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Virginia Administrative Code
Title 2. Agriculture
12/5/2021

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, the State Veterinarian, and the Director of the Division of Marketing and Development. 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 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. Code of Virginia, Title 3.2, Chapter 5.

The agency is authorized to adopt regulations to register persons to grow, deal in, or process industrial hemp or to implement the provisions of the Industrial Hemp Law. Code of Virginia, Title 3.2, Chapter 41.1.

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. Code of Virginia, Title 58.1, Chapter 32, Article 4.

DIVISION OF ANIMAL AND FOOD INDUSTRY SERVICES

The agency is authorized 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; and to promulgate regulations for the efficient enforcement of the adulteration, misbranding, and false advertising provisions of the Food and Drink Law. Code of Virginia, Title 3.2, Chapter 51.

The agency is authorized to adopt regulations necessary or convenient to carry out the purposes of the Produce Safety Law. Code of Virginia, Title 3.2, Chapter 51.1.

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 52.

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 52.

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 52.

The agency is authorized to establish standards, grades, and size-weight classes, including standards for the term "ungraded,” for eggs marketed in the Commonwealth. Additionally, rules and regulations may be promulgated as necessary for the proper administration and implementation of the Virginia egg laws. Code of Virginia, Title 3.2, Chapter 53.

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 54.

The agency is authorized 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, and animals or poultry; and condemn diseased livestock and poultry. The agency has similar authority for the purpose of abating the presence of biological residues. Code of Virginia, Title 3.2, Chapter 60.

The agency may adopt regulations 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. Code of Virginia, Title 3.2, Chapter 60.

The statute prohibiting feeding garbage to swine 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. Code of Virginia, Title 3.2, Chapter 60.

The agency is required to make regulations for shooting enclosures. Code of Virginia, Title 3.2, Chapter 60.

Cattle owners using brands are required to register them 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. Code of Virginia, Title 3.2, Chapter 61.

Under the Comprehensive Animal Care Law, the agency may make regulations governing the care and transportation of animals. Code of Virginia, Title 3.2, Chapter 65.

The agency is required to promulgate regulations for use in determining whether a private animal shelter meets the purpose of finding permanent adoptive homes for animals. Chapter 319 of the 2016 Acts of Assembly.

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. Code of Virginia, Title 3.2, Chapter 65.

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

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 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. Code of Virginia, Title 3.2, Chapter 7.

The agency is authorized to establish by regulations those weeds deemed to be noxious weeds not otherwise so declared by the terms of the Noxious Weeds Law. Code of Virginia, Title 3.2, Chapter 8.

The agency is authorized to make regulations to declare plant or insect species to be 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. Code of Virginia, Title 3.2, Chapter 10.

The agency is authorized to adopt regulations to certify the competence of certain individuals or entities who apply fertilizer to nonagricultural land and to prevent misbranding and the use of harmful materials; 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. Code of Virginia, Title 3.2, Chapter 36.

The agency is authorized 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 Agricultural Liming Materials Law. Code of Virginia, Title 3.2, Chapter 37.

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 38.

The 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. Code of Virginia, Title 3.2, Chapter 39.

The agency is authorized to make regulations fixing standards for seed and governing their labeling, to license entities whose name appears 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. Code of Virginia, Title 3.2, Chapter 40.

The agency is authorized to adopt regulations including best management practices for the operation of apiaries in order to limit operator liability. Code of Virginia, Title 3.2, Chapter 44.

The agency is authorized 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 consignors' complaints and may order appropriate relief. Code of Virginia, Title 3.2, Chapter 47.

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 47.

The agency is authorized to make regulations fixing standards for commercial feeds and governing their 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. Code of Virginia, Title 3.2, Chapter 48.

The agency is authorized to make regulations governing the safe use of animal remedies; to register names, brands, and trademarks; and to issue stop-sale orders. Code of Virginia, Title 3.2, Chapter 49.

The agency is authorized to test and inspect weights and measures offered for sale or commercially used; may issue stop-sale orders; may seize commodities, weights, or measures; and may assess civil penalties. The regulation adopted under this authority was repealed in January 2012.  Code of Virginia, Title 3.2, Chapter 56.

The agency is authorized 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 to 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. Code of Virginia, Title 57, Chapter 5.

The agency is authorized 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 this chapter or its 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. Code of Virginia, Title 59.1, Chapter 12.

DIVISION OF MARKETING AND DEVELOPMENT

The agency is authorized 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. Code of Virginia, Title 3.2, Chapter 1.

The agency is authorized 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 thereunder by the Potato Board, has the right of entry and inspection, and may issue stop-sale orders. Code of Virginia, Title 3.2, Chapter 18.

The agency may establish grades, trademarks, brands, and other markings for any agricultural product and make regulations governing their voluntary use. The agency has the right of entry and inspection, may forbid the movement of improperly marked products, and may require unpacking or remarking. Code of Virginia, Title 3.2, Chapter 43.

The agency may make regulations governing voluntary use of the Virginia Quality Label for agricultural products. Title 3.2, Chapter 43.

The agency may adopt federal marketing agreements and codes and make regulations to carry out the statutes respecting the sale of farm produce. Code of Virginia, Title 3.2, Chapter 47.

The agency is authorized 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 their equipment and operations. Code of Virginia, Title 3.2, Chapter 43.

The agency is authorized to make regulations establishing official grades and standards for apples and governing the marking of apple containers. Code of Virginia, Title 3.2, Chapter 45.

The agency may also make regulations governing controlled atmosphere storage of apples and peaches, register warehouses, and certify fruit so stored. Code of Virginia, Title 3.2, Chapter 46.

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. Code of Virginia, Title 3.2, Chapter 47.

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. Code of Virginia, Title 3.2, Chapter 47.

Rev. 08/2019

 

 

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