Administrative Code

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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

2VAC5-317-40. Issuance and cancellation of certificates and permits.

A. A certificate or a permit may be issued by the commissioner for the movement of a regulated article into, within, or out of the Commonwealth when the regulated article meets the following three conditions:

1. The regulated article is to be moved:

a. To a specified destination under conditions that specify the limited handling, utilization, processing, or treatment of the article when the commissioner determines that such movement will not result in the spread of the noxious weed; or

b. By a state or federal agency, or person authorized by the department, for experimental or scientific purposes;

2. The regulated article is to be moved in compliance with all additional conditions deemed necessary under the Noxious Weeds Law to prevent the spread of the noxious weed; and

3. The regulated article is eligible for movement under all other domestic plant quarantines and regulations applicable to the regulated article.

B. Any certificate or permit that has been issued or authorized may be withdrawn by the commissioner orally or in writing if the commissioner determines that the holder of the certificate or permit has not complied with all conditions for the use of the certificate or permit or with any applicable compliance agreement. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing and communicated to the certificate or permit holder as promptly as circumstances allow.

Statutory Authority

§ 3.2-802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 31, Issue 9, eff. January 29, 2015; amended, Virginia Register Volume 34, Issue 4, eff. November 30, 2017.

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