Code of Virginia - Title 3.2 Agriculture, Animal Care, And Food - Chapter 47 Sale Of Farm Produce

3.2-4700 (Effective October 1, 2008) Definitions.
As used in this chapter, unless the context requires a different meaning: "Director" means the Director of the Division of Marketing. "Division" means the Division ...

3.2-4701 (Effective October 1, 2008) Division of Marketing; administration; appointment of Director and assi...
A. The Division is hereby established within the Department, and shall be administered under the supervision of the Commissioner by the Director, who shall be ...

3.2-4702 (Effective October 1, 2008) Powers and duties of Director.
In the administration of the Division, the Director, under the supervision of the Commissioner: 1. Shall investigate: (i) the cost of food production and marketing; ...

3.2-4703 (Effective October 1, 2008) Cooperation of U.S. Department of Agriculture.
In carrying out the provisions of this chapter, the Division shall endeavor to secure the cooperation and assistance of the U.S. Department of Agriculture. It ...

3.2-4704 (Effective October 1, 2008) Regulations.
The Board may adopt any marketing agreement approved by federal officials under the federal Agricultural Adjustment Act (7 U.S.C. § 1281 et seq.) and similar ...

3.2-4705 (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 shall keep ...

3.2-4706 (Effective October 1, 2008) Finding markets for producers.
When notified by producers that agricultural products produced in the Commonwealth cannot be sold or will have to be sacrificed for lack of a ready ...

3.2-4707 (Effective October 1, 2008) Investigation and correction of improper practices.
The Division shall investigate delays, improper conditions, overcharges, and unfair rates in the transportation of agricultural products, and may institute proceedings in the appropriate courts ...

3.2-4708 (Effective October 1, 2008) Penalty.
Any person violating any provision of this article, a regulation or marketing agreement adopted pursuant thereto, is guilty of a Class 3 misdemeanor. (1993, c. ...

3.2-4709 (Effective October 1, 2008) Definitions.
As used in this article, unless the context requires a different meaning: "Auction market," "livestock auction market," "livestock sales ring," "livestock auction," or "livestock auction ...

3.2-4710 (Effective October 1, 2008) Certain activities exempt from article.
The provisions of this article shall not apply to: (i) the premises of any butcher, packer, or processor who receives livestock exclusively for immediate slaughter; ...

3.2-4711 (Effective October 1, 2008) License required; application for license to be in writing; contents...
A. Every person who operates, conducts, or carries on the business of a commission merchant shall obtain a license. B. Application for license shall be ...

3.2-4712 (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, approved by the Commissioner, in the amount of $3,000 ...

3.2-4713 (Effective October 1, 2008) Applications for renewal licenses.
Each licensee shall renew his license. The renewal license shall expire one year from the date of expiration of the old license. The renewal application ...

3.2-4714 (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 ...

3.2-4715 (Effective October 1, 2008) Certified copy of license; fee; posting of license during sale periods...
A certified copy of an issued license may be obtained by the holder of the original upon payment of a fee of $1, and the ...

3.2-4716 (Effective October 1, 2008) Bond not required for certain auction sales of livestock.
No bond shall be required of any person operating a livestock auction market or stockyard that has been posted by the U.S. Department of Agriculture ...

3.2-4717 (Effective October 1, 2008) Agreements with U.S. Department of Agriculture; powers and duties of Co...
The Commissioner may enter into agreements with the U.S. Department of Agriculture as are necessary to effectuate the purposes of the Packers and Stockyards Act ...

3.2-4718 (Effective October 1, 2008) Execution and terms of bond; action thereon.
The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in the Commonwealth as ...

3.2-4719 (Effective October 1, 2008) Duties and powers of Commissioner with respect to bonds.
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. ...

3.2-4720 (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 ...

3.2-4721 (Effective October 1, 2008) Investigation of transactions by Commissioner.
The Commissioner, upon the verified complaint of any interested party shall, or upon his own motion may, investigate: 1. Any transaction involving solicitation, receipt, sale, ...

3.2-4722 (Effective October 1, 2008) Complaint to Commissioner by consignor; Commissioner's action...
A. When a consignor of farm products to a commission merchant files a complaint with the commission merchant within 90 days after date of sale, ...

3.2-4723 (Effective October 1, 2008) Right of entry; administration of oaths; testimony.
The Commissioner may: 1. Conduct investigations relative to the complaint or matter being investigated, and he shall have at all times unimpeded access to all ...

3.2-4724 (Effective October 1, 2008) Grounds for refusal or revocation of license.
The Commissioner may refuse to grant a license, delay the issuance of a license, or revoke any license when he finds that: 1. A money ...

3.2-4725 (Effective October 1, 2008) Publication of revocation.
When a license is revoked, a notice of the revocation and the reason for the revocation shall be published once a week for two successive ...

3.2-4726 (Effective October 1, 2008) Failure to comply with orders of Commissioner constitutes contempt...
All parties disobeying the orders or subpoenas of the Commissioner are guilty of contempt and shall be certified to an appropriate court for punishment. (Code ...

3.2-4727 (Effective October 1, 2008) Copies of papers in Commissioner's office as prima facie evidence...
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 ...

3.2-4728 (Effective October 1, 2008) Appeal from orders and actions of Commissioner.
Any action of the Commissioner: (i) entering any order pursuant to subsection B of § 3.2-4722; (ii) refusing to grant a license; (iii) revoking a ...

3.2-4729 (Effective October 1, 2008) Records to be kept by commission merchant.
Every commission merchant, having received any farm products for sale on commission, shall promptly maintain a complete and true record, showing in detail the following ...

3.2-4730 (Effective October 1, 2008) Detailed statements shall be kept of claims for overcharges or damages ...
A detailed statement shall be kept of the filing of any claim that has or may be filed by the commission merchant against any person ...

3.2-4731 (Effective October 1, 2008) Record and account, together with remittance for each sale, to be deliv...
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 ...

3.2-4732 (Effective October 1, 2008) Copies of records to be kept by commission merchant.
Every commission merchant shall retain a copy of all records, including sales tags or tickets, account of sales, or other records covering each transaction for ...

3.2-4733 (Effective October 1, 2008) Certificate establishing condition, quality, and grade to be furnished ...
If there is a dispute or disagreement between a consignor and a commission merchant arising at the time of delivery as to condition, quality, grade, ...

3.2-4734 (Effective October 1, 2008) Duty of attorney for the Commonwealth.
It shall be the duty of the attorney for the Commonwealth to prosecute all violations of this article. (Code 1950, § 3-561; 1966, c. 702, ...

3.2-4735 (Effective October 1, 2008) Venue.
Civil suits and criminal prosecutions arising by virtue of any provision of this article may be commenced and tried in: (i) the city or county ...

3.2-4736 (Effective October 1, 2008) License required.
A. It is unlawful for any person to act as, operate, or carry on the business of a commission merchant without first obtaining a license. ...

3.2-4737 (Effective October 1, 2008) Offenses and punishment.
Any person who commits any of the following acts is guilty of a Class 1 misdemeanor: 1. Imposes false charges for handling or for services ...

3.2-4738 (Effective October 1, 2008) Definitions.
As used in this article, unless the context requires a different meaning: "Agricultural produce" means fruits and vegetables. "Bond" means a bond executed by a ...

3.2-4739 (Effective October 1, 2008) License required; application for license and license fee; license rene...
A. Every dealer shall obtain a license to operate and conduct business. B. Such persons shall on or before May 1 of each year file ...

3.2-4740 (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 ...

3.2-4741 (Effective October 1, 2008) Execution, terms and form of bond; action on bond.
A. The bond shall be executed by the applicant as principal and by a surety company authorized and qualified to do business in the Commonwealth ...

3.2-4742 (Effective October 1, 2008) Duties and powers of Commissioner with respect to bonds.
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 ...

3.2-4743 (Effective October 1, 2008) Agricultural Dealers Fund established; disposition of funds.
There is hereby created in the state treasury a special nonreverting fund to be known as the Agricultural Dealers Fund, hereafter referred to as "the ...

3.2-4744 (Effective October 1, 2008) Records to be kept by dealers.
Every dealer that has received any agricultural produce from a producer shall keep a complete and true record and retain it for three years, showing ...

3.2-4745 (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 ...

3.2-4746 (Effective October 1, 2008) Commissioner's authority to inspect.
A. Upon the complaint of any person, the Commissioner may inspect the books and records of any licensed dealer at any time during operating hours ...

3.2-4747 (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 revoke or suspend any license already granted when he ...

3.2-4748 (Effective October 1, 2008) Hearing before the Commissioner.
Before the Commissioner refuses or revokes a license, the applicant or licensee shall have the right to review in accordance with the provisions of the ...

3.2-4749 (Effective October 1, 2008) Commissioner may enjoin; Attorney General may prosecute.
The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this article, or any regulation adopted hereunder, in ...

3.2-4750 (Effective October 1, 2008) Operating without a license.
It is unlawful for any dealer to operate and conduct a business without first having obtained a license. (1968, c. 598, § 3.1-722.2; 1994, c. ...

3.2-4751 (Effective October 1, 2008) Penalty for violation of article.
Any person who intentionally violates any provision of this article or regulations promulgated hereunder is guilty of a Class 1 misdemeanor. (1968, c. 598, § ...

3.2-4752 (Effective October 1, 2008) Reciprocal agreements with other states and federal government...
The Commissioner may enter into reciprocal agreements with appropriate officials of other states or of the federal government for the purpose of exchanging any information ...

3.2-4753 (Effective October 1, 2008) Definitions.
As used in this article, unless the context requires a different meaning: "Cash buyer" means any person who pays the producer, or his representative, at ...

3.2-4754 (Effective October 1, 2008) License required; application for license or renewal.
A. No person shall act as a grain dealer without first having obtained a license. B. Every grain dealer proposing to transact business within the ...

3.2-4755 (Effective October 1, 2008) License and renewal fee; bond or irrevocable letter of credit required...
A. All applications a for license or license renewal shall be accompanied by a license fee of $40, $10 for each branch location and agent, ...

3.2-4756 (Effective October 1, 2008) Execution, terms and form of bond or irrevocable letter of credit; acti...
The bond shall be executed by the applicant as principal and by a surety company authorized and qualified to do business in the Commonwealth as ...

3.2-4757 (Effective October 1, 2008) Duties and powers of Commissioner with respect to bonds.
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 ...

3.2-4758 (Effective October 1, 2008) Grain Dealers Licensing and Bonding Fund established; disposition of fe...
There is hereby created in the state treasury a special nonreverting fund to be known as the Grain Dealers Licensing and Bonding Fund, hereafter referred ...

3.2-4759 (Effective October 1, 2008) Records to be kept by dealers.
A. Every grain dealer in the Commonwealth shall keep such records of grain transactions for such reasonable periods of time and in accordance with good ...

3.2-4760 (Effective October 1, 2008) Grounds for refusal or revocation of license.
The Commissioner may refuse to grant or renew any license, or revoke any license if he finds that the grain dealer: 1. Has not satisfied ...

3.2-4761 (Effective October 1, 2008) Procedure for refusal or revocation of license; notice of hearing...
Before the Commissioner refuses or revokes a license, he shall give 10 days' notice by registered mail to the applicant or licensee of the time ...

3.2-4762 (Effective October 1, 2008) Commissioner's authority to investigate.
The Commissioner may conduct investigations relative to the complaint or matter being investigated, and he shall have free and unimpeded access during normal business hours ...

3.2-4763 (Effective October 1, 2008) Violation a misdemeanor; illegal acts relating to issuance of receipts ...
A. Any person who violates any of the provisions of this article or the regulations adopted by the Board is guilty of a Class 1 ...

3.2-4764 (Effective October 1, 2008) Definitions.
As used in this article, unless the context requires a different meaning: "Cotton gin" means a facility where cotton seed and cotton lint are produced ...

3.2-4765 (Effective October 1, 2008) License required; application; license fee and bond.
A. No person shall do business as a cotton handler without first obtaining a license from the Commissioner. B. Every person intending to do business ...

3.2-4766 (Effective October 1, 2008) Additional information to be reported by cotton gin each license year...
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 ...

3.2-4767 (Effective October 1, 2008) Execution and terms of bond; action.
Bonds required by § 3.2-4765 shall be executed by the applicant as principal and by a surety company authorized and qualified to do business in ...

3.2-4768 (Effective October 1, 2008) Duties and powers of Commissioner with respect to bonds.
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 ...

3.2-4769 (Effective October 1, 2008) Investigation by Commissioner; right of entry and inspection.
A. The Commissioner, upon receiving a complaint or upon his own motion, may investigate any violation of the provisions of this article. Such investigation may ...

3.2-4770 (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 ...

3.2-4771 (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 § 3.2-4770; and ...

3.2-4772 (Effective October 1, 2008) Certificate establishing condition, quality, grade to be furnished...
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, ...

3.2-4773 (Effective October 1, 2008) Identification of finished bales of cotton.
Every cotton gin shall: (i) determine the weight of each bale of finished cotton immediately following the making of the bale; (ii) number sequentially all ...

3.2-4774 (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 § 3.2-4772 or 3.2-4775. ...

3.2-4775 (Effective October 1, 2008) Offenses and punishment.
Any cotton handler is guilty of a Class 1 misdemeanor if he: 1. Markets, obligates for sale, or otherwise disposes of producer-owned cotton without the ...