2VAC5. Department of Agriculture And Consumer Services
VAC AGENCY NO. 5
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
AGENCY SUMMARY
The Department of Agriculture and Consumer Services operates under the supervision of the Secretary of Agriculture and Forestry. Regulations are available at the agency's principal office, located at 102 Governor Street, Richmond, VA 23219. Internet address: http://www.vdacs.virginia.gov
Authority to make regulations of the agency lies with, among others, the Board of Agriculture and Consumer Services, the Potato Board, the Commissioner of Agriculture and Consumer Services, and the State Veterinarian. Rulemaking powers are listed under the division or office of the agency charged with the administration of the regulations.
COMMISSIONER'S OFFICE
The agency is authorized pursuant to Chapter 5 (§ 3.2-500 et seq.) of Title 3.2 of the Code of Virginia to develop programs of general relief to farmers affected by major disasters and to make regulations respecting these programs and governing disaster loans for farmers.
The agency is authorized pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 of the Code of Virginia to adopt regulations to register persons to grow, handle, or process industrial hemp, to establish a fee structure for industrial hemp registrations, and to implement the provisions of the Industrial Hemp Law.
Pursuant to the Administrative Process Act, the agency has developed public participation guidelines for soliciting the input of the public in the development of certain regulations.
The agency has developed standards for the determination of whether real estate is devoted to agricultural or horticultural purposes pursuant to Article 4 (§ 58.1-3230 et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia.
DIVISION OF ANIMAL AND FOOD INDUSTRY SERVICES
The agency is authorized pursuant to Chapter 51 (§ 3.2-5100 et seq.) of Title 3.2 of the Code of Virginia to publish standards for any article of food; to establish the following for any food or class of food: labeling requirements, a reasonable definition and standard of identity, and a reasonable standard of quality and fill of containers or tolerance or limits of variability; to promulgate regulations for the efficient enforcement of the adulteration, misbranding, and false advertising provisions of the Food and Drink Law; to promulgate regulations identifying contaminants of and labeling and batch testing requirements for industrial hemp extracts or a food containing an industrial hemp extract; and to promulgate regulations for the efficient issuance of permits to any food manufacturer, food storage warehouse, or retail food establishment.
The agency is authorized pursuant to Chapter 51.1 (§ 3.2-5146 et seq.) of Title 3.2 of the Code of Virginia to adopt regulations necessary or convenient to carry out the purposes of the Produce Safety Law.
The agency is authorized pursuant to Chapter 52 (§ 3.2-5200 et seq.) of Title 3.2 of the Code of Virginia to establish definitions and standards of quality and identity and to adopt and enforce regulations dealing with the issuance of permits, production, importation, processing, grading, labeling, and sanitary standards for milk, milk products, market milk, market milk products, and those products manufactured or sold in semblance to or as substitutes therefor.
The agency is authorized pursuant to Chapter 52 (§ 3.2-5200 et seq.) of Title 3.2 of the Code of Virginia to make and enforce rules governing applications for certificates of competency to manipulate the Babcock or other centrifugal machines or to sample or weigh milk or cream. The agency is authorized to promulgate and enforce rules and regulations governing the equipment, standards, and procedures used in receiving, weighing, measuring, sampling, and testing of milk or other fluid dairy products when the results are to be used for the purpose of inspection, check testing, or as a basis for payment in buying or selling.
The agency is authorized pursuant to Chapter 52 (§ 3.2-5200 et seq.) of Title 3.2 of the Code of Virginia to establish definitions and standards of quality and identity and to adopt and enforce regulations dealing with the issuance of permits, labeling, and sanitary standards for ice cream, ice milk, frozen custards, sherbets, water ices, related foods, other similar products, and those products manufactured or sold in semblance to or as substitutes therefor.
The agency is authorized pursuant to Chapter 53 (§ 3.2-5300 et seq.) of Title 3.2 of the Code of Virginia to establish standards, grades, and size-weight classes, including standards for the term "ungraded," for eggs marketed in the Commonwealth. Additionally, the agency may promulgate rules and regulations as necessary for the proper administration and implementation of the Virginia egg laws.
The agency is authorized pursuant to Chapter 54 (§ 3.2-5400 et seq.) of Title 3.2 of the Code of Virginia to enforce requirements on meat and poultry slaughter or processing operations shipping in intrastate commerce that are at least equal to those found in the federal Meat Inspection Act and the federal Poultry Products Inspection Act.
The agency is authorized pursuant to Chapter 60 (§ 3.2-6000 et seq.) of Title 3.2 of the Code of Virginia to make regulations for the purpose of eradicating and preventing disease in livestock and poultry and certain other animals and birds, including requirements for interstate movement, operation of livestock markets, testing, laboratory fees, and reporting of certain animal diseases. The agency may impose quarantines; require treatment of premises, vehicles, animals, or poultry; and condemn diseased livestock and poultry. The agency has similar authority for the purpose of abating the presence of biological residues.
The agency may adopt regulations pursuant to Chapter 60 (§ 3.2-6000 et seq.) of Title 3.2 of the Code of Virginia concerning the disposal of dead poultry, including specifications of disposal pits, incinerators, composting, and rendering. The State Veterinarian may authorize disposal of dead poultry by a method other than as provided by statute if he determines that the method meets standards for such disposal.
Chapter 60 (§ 3.2-6000 et seq.) of Title 3.2 of the Code of Virginia authorizes the agency to exclude certain treated wastes from the statutory definition of garbage; materials so excluded are thereby subjected to regulations as commercial feed.
The agency is required to make regulations for shooting enclosures pursuant to Chapter 60 (§ 3.2-6000 et seq.) of Title 3.2 of the Code of Virginia.
Pursuant to Chapter 61 (§ 3.2-6100 et seq.) of Title 3.2 of the Code of Virginia, cattle owners using brands are required to register the brands with the agency and to notify the agency of transfers, and livestock markets are required to keep available for inspection the agency's official register of brands; the Commissioner, with the approval of the Board of Agriculture and Consumer Services, may make regulations to carry out the Cattle Branding and Registration Law.
Pursuant to Chapter 65 (§ 3.2-6500 et seq.) of Title 3.2 of the Code of Virginia, the agency may make regulations governing the care and transportation of animals and shall adopt regulations governing the keeping of dogs and cats by a pet shop.
The agency is required by Chapter 319 of the 2016 Acts of Assembly to promulgate regulations for use in determining whether a private animal shelter meets the purpose of finding permanent adoptive homes for animals.
Pursuant to Chapter 65 (§ 3.2-6500 et seq.) of Title 3.2 of the Code of Virginia, the governing body of each county or city is required to maintain a public animal shelter in accordance with laws of the Commonwealth. If animals in public animal shelters or other animal holding facilities must be euthanized, methods used must be approved or prescribed by the State Veterinarian.
DIVISION OF CONSUMER PROTECTION
The following laws in the Code of Virginia provide for the adoption of rules and regulations by the agency; however, none have been promulgated at this time:
Cotton Handlers, Title 3.2, Chapter 47, Article 5
Weights and Measures Service Agencies and Technicians, Title 3.2, Chapter 57
Public Weighmasters, Title 3.2, Chapter 58
Virginia Health Club Act, Title 59.1, Chapter 24
Virginia Membership Camping Act, Title 59.1, Chapter 25
Home Service Contract Providers, Title 59.1, Chapter 33.1
Extended Service Contract Act, Title 59.1, Chapter 34
Legal Services Contracts, Title 59.1, Chapter 34.1
The Virginia Travel Club Act, Title 59.1, Chapter 36
Handling and Sale of Burley Tobacco, Title 61.1, Chapter 7
Cleaning Agents, Title 62.1, Chapter 19.1
The rulemaking authority for the regulations administered by the Division of Consumer Protection is as follows:
The agency is authorized by Chapter 7 (§ 3.2-700 et seq.) of Title 3.2 of the Code of Virginia to protect the agricultural, horticultural, and other interests of the state from plant pests and may conduct abundance surveys and implement eradication or suppression programs for the control of pests. The agency is also authorized to establish quarantines when necessary to prevent or retard the spread of plant pests.
The agency is authorized by Chapter 8 (§ 3.2-800 et seq.) of Title 3.2 of the Code of Virginia to establish by regulation those weeds deemed to be noxious weeds not otherwise so declared by the terms of the Noxious Weeds Law and is required to adopt regulations requiring tradespersons involved with installing plants to provide written notification to property owners for all plants proposed for installation that are included on the Department of Conservation and Recreation's Invasive Plant Species List.
The agency is authorized by Chapter 10 (§ 3.2-1000 et seq.) of Title 3.2 of the Code of Virginia to make regulations to declare plant or insect species threatened or endangered and to establish programs for preservation. The agency may also regulate the harvest of ginseng and establish programs as deemed necessary for the management of this species.
The agency is authorized by Chapter 36 (§ 3.2-3600 et seq.) of Title 3.2 of the Code of Virginia to adopt regulations to certify the competence of certain individuals or entities that apply fertilizer to nonagricultural land and to prevent misbranding and the use of harmful materials; to license manufacturers and distributors of farm crop fertilizers, nonfarm fertilizers, soil amendments, and horticultural growing media; to register brands of nonfarm fertilizers, soil amendments, and horticultural growing media; and to issue stop-sale orders, assess penalties, and seize unlawful products.
The agency is authorized by Chapter 37 (§ 3.2-3700 et seq.) of Title 3.2 of the Code of Virginia to license manufacturers and distributors of liming materials; to register brands of agricultural liming material; to license retail sellers of bulk liming materials; to issue stop-sale orders, assess penalties, and seize unlawful products; and to make regulations to carry out the Agriculture Liming Materials Law.
The agency is authorized by Chapter 38 (§ 3.2-3800 et seq.) of Title 3.2 of the Code of Virginia to license nurserymen and nursery stock dealers and make regulations for control of plant pests. The agency may also issue stop-sale orders, seize plants, and require corrective measures.
Pursuant to Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia agency may make regulations relating to pesticide control (i) concerning the licensing of related businesses, registration of pesticides, certification of pesticide applicators, or restriction or prohibition of the sale or use and disposal of any pesticide and (ii) establishing a fee structure for licensure, registration, and certification.
The agency is authorized by Chapter 40 (§ 3.2-4000 et seq.) of Title 3.2 of the Code of Virginia to make regulations fixing standards for seed and governing seed labeling, to license entities whose names appear on the label of seed, and to issue stop-sale orders and assess penalties for nonconforming seeds. The agency is authorized to register lawn and turf seed mixtures and may require registration of any variety of hybrid.
The agency is authorized by Chapter 44 (§ 3.2-4400 et seq.) of Title 3.2 of the Code of Virginia to adopt regulations, including best management practices for the operation of apiaries in order to limit operator liability.
The agency is authorized by Chapter 47 (§ 3.2-4700 et seq.) of Title 3.2 of the Code of Virginia to license commission merchants dealing in farm products, including operators of livestock markets, and to make regulations to prevent unfair and fraudulent practices and price fixing. The agency may hear consignor complaints and may order appropriate relief.
The agency is authorized by Chapter 47 (§ 3.2-4700 et seq.) of Title 3.2 of the Code of Virginia to license and require bonding of dealers in agricultural products, including processors; to make regulations to prevent fraudulent or deceptive practices; and to ensure accurate accounting of and prompt payment for produce.
The agency is authorized by Chapter 48 (§ 3.2-4800 et seq.) of Title 3.2 of the Code of Virginia to make regulations fixing standards for commercial feeds and governing commercial feed labeling; to register medicated feeds, specialty pet food, and commercial feeds sold in individual packages of 10 pounds or less; and to license manufacturers and distributors of commercial feeds and contract feeders. The agency is also authorized to assess penalties and issue stop-sale orders for unlawful products.
The agency is authorized by Chapter 49 (§ 3.2-4900 et seq.) of Title 3.2 of the Code of Virginia to make regulations governing the safe use of animal remedies; to register names, brands, and trademarks; and to issue stop-sale orders.
The agency is authorized by Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2 of the Code of Virginia to test and inspect weights and measures offered for sale or commercially used; to issue stop-sale orders; to seize commodities, weights, or measures; and to assess civil penalties. The regulation adopted under this authority was repealed in January 2012.
The agency is authorized by Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia to regulate the solicitation of contributions for charitable purposes by charitable and civic organizations and professional solicitors; to register annually or grant exemption from annual registration charitable or civic organizations; to register professional solicitors and professional fund raising counsels; to issue press releases informing the public of charitable or civic organizations or professional solicitors who fail to register as required by law; and to develop regulations for the achievement of uniform regulation and enforcement of charitable solicitations throughout the Commonwealth.
The agency is authorized by Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of Virginia to make inspections and collect samples of motor fuels for testing to specified standards; to register product names; to prohibit the sale of motor fuel that does not meet the specifications provided in the chapter or the agency's regulations; to make regulations for the oxygenation of gasoline as required by federal law; to enforce labeling of petroleum product dispensers; and to assess civil penalties.
The agency is required by Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia to promulgate regulations concerning charitable gaming activities in the Commonwealth.. These regulations are established in Title 11 of the Virginia Administrative Code under Agency No. 20.
DIVISION OF MARKETING AND DEVELOPMENT
The agency is authorized by Chapter 1 (§ 3.2-100 et seq.) of Title 3.2 of the Code of Virginia to establish a program of financial incentives designed to encourage, expand, and develop the breeding of horses in Virginia and is directed to adopt appropriate regulations for the administration of the Horse Breeder Incentive Program.
The agency is authorized by Chapter 18 (§ 3.2-1800 et seq.) of Title 3.2 of the Code of Virginia to adopt regulations to improve agricultural production in Virginia, to enable potato growers to secure higher quality potatoes for the purpose of propagation, to prevent the spread of diseases affecting agriculture, and to promote the general welfare of the public. The agency is vested with enforcement of the seed potato standards promulgated by the Potato Board, has the right of entry and inspection, and may issue stop-sale orders.
The agency is authorized by Chapter 7 (§ 61.1-57 et seq.) of Title 61.1 of the Code of Virginia to establish rules and regulations for the enforcement of state law governing the handling and sale of burley tobacco. Code of Virginia, Title 61.1, Chapter 7.
DIVISION OF COMMODITY SERVICES
The agency may license grain handlers and make regulations governing grain handler equipment and operations pursuant to Chapter 43 (§ 3.2-4300 et seq.) of Title 3.2 of the Code of Virginia.
The agency may establish grades, trademarks, brands, and other markings for any agricultural product and make regulations governing the voluntary use of such markings. The agency has the right of entry and inspection, may forbid the movement of improperly marked products, and may require unpacking or re-marking pursuant to Chapter 43 (§ 3.2-4300 et seq.) of Title 3.2 of the Code of Virginia.
The agency may make regulations governing voluntary use of the Virginia Quality Label for agricultural products pursuant to Chapter 43 (§ 3.2-4300 et seq.) of Title 3.2 of the Code of Virginia.
The agency is authorized by Chapter 45 (§ 3.2-4500 et seq.) of Title 3.2 of the Code of Virginia to make regulations establishing official grades and standards for apples and governing the marking of apple containers.
The agency may make regulations governing controlled atmosphere storage of apples and peaches, register warehouses, and may certify fruit so stored pursuant to Chapter 46 (§ 3.2-4600 et seq.) of Title 3.2 of the Code of Virginia.
The agency may license grain dealers and make regulations to carry out the licensing act, including the requirement of records to be kept by dealers pursuant to Chapter 47 (§ 3.2-4700 et seq.) of Title 3.2 of the Code of Virginia.
The agency may adopt federal marketing agreements and codes and make regulations to carry out the statutes respecting the sale of farm produce pursuant to Chapter 47 (§ 3.2-4700 et seq.) of Title 3.2 of the Code of Virginia.
On request of persons interested in a lot of any agricultural product, the agency may certify the lot's quality, condition, or grade pursuant to regulations issued for such purpose pursuant to Chapter 47 (§ 3.2-4700 et seq.) of Title 3.2 of the Code of Virginia.
Rev. 7/2024