Virginia Administrative Code
Title 2 - AGRICULTURE
Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Current through Register Vol. 41, No. 3, September 23, 2024

AGENCY SUMMARY

The Department of Agriculture and Consumer Services operates under the supervision of the Secretary of Agriculture and Forestry. The department's principal offices, and those of the units noted below unless otherwise indicated, are in the Oliver W. Hill Building, 102 Governor Street, P.O. Box 1163, Richmond, VA 23218. Internet address: http://www.vdacs.virginia.gov

Authority to make regulations of the department lies with, among others, the Board of Agriculture and Consumer Services, the Milk Commission, the Potato Board, and the Charitable Gaming Board. Rulemaking powers are listed under the unit of the department charged with the administration of the regulations.

The department 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.

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 authority contained in Chapter 32 of Title 58.1 of the Code of Virginia.

DIVISION OF ANIMAL AND FOOD INDUSTRY SERVICES

The agency is authorized to fix and publish standards or limits of variability permissible in any article of food; to fix and establish for any food or class of food labeling requirements, a reasonable definition and standard of identity, reasonable standard of quality, fill of container, or tolerance or limits of variability; and to promulgate regulations for the efficient enforcement of the adulteration, misbranding and false advertising provisions of the Virginia Food Act. Code of Virginia, Title 3.2, Chapter 52.

The agency is authorized to establish definitions, 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 and 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 machine 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, and related foods and 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 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. It has similar authority for the purpose of abating the presence of biological residues. Code of Virginia, Title 3.2, Chapter 60.

The Board of Agriculture and Consumer Services 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 it of transfers, and livestock markets are required to keep available for inspection the department's official register of brands; the commissioner, with the approval of the board, may make regulations to carry out the statute. Code of Virginia, Title 3.2, Chapter 61.

Under the Comprehensive Animal Laws, the board may make regulations governing the care and transportation of animals, and the State Veterinarian has the power to inspect animal pounds and shelters, any business premises, and any foster homes of a companion animal rescue agency where animals are housed or kept. Code of Virginia, Title 3.2, Chapter 65.

The department investigates complaints of possible violations of care by privately owned boarding and grooming establishments. Code of Virginia, Title 3.2, Chapter 65.

The governing body of each county or city is required to maintain a pound in accordance with laws by the Commonwealth. If animals in pounds or other animal holding facilities must be destroyed, methods used must be approved or prescribed by the State Veterinarian. Code of Virginia, Title 3.2, Chapter 65.

The State Veterinarian, with the Department of Criminal Justice Services, is required to develop criteria to be used in approving training courses for animal control officers and deputy animal control officers. The State Veterinarian is required to approve all drugs and drug administering equipment used by animal control officers or other officers to capture companion animals. Code of Virginia, Title 3.2, Chapter 65.

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/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.

DIVISION OF CONSUMER PROTECTION

The Division of Consumer Protection administers assigned consumer and environmental protection laws and regulations to maintain honesty between the buyer and the seller; administers regulatory programs to ensure safe, wholesome, unadulterated and truthfully labeled products are offered for sale to consumers; protects the environment from pesticide misuses, plant insects and plant diseases; protects endangered plant and insect species; protects consumers against fraudulent, deceptive and illegal practices in order to reduce the incidence of economic crime while assisting in the resolution of product and service disputes and improving the ability of the consuming public to make informed decisions; and prevents unfair competition between the regulated industries.

The following laws in the Code of Virginia provide for the adoption of rules and regulations; however, none have been promulgated at this time:

Noxious Weed Law, Title 3.2 Chapter 8

Beekeeping, Title 3.2, Chapter 44

Cotton Handlers, Title 3.2, Chapter15

Weights and Measures Service Agencies and Technicians, Title 3.2, Chapter 57

Public Weighmasters, Title 3.2, Chapter 58

Nuisance Bird Law, Title 3.2, Chapter 9

Motor Vehicle Manufacturers' Warranty Adjustment Act, Title 59.1, Chapter 17.6

Virginia Health Spa Act, Title 59.1, Chapter 24

Virginia Membership Camping Act, Title 59.1, Chapter 25

Reduced Cigarette Ignition Propensity, Title 59.1, Chapter 23.1

Pay-Per-Call Services Act, Title 59.1, Chapter 33

Extended Service Contract Act, Title 59.1, Chapter 34

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 license manufacturers and distributors of farm crop fertilizers, nonfarm fertilizers, soil amendments, soil conditioners, and horticultural growing media; to register brands of nonfarm fertilizer soil amendments, soil conditioners, and horticultural growing media; to make regulations to prevent misbranding and the use of harmful materials; 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 make regulations to carry out the licensing act; and to issue stop-sale orders, assess penalties, and seize unlawful products. Code of Virginia, Title 3.2, Chapter 37.

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. Code of Virginia, Title 3.2, Chapter 38.

The Board of Agriculture and Consumer Services may adopt regulations relating to pesticide control concerning the licensing of related businesses, registration of pesticides, certification of pesticide applicators, restriction or prohibition of pesticides, and disposal of such products.

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 is authorized to license labelers of seed, to make regulations fixing standards for seed and governing their labeling, and to issue stop-sale orders and assess penalties for nonconforming seeds. It 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 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. Code of Virginia, Title 3.2, Chapter 18.

To provide for the orderly marketing of apples and the protection of the purchasing public, the agency is authorized to adopt reasonable rules and regulations for the implementation and enforcement of grading, packing and marking provisions, and to establish and promulgate official grades and standards for apples by which the quality, quantity and size of the apples may be determined. Code of Virginia, Title 3.2, Chapter 45.

The agency is authorized to license commission merchants dealing in farm products (including operators of livestock markets) and to make regulations to carry out the act for prevention of 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 carry out the Act for prevention of 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 names, brands, and trademarks of commercial feeds sold in individual packages of ten 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 make regulations establishing standards for all weights and measures and instruments therefor; may issue stop-sale orders; may seize commodities, weights or measures; and may assess civil penalties. Code of Virginia, Title 3.2, Chapter 56.

The agency is authorized to regulate the harvest of ginseng and establish programs as deemed necessary for the management of this species. The agency may also make regulations to declare other species to be threatened or endangered and to establish programs for preservation. Code of Virginia, Title 3.2, Chapter 10.

The agency is authorized to regulate the solicitation of contributions for charitable purposes by charitable and civic organizations and professional solicitors; to register or grant exemption from registration to charitable or civic organizations; to register professional solicitors and professional fund raising counsels; to issue press releases informing the public of charitable 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 enforce labeling of petroleum dispensers; to register product names and trademarks; to make regulations for the oxygenation of gasoline as required by federal law; and to assess civil penalties. Code of Virginia, Title 59.1, Chapter 12.

DIVISION OF MARKETING

It is authorized to make regulations establishing official grades and standards for apples and governing the marking of apple containers. Title 3.2, Chapter 45, Article 1. It may also make regulations governing controlled atmosphere storage of apples and peaches and register warehouses and certify fruit so stored. Title 3.2, Chapter 46. It may license grain handlers and make regulations governing their equipment and operations. Title 3.2, Chapter 43. It may license grain dealers and make regulations to carry out the licensing act, including the requirement of records to be kept by dealers. Title 3.2, Chapter 18.

The agency is vested with enforcement of the Virginia Seed Potato Inspection Law and standards promulgated thereunder by the Potato Board; it has the right of entry and inspection and may issue stop-sale orders. Code of Virginia, Title 3.2, Chapter 41.

It is authorized to establish standard grades for dark fire-cured tobacco in green order; and to inspect, grade, and label such tobacco. Code of Virginia, Title 3.2, Chapter 25.

Proprietors of tobacco warehouses are required to make to the agency monthly reports of their sales. Title 61.1, Chapters 4, 5, and 6.

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

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

On request of persons interested in a lot of any agricultural product, it may certify its quality, condition, or grade, pursuant to regulations issued for such purpose. Title 3.2, Chapter 47.

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

The agency is authorized to establish a program of financial incentives designed to encourage, expand, and develop the breeding of horses in Virginia. The department is directed to adopt appropriate regulations for the administration of the Horse Breeder Incentive Program. Code of Virginia, Title 3.2, Chapter 1.

Rev. 7/2012