provisions of this chapter.
Statutory Authority
§ 3.2-1002 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 321 - REGULATION OF THE HARVEST AND PURCHASE OF WILD GINSENG › Section 2VAC5-321-30 - Conditions governing the harvest of wild ginseng

Current through Register Vol. 40, No. 24, July 15, 2024
A. The harvest season for wild ginseng begins
				on September 1 and ends on December 31 of each year.
B. A person may not harvest wild ginseng from
				January 1 through August 31 of each year.
C. A person may not harvest wild ginseng
				that:
1. Is younger than five years of
				age;
2. Has fewer than four stem
				scars present on its rhizome; or
3.
				Has fewer than three prongs.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 321 - REGULATION OF THE HARVEST AND PURCHASE OF WILD GINSENG › Section 2VAC5-321-40 - Conditions governing the purchase of wild ginseng

Current through Register Vol. 40, No. 24, July 15, 2024
A. A dealer may purchase certified wild
				ginseng at any time throughout the year.
B. A dealer may only purchase uncertified
				green wild ginseng root from September 1 of each year through January 14 of the
				following year.
C. A dealer may
				only purchase uncertified dry wild ginseng root from September 15 of each year
				through March 31 of the following year.
Statutory Authority
§ 3.2-1002 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 321 - REGULATION OF THE HARVEST AND PURCHASE OF WILD GINSENG › Section 2VAC5-321-50 - Exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to
				§§ 3.2-1003 and 3.2-1007 of the Code of Virginia, the provisions of
				this chapter do not apply to any person harvesting wild ginseng from his own
				land.
B. The provisions of this
				chapter do not apply to any person harvesting wild ginseng in accordance with a
				permit issued pursuant to § 3.2-1004 of the Code of Virginia.
Statutory Authority
§ 3.2-1002 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-10 - 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:
"Associated equipment" means articles associated with mobile
				  homes and recreational vehicles such as, but not limited to: awnings, tents,
				  outdoor furniture, trailer blocks, LP gas containers and trailer skirts.
"Compliance agreement" means a written agreement between a
				  person engaged in growing, handling, or moving regulated articles, and the
				  VDACS, U.S. Department of Agriculture (USDA), or both, wherein the former
				  agrees to comply with the requirements of the compliance agreement.
"Gypsy moth" means the insect "Lymantria dispar" (Linnaeus)
				  in any living stage.
"Hazardous recreational vehicle site" means any site where a
				  recreational vehicle is, or may be parked, which is determined by an inspector
				  to harbor populations of gypsy moth that could be spread by movement of
				  recreational vehicles or associated equipment.
"Inspector" means any employee of the Virginia Department of
				  Agriculture and Consumer Services, or other person authorized by the
				  commissioner to enforce the provisions of the quarantine and chapter.
"Mobile home" means any vehicle, other than a recreational
				  vehicle, designed to serve, when parked, as a dwelling or place of
				  business.
"Outdoor household articles" means articles associated with a
				  household that have been kept outside the home, including but not limited to
				  outdoor furniture, barbeque grills, building materials, children's play things,
				  yard items, trash cans, dog houses, boats, hauling trailers, garden tools,
				  tents, and awnings.
"Recreational vehicles" means highway vehicles, including
				  pickup truck campers, one-piece motor homes, and camping or travel trailers,
				  designed to serve as a temporary dwelling.
"Scientific permit" means a document issued by the Virginia
				  Department of Agriculture and Consumer Services to authorize movement of
				  regulated articles to a specified destination for scientific purposes.
"Virginia Pest Law" means that law set forth in Article 1
				  (§ 3.2-700 et seq.) of Chapter 7 of Title 3.2 of the Code of
				  Virginia.
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 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-20 - Regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
The following articles are regulated under the provisions of
				  this quarantine, and shall not be moved into or within Virginia, except in
				  compliance with the conditions prescribed in this quarantine:
1. Trees with roots, shrubs with roots, and
				persistent woody stems, except if greenhouse grown throughout the
				year.
2. Logs and pulpwood, except
				if moved to a mill operating under a compliance agreement.
3. Firewood.
4. Mobile homes and associated
				equipment.
5. Recreational vehicles
				and associated equipment, moving from hazardous recreational vehicle sites and
				the person in charge of the site has been notified.
6. Cut Christmas trees.
7. Any other products, articles (e.g.,
				outdoor household articles), or means of conveyance, of any character
				whatsoever, when it is determined by an inspector that any life stage of gypsy
				moth is in proximity to such articles and the articles present a risk of
				artificial spread of gypsy moth infestations and the person in possession
				thereof has been so notified.
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 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-30 - Regulated areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any area of
				another state or the District of Columbia, whether designated high risk or low
				risk, in which gypsy moth is known to occur and is so geographically described
				and regulated by the United States Department of Agriculture under federal
				Gypsy Moth Quarantine (7 CFR Part 301 Subpart - Gypsy Moth) or under a state
				gypsy moth quarantine or other state legislation.
B. The following areas in Virginia:
1. The entire counties of: Accomack,
				Albemarle, Alleghany, Amelia, Amherst, Appomattox, Arlington, Augusta, Bath,
				Bedford, Bland, Botetourt, Brunswick, Buckingham, Campbell, Caroline, Charles
				City, Charlotte, Chesterfield, Clarke, Craig, Culpeper, Cumberland, Dinwiddie,
				Essex, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Giles,
				Gloucester, Goochland, Greene, Greensville, Halifax, Hanover, Henrico,
				Highland, Isle of Wight, James City, King George, King and Queen, King William,
				Lancaster, Loudoun, Louisa, Lunenburg, Madison, Mathews, Mecklenburg,
				Middlesex, Montgomery, Nelson, New Kent, Northampton, Northumberland, Nottoway,
				Orange, Page, Pittsylvania, Powhatan, Prince Edward, Prince George, Prince
				William, Pulaski, Rappahannock, Richmond, Roanoke, Rockbridge, Rockingham,
				Shenandoah, Southampton, Spotsylvania, Stafford, Surry, Sussex, Tazewell,
				Warren, Westmoreland, Wythe, and York.
2. The entire independent cities of:
				Alexandria, Bedford, Buena Vista, Charlottesville, Chesapeake, Clifton Forge,
				Colonial Heights, Covington, Danville, Emporia, Fairfax City, Falls Church,
				Franklin, Fredericksburg, Hampton, Harrisonburg, Hopewell, Lexington,
				Lynchburg, Manassas, Manassas Park, Newport News, Norfolk, Petersburg,
				Poquoson, Portsmouth, Radford, Richmond, Roanoke, Salem, Staunton, Suffolk,
				Virginia Beach, Waynesboro, Williamsburg, and Winchester.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-40 - Conditions governing movement of regulated articles into or within Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
A regulated article may not be moved into or within the state
				  from a regulated area as described in
				  2VAC5-330-30 unless a certificate
				  or permit has been issued and attached to the regulated article in accordance
				  with 2VAC5-330-50.
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 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-50 - Conditions governing the issuance of certificates and permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certificates.
				Certificates may be issued by an authorized inspector for the movement of the
				regulated articles designated in
				2VAC5-330-20 under any of the
				following conditions when:
1. In the judgment
				of the inspector, they have not been exposed to infestations;
2. They have been examined by the inspector
				and found to be free of gypsy moth;
3. They have been treated to destroy gypsy
				moth under the direction of the inspector and according to methods selected by
				him from administratively authorized procedures known to be effective under the
				conditions in which applied;
4.
				Grown, produced, manufactured, stored, or handled in such manner that, in the
				judgement of the inspector, gypsy moth would not be transmitted by movement of
				the article.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-60 - Cancellation of certificates or permits

Current through Register Vol. 40, No. 24, July 15, 2024
Any certificate or permit which has been issued or authorized
				  will be withdrawn by the inspector if he determines that the holder has not
				  complied with conditions for their use or with any applicable compliance
				  agreement.
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 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-70 - Inspection and disposal of regulated articles and pests

Current through Register Vol. 40, No. 24, July 15, 2024
Any properly identified inspector is authorized to stop and
				  inspect, and to seize, destroy, or otherwise dispose of, or require disposal of
				  regulated articles and gypsy moths as provided in the Virginia Pest Law under
				  which this quarantine is issued.
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 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-80 - Shipment for experimental or other scientific purposes

Current through Register Vol. 40, No. 24, July 15, 2024
Any living stage of gypsy moth may be moved intrastate only
				  if such movement is made for scientific purposes under scientific permit from
				  the Virginia Department of Agriculture and Consumer Services, and in accordance
				  with any conditions which may be required in the permit. The permit shall be
				  securely attached to the outside of the shipping container.
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 330 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - VIRGINIA GYPSY MOTH QUARANTINE › Section 2VAC5-330-90 - Nonliability of the department

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Department of Agriculture and Consumer Services
				  shall not be liable for any costs incident to inspections required under the
				  provisions of the quarantine and chapters, other than for the services of the
				  inspector.
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 2VAC5-336-10 - Declaration of quarantine

Current through Register Vol. 40, No. 24, July 15, 2024
A quarantine is hereby established to restrict the movement
				  of certain articles capable of transporting Spotted Lanternfly, Lycorma
				  delicatula
,
unless such articles comply with the conditions
				  specified in 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 2VAC5-336-20 - Purpose of quarantine

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this quarantine is to help prevent the
				  artificial spread of Spotted Lanternfly to uninfested areas of the Commonwealth
				  by regulating the movement of articles that are capable of transporting the
				  Spotted Lanternfly. The Spotted Lanternfly is a new pest to the United States
				  and has become established in the Commonwealth. The Spotted Lanternfly has the
				  potential to spread to uninfested areas by natural means or through the
				  movement of infested articles.
The Spotted Lanternfly is not native to the Commonwealth or
				  the United States and is a threat to forests, ornamental trees, orchards, and
				  grapes. It is not yet widely prevalent or distributed within or throughout the
				  Commonwealth. The Board of Agriculture and Consumer Services has determined
				  that the Spotted Lanternfly is dangerous and destructive to the agriculture,
				  horticulture, and forests of this Commonwealth.
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 2VAC5-336-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms shall have the following
				  meanings when used in this chapter, unless the context clearly indicates
				  otherwise:
"Commissioner" means the Commissioner of the Virginia
				  Department of Agriculture and Consumer Services.
"Commonwealth" means the Commonwealth of Virginia.
"Compliance agreement" means a written agreement between a
				  person engaged in growing, handling, receiving, or moving regulated articles
				  and the department, wherein the former agrees to comply with the requirements
				  of the compliance agreement and comply with the provisions of this
				  chapter.
"Department" means the Virginia Department of Agriculture and
				  Consumer Services.
"Infestation" means the presence of the Spotted Lanternfly or
				  the existence of circumstances that make it reasonable to suspect that the
				  Spotted Lanternfly is present.
"Inspection statement" means an official document provided by
				  the department that must be completed and accompany regulated articles moving
				  out of the regulated area.
"Inspector" means an employee of the department or other
				  person authorized by the commissioner to enforce the provisions of this
				  chapter.
"Moved," "move," or "movement" means shipped; offered for
				  shipment; received for transportation; transported; carried; or allowed to be
				  moved, shipped, transported, or carried.
"Permit" means a document issued by the commissioner to a
				  person to allow the movement of regulated articles out of the regulated area
				  under conditions specified within the permit.
"Person" means the term as defined in §
									1-230 of the Code of
				  Virginia, which includes any individual, corporation, partnership, association,
				  cooperative, limited liability company, trust, joint venture, government,
				  political subdivision, or any other legal or commercial entity and any
				  successor, representative, agent, agency, or instrumentality thereof.
"Regulated area" means the localities listed in
				  2VAC5-336-50.
"Spotted Lanternfly" means the live insect, Lycorma
				  delicatula
,
in any life stage.
"Training credentials" means documentation verifying
				  successful completion of department-approved Spotted Lanternfly
				  training.
"Virginia Tree and Crop Pests Law" means Chapter 7 (§
									3.2-700 et seq.) of
				  Title 3.2 of the Code of Virginia.
Statutory Authority: §
											3.2-703
					 of the Code of Virginia.