§ 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 (Repealed effective October 1, 2008) Definitions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 receivers.
The term "commission merchant" shall mean any person, who conducts or operates an auction market, or who shall receive farm products for sale on commission, or contract with the producer thereof for farm products to be sold on commission or for a fee, or accept in trust from the producer thereof for the purpose of sale, or who shall sell or offer for sale on commission, or shall solicit consignments of any kind of farm products, or who shall in any way handle for the account of or as an agent of the producer thereof any kind of farm products; provided, that any person shall be deemed to be an agent of the producer, unless a specific price has been agreed upon by both parties before shipment or delivery by the producer for resale.
The term "commission merchant" shall not include any cooperative corporation or association organized under or that has adopted the provisions of or domesticated in Virginia pursuant to the provisions of Article 2 (§ 13.1-312 et seq.) of Chapter 3 of Title 13.1, otherwise known as the "cooperative marketing" act, so long as such corporation or association meets the requirements of and operates in accordance with the provisions of such sections and acts amendatory thereof; nor shall it include any association or organization of farmers, including produce exchanges, not incorporated under or subject to the provisions of the "cooperative marketing" act, organized and maintained by farmers for mutual help in the marketing of their produce and not for profit; nor any person, buying vegetables, viticultural or horticultural farm products for the purpose of reselling the same in dried, canned or other preserved form; nor shall it include the sale of farm produce at public auction by a duly licensed auctioneer, acting as the agent of another to whom such farm produce shall have been consigned; nor to the sale by sheriffs and other officers and fiduciaries and court officials; nor to seed sold at retail; nor shall it apply to persons appropriately licensed pursuant to the provisions of Article 3 (§ 3.1-722.1 et seq.) of Chapter 26 of this title.
The term "auction market" shall be construed to be the same as "livestock auction market," "livestock sales ring," "livestock auction," or "livestock auction ring," and means a place or establishment conducted or operated for compensation or profit as a private or public market, consisting of pens, or other enclosures, whether covered or uncovered, and their appurtenances, in which livestock are received, held or kept for sale or where livestock is sold or offered for sale either privately or at public auction, except, the provisions of this article shall not apply to, (a) the premises of any butcher, packer or processor who receives livestock exclusively for immediate slaughter, (b) farm sales, (c) sales by Four-H clubs or (d) sales by livestock breeders' associations or by exposition societies.
The term "Commissioner" means the Commissioner of Agriculture and Consumer Services.
The term "licensee" means any person, as herein defined, who has applied for or been granted license to operate, conduct, or carry on the business of a commission merchant.
The term "farm produce" or "farm products" shall mean and include horticultural, viticultural, forestry, dairy, livestock, poultry, bee and other products ordinarily produced on farms.
(Code 1950, § 3-534; 1966, c. 702; 1975, c. 505; 1977, c. 21.)
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