Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 26 Sale Of Farm Produce

3.1-685 (Repealed effective October 1, 2008) Division of Marketing; administration; appointment of Directo...
For the purpose of promoting the economical handling, packing, storage, distribution and sale of agricultural products in the Commonwealth, and for the further purpose of ...
3.1-686 (Repealed effective October 1, 2008) Powers and duties of Director
In the administration of the Division of Marketing, the Director shall exercise and discharge the following powers and duties, under the supervision of the Commissioner: ...
3.1-687 (Repealed effective October 1, 2008) Division to disseminate information
The Division of Marketing shall gather and disseminate information on all subjects relating to the marketing and distribution of Virginia agricultural products, and by correspondence ...
3.1-688 (Repealed effective October 1, 2008) Investigation and correction of improper practices; finding ma...
The Division of Marketing shall investigate delays, improper conditions, overcharges and unfair rates in the transportation of agricultural products, and may cause proceedings to be ...
3.1-689 (Repealed effective October 1, 2008) Cooperation of United States Department of Agricultur...
In carrying out the provisions of this chapter, the Division shall endeavor to secure the cooperation and assistance of the office of markets of the ...
3.1-690 (Repealed effective October 1, 2008) Cooperation of Director with other federal officials
The Director with the approval of the Commissioner is empowered and directed, in his discretion: (a) To cooperate with federal officials, national, district and state ...
3.1-690.1 (Repealed effective October 1, 2008) Regulations
The Board of Agriculture and Consumer Services may (i) adopt any marketing agreement approved by federal officials under the federal Agricultural Adjustment Act or acts ...
3.1-690.2 (Repealed effective October 1, 2008) Enforcement; penalties
A. With the approval of the Commissioner, the Director may cause prosecution of any person who violates this article, a regulation or marketing agreement adopted ...
3.1-691 (Repealed effective October 1, 2008) Payment of expenses
The expenses incident to carrying out the provisions of §§ 3.1-685 and 3.1-689 shall be paid by the State Treasurer upon warrants drawn by the ...
3.1-692 (Repealed effective October 1, 2008) Definitions
Whenever used in this article: The term "person" shall mean and include an individual person, firm, partnership, corporation, association, or syndicate, their lessees, trustees, or ...
3.1-693 (Repealed effective October 1, 2008) License required
It shall be unlawful for any person to act as, operate, or carry on the business of, a commission merchant without first obtaining a license ...
3.1-694 (Repealed effective October 1, 2008) Application for license to be in writing
Application for license hereunder shall be made to the Commissioner in writing, signed and sworn to by the applicant. (Code 1950, § 3-536; 1966, c. ...
3.1-695 (Repealed effective October 1, 2008) Contents of application
The application shall state the name of the city or town where the business of commission merchant is to be conducted, the street and number ...
3.1-696 (Repealed effective October 1, 2008) Fee and bond to accompany license
Applications shall be accompanied by a license fee of $10, and a good and sufficient bond in the sum of $3,000 for all applications other ...
3.1-697 (Repealed effective October 1, 2008) Applications for renewal licenses
Upon the application accompanied by evidence of payment of renewal premium continuing the bond herein required in full force and effect, and the payment of ...
3.1-698 (Repealed effective October 1, 2008) Disposition of sums received for licenses
All sums received by the Commissioner for such license fees shall be paid into the state treasury to the credit of the general fund. (Code ...
3.1-699 (Repealed effective October 1, 2008) Bond not required for certain auction sales of tobacco or live...
Notwithstanding the foregoing provisions of this article, no bond shall be required hereunder of any person to conduct or operate any tobacco warehouse or other ...
3.1-699.1 (Repealed effective October 1, 2008) Agreements with United States Secretary of Agriculture; power...
The Commissioner may make such agreements with the Secretary of Agriculture of the United States, hereinafter referred to as the Secretary, or his representative as ...
3.1-700 (Repealed effective October 1, 2008) Execution and terms of bond; action thereon
The bond herein referred to shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in ...
3.1-700.1 (Repealed effective October 1, 2008) Additional duties and powers of Commissioner
The Commissioner may accept the proceeds from any bond and deposit the proceeds in the state treasury at interest in favor of the bond claimants. ...
3.1-701 (Repealed effective October 1, 2008) Schedule of commissions and charges to be filed
The applicant shall file with the Commissioner at the time of furnishing the bond a schedule of his maximum commissions and charges for service in ...
3.1-702 (Repealed effective October 1, 2008) Investigation of transactions by Commissioner
For the purpose of enforcing the provisions of this article, the Commissioner, upon the verified complaint of any interested party shall, or upon his own ...
3.1-703 (Repealed effective October 1, 2008) Complaint to Commissioner by consignor
When a consignor of farm products to a commission merchant shall have filed a complaint with the commission merchant within ninety days after date of ...
3.1-704 (Repealed effective October 1, 2008) Hearing and order of Commissioner on such complaint
If the Commissioner or his agent, within a reasonable time, is unable to effect settlement to the satisfaction of the parties involved, he or his ...
3.1-705 (Repealed effective October 1, 2008) Commissioner to have right of entry in making investigation...
In furtherance of any such investigation, inspection or hearing the Commissioner, or his duly authorized agent, shall have full authority to make any and all ...
3.1-706 (Repealed effective October 1, 2008) Commissioner may administer oaths, take testimony and compel a...
The Commissioner or his duly authorized agent shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of ...
3.1-707 (Repealed effective October 1, 2008) Disobedience of orders of Commissioner constitutes contemp...
All parties disobeying the orders or subpoenas of the Commissioner or his duly authorized agent, shall be guilty of contempt and shall be certified to ...
3.1-708 (Repealed effective October 1, 2008) Copies of papers in Commissioner's office as prima facie evide...
Copies of all records, inspection certificates, certified reports and all papers on file in the office of the Commissioner shall be prima facie evidence of ...
3.1-709 (Repealed effective October 1, 2008) Grounds for refusal or revocation of license
The Commissioner may, in the public interest, refuse to grant a license, delay the issuance of a license, or revoke any license already granted when ...
3.1-710 (Repealed effective October 1, 2008) Publication of revocation
Where a license shall have been revoked, the Commissioner shall cause to be published in one or more daily papers to be selected by him, ...
3.1-711 (Repealed effective October 1, 2008) Certified copy of license; fee therefor; posting of license du...
A certified copy of an issued license may be procured by the holder of the original upon payment of a fee of one dollar therefor, ...
3.1-712 (Repealed effective October 1, 2008) Appeal from orders and actions of Commissioner
Any action of the Commissioner or his agent in entering any order pursuant to § 3.1-704, or in refusing to grant a license, or in ...
3.1-713 (Repealed effective October 1, 2008) Records to be kept by commission merchant
It shall be the duty of every commission merchant, having received any farm products for sale on commission, promptly to make and keep a correct ...
3.1-714 (Repealed effective October 1, 2008) Detailed statements must be kept of claims for overcharges or ...
A detailed statement shall be kept on file of the filing of any claim or claims which have or may be filed by the commission ...
3.1-715 (Repealed effective October 1, 2008) Record and account, together with remittance for each sale, t...
A copy of the record and account of sales of farm products, together with remittances in full of the amount realized by such sales, less ...
3.1-716 (Repealed effective October 1, 2008) Copies of records to be kept by commission merchant
It shall also be the duty of every commission merchant to retain a copy of all records, including sales tags or tickets, account of sales, ...
3.1-717 (Repealed effective October 1, 2008) Certificate establishing condition, quality, grade, etc., to b...
In the event of any dispute or disagreement between a consignor and a commission merchant arising at the time of delivery as to condition, quality, ...
3.1-718 (Repealed effective October 1, 2008) Offenses and punishment therefor
Any person who shall assume or attempt to act as a commission merchant, as defined by this article, without license, or any person who being ...
3.1-719 (Repealed effective October 1, 2008) Duty of attorneys for the Commonwealth
It is hereby made the duty of the several attorneys for the Commonwealth of this Commonwealth to prosecute all violations of this article subject to ...
3.1-720 (Repealed effective October 1, 2008) Venue
Civil suits and criminal prosecutions arising by virtue of this article or any of its provisions may be commenced and tried in either the city ...
3.1-721 (Repealed effective October 1, 2008) Employment of assistants and adoption of rules
The Commissioner is hereby empowered to employ such persons as may be necessary for the enforcement of the provisions of this article and for the ...
3.1-722 (Repealed effective October 1, 2008) Expenses
All expenses incident to the enforcement of the provisions of this article shall be paid from such funds as may be appropriated for this purpose ...
3.1-722.1 (Repealed effective October 1, 2008) Definitions
As used in this article unless the context requires a different meaning: "Agricultural products" means vegetables, and the term "vegetables" for the purposes of this ...
3.1-722.1:1 (Repealed effective October 1, 2008) Appointment of agents
The Commissioner may appoint agents to assist in carrying out the provisions of this article and the regulations promulgated pursuant thereto. (1994, c. 340.) ...
3.1-722.2 (Repealed effective October 1, 2008) License required
It shall be unlawful for any dealer in agricultural products to operate and conduct a business without first having obtained a license as herein provided. ...
3.1-722.3 (Repealed effective October 1, 2008) Application for license and license fee
Every dealer in agricultural products proposing to transact business within the Commonwealth shall on or before May 1 of each year file a written application ...
3.1-722.4 (Repealed effective October 1, 2008) Bond required
Each application shall be accompanied by a good and sufficient bond in the minimum sum of $1,000 or in such greater amount as is equal ...
3.1-722.5 (Repealed effective October 1, 2008) Execution, terms and form of bond; action on bond
The bond referred to in § 3.1-722.4 shall be executed by the applicant as principal and by a surety company authorized and qualified to do ...
3.1-722.5:1 (Repealed effective October 1, 2008) Additional duties and powers of Commissioner
The Commissioner may accept the proceeds from any bond on which he is trustee and deposit the proceeds in the state treasury with interest in ...
3.1-722.6 Description unavailable
Repealed by Acts 1994, c. 340. ...
3.1-722.6:1 (Repealed effective October 1, 2008) License renewals
Each licensee shall renew his licenses on or before May 1 of each year for the licensing year May 1 to April 30. The licensee ...
3.1-722.7 (Repealed effective October 1, 2008) Disposition of funds
All sums received by the Commissioner for license fees, the renewals of the same, late fees, and penalties shall be paid into a dedicated special ...
3.1-722.8 (Repealed effective October 1, 2008) Records to be kept by dealers
It shall be the duty of every dealer having received any agricultural product from a producer to make and keep a correct record and retain ...
3.1-722.9 (Repealed effective October 1, 2008) Commissioner's authority to inspect
A. Upon the complaint of any person, the Commissioner or his agent shall have the authority to inspect the books and records of any licensed ...
3.1-722.10 (Repealed effective October 1, 2008) Refusal or revocation of license
A. The Commissioner may refuse to grant a license, delay the issuance of a license or may revoke or suspend any license already granted when ...
3.1-722.11 (Repealed effective October 1, 2008) Penalties; injunctions
A. Any person who intentionally violates the provisions of this article or regulations promulgated thereunder shall be guilty of a Class 1 misdemeanor. B. The ...
3.1-722.12 (Repealed effective October 1, 2008) Hearing before the Commissioner
Before the Commissioner shall refuse a license or revoke a license, the applicant or licensee shall have the right to review in accordance with the ...
3.1-722.13 (Repealed effective October 1, 2008) Regulations of the Board; exemptions
The Board is authorized to promulgate and enforce regulations for the administration of this article, and to grant exemptions from specific requirements of this article ...
3.1-722.14 (Repealed effective October 1, 2008) Copies of contracts to be filed with Commissioner
Copies of any contract between any producer and dealer or between any dealer and buyer made in advance of the harvesting season to supply agricultural ...
3.1-722.15 (Repealed effective October 1, 2008) Reciprocal agreements with other states and federal governmen...
The Commissioner is authorized to enter into reciprocal agreements with appropriate officials of other states or of the federal government for the purpose of exchanging ...
3.1-722.16 (Repealed effective October 1, 2008) Definitions
The following definitions shall apply in the interpretation and enforcement of this article: (a) "Person" means an individual, partnership, corporation, association, or syndicate. (b) "Grain ...
3.1-722.17 (Repealed effective October 1, 2008) License required
No person shall act as a grain dealer without first having obtained a license as herein provided. (1972, c. 296.) ...
3.1-722.18 (Repealed effective October 1, 2008) Application for license or renewal thereof
Every grain dealer proposing to transact business within the Commonwealth of Virginia shall on or before January 1, 1973, and annually on or before January ...
3.1-722.19 (Repealed effective October 1, 2008) License fee; bond or irrevocable letter of credit required; ex...
All applications shall be accompanied by a license fee of $40, $10 for each branch location and agent, and a good and sufficient bond in ...
3.1-722.20 (Repealed effective October 1, 2008) Execution, terms and form of bond or irrevocable letter of cre...
The bond herein required shall be executed by the applicant as principal and by a surety company authorized and qualified to do business in this ...
3.1-722.20:1 (Repealed effective October 1, 2008) Additional duties and powers of Commissioner
The Commissioner may accept the proceeds from any bond on which he is trustee or any letter of credit on which he is beneficiary, and ...
3.1-722.21 (Repealed effective October 1, 2008) Renewal of license; late penalty
Except as provided in § 3.1-722.24, licenses shall be renewed upon the application and having the bond or irrevocable letter of credit herein required in ...
3.1-722.22 (Repealed effective October 1, 2008) Disposition of fees and penalties
All fees and penalties for renewals payable under this article shall be collected by the Commissioner and paid by him to a special fund of ...
3.1-722.23 (Repealed effective October 1, 2008) Records to be kept by dealers
It shall be the duty of every person doing business as a grain dealer in this Commonwealth to keep such records of grain transactions for ...
3.1-722.24 (Repealed effective October 1, 2008) Grounds for refusal or revocation of license
The Commissioner may refuse to grant or renew any license or may revoke any license upon a showing that: (a) The dealer has suffered a ...
3.1-722.25 (Repealed effective October 1, 2008) Procedure for refusal or revocation of license
Before the Commissioner shall refuse or revoke a license, he shall give ten days' notice by registered mail to the applicant or licensee of the ...
3.1-722.26 (Repealed effective October 1, 2008) Commissioner's authority to investigate
In furtherance of any such investigation, inspection or hearing the Commissioner, or his duly authorized agent, shall have full authority to make any and all ...
3.1-722.27 (Repealed effective October 1, 2008) Rules and regulations
The Board of Agriculture and Consumer Services may adopt such rules and regulations as may be necessary to carry out the administration and enforcement of ...
3.1-722.28 (Repealed effective October 1, 2008) Violation a misdemeanor; illegal acts relating to issuance of ...
Any person who shall violate any of the provisions of this article or the rules and regulations established by the Board of Agriculture and Consumer ...
3.1-722.29 (Repealed effective October 1, 2008) Definitions
As used in this article, the following terms shall have the following meanings: "Board" means the Board of Agriculture and Consumer Services. "Commissioner" means the ...
3.1-722.30 (Repealed effective October 1, 2008) License required
No person may do business as a cotton handler without first obtaining a license from the Commissioner as herein provided. (2000, c. 584.) ...
3.1-722.31 (Repealed effective October 1, 2008) Application; license fee and bond
A. Every person intending to do business as a cotton handler, shall, on or before September 1, 2000, make application to the Commissioner for a ...
3.1-722.32 (Repealed effective October 1, 2008) Expiration of license
Any license granted by the Commissioner pursuant to this article shall expire on June 30 following the date of issuance. (2000, c. 584.) ...
3.1-722.33 (Repealed effective October 1, 2008) Additional information to be reported by cotton gin each licen...
Prior to beginning ginning for the current license year, the cotton gin will provide to the Commissioner the last bale tag number used in the ...
3.1-722.34 (Repealed effective October 1, 2008) Board may adopt regulations
The Board may adopt regulations for the implementation of this article. (2000, c. 584.) ...
3.1-722.35 (Repealed effective October 1, 2008) Execution and terms of bond; action thereon
Bonds required by § 3.1-722.31 shall be executed by the applicant as principal and by a surety company authorized and qualified to do business in ...
3.1-722.36 (Repealed effective October 1, 2008) Duties and powers of Commissioner with respect to bond...
The Commissioner may accept the proceeds from any bond on which he is trustee and deposit the proceeds in the state treasury with interest in ...
3.1-722.37 (Repealed effective October 1, 2008) Investigation by Commissioner; right of entry and inspectio...
A. For the purpose of enforcing the provisions of this article or any regulation adopted pursuant thereto, the Commissioner, upon receiving a complaint or upon ...
3.1-722.38 (Repealed effective October 1, 2008) Records to be kept by cotton handler
A. Every cotton gin shall keep an accurate daily record of the cotton received from each consignor and ginned. The record shall contain: 1. The ...
3.1-722.39 (Repealed effective October 1, 2008) Record and accounts to be provided to consignor
A. Every cotton gin shall: 1. Within 48 hours after ginning the cotton, make available to the consignor the record required under § 3.1-722.38; and ...
3.1-722.40 (Repealed effective October 1, 2008) Certificate establishing condition, quality, grade, etc., to b...
Every cotton gin shall, at the time of ginning, obtain a sample of each bale of ginned cotton for the purpose of determining condition, quality, ...
3.1-722.41 (Repealed effective October 1, 2008) Identification of finished bales of cotton
Every cotton gin shall determine the weight of each bale of finished cotton immediately following the making of the bale, shall number sequentially all finished ...
3.1-722.42 (Repealed effective October 1, 2008) Denial, suspension, or revocation of a license
The Commissioner may deny, suspend, or revoke the license of any cotton handler if the cotton handler violates any provision of § 3.1-722.40 or § ...
3.1-722.43 (Repealed effective October 1, 2008) Offenses and punishment
Any cotton handler shall be guilty of a Class 1 misdemeanor if he: 1. Markets, obligates for sale, or otherwise disposes of producer-owned cotton without ...

Last modified: April 2, 2009