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 2VAC5-317-10 - 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:
"Board" means the Virginia Board of Agriculture and Consumer
				  Services. "Business day" means a day that is not a Saturday, Sunday, or legal
				  holiday, or a day on which state government offices are closed.
"Certificate" means a document issued or authorized by the
				  commissioner indicating that a regulated article is not contaminated with a
				  noxious weed.
"Commissioner" means the Commissioner of the Virginia
				  Department of Agriculture and Consumer Services. "Committee" means the Noxious
				  Weeds Advisory Committee established pursuant to
				  2VAC5-317-100.
"Compliance agreement" means a written agreement between a
				  person engaged in handling, receiving, or moving regulated articles and the
				  Virginia Department of Agriculture and Consumer Services or the U.S. Department
				  of Agriculture, or both, wherein the former agrees to fulfill the requirements
				  of the compliance agreement and comply with the provisions of this chapter.
"Consignee" means any person to whom any regulated article is
				  shipped for handling, sale, resale, or any other purpose.
"Department" means the Virginia Department of Agriculture and
				  Consumer Services.
"Infested" or "infestation" means the presence of a listed
				  noxious weed or the existence of circumstances that make it reasonable to
				  believe that life stages of a listed noxious weed are 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 chapter.
"Listed noxious weed" means any plant listed in this chapter
				  as either a Tier 1, Tier 2, or Tier 3 noxious weed.
"Move" means to ship, offer for shipment, receive for
				  transportation, carry, or otherwise transport, move, or allow to be moved.
"Noxious weed" means the term as defined in §
									3.2-800 of the Code
				  of Virginia.
"Noxious Weeds Law" means the statute set forth in Chapter 8
				  (§
									3.2-800 et seq.) of
				  Title 3.2 of the Code of Virginia.
"Permit" means a document issued by the commissioner to
				  provide for movement of regulated articles to restricted destinations for
				  limited handling, utilization, processing, or scientific purposes.
"Person" means the term as defined in §
									1-230 of the Code of
				  Virginia.
"Regulated article" means any listed noxious weed or any
				  article carrying or capable of carrying a listed noxious weed.
"Tier 1 noxious weed" means any noxious weed that is not
				  known to be present in the Commonwealth.
"Tier 2 noxious weed" means any noxious weed that is present
				  in the Commonwealth and for which successful eradication or suppression is
				  feasible.
"Tier 3 noxious weed" means any noxious weed (i) that is
				  present in the Commonwealth and not listed as a Tier 1 or Tier 2 noxious weed,
				  (ii) whose spread may be slowed by restrictions on its movement, and (iii) for
				  which successful eradication or suppression is not feasible.
"Way bill" means a document containing the details of a
				  shipment of goods.
Statutory Authority: §
											3.2-802
					 of the Code of Virginia.