§ 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 (Repealed effective October 1, 2008) Definitions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 article shall be construed to include, but not by way of limitation, potatoes, tomatoes, melons, berries, and cucumbers.
"Board of Agriculture" or "Board" means the Board of Agriculture and Consumer Services.
"Bond" means a bond executed by a surety company licensed to do business in the Commonwealth.
"Buying brokerage transaction" means a transaction in which the dealer acts as agent for the grower in the purchase of agricultural products at the "day's price" for the agricultural product purchased in the transaction.
"Cash buyer" means any person who obtains from the producer, or his representative, title, possession or control of any agricultural product or contracts for the title, possession or control of any agricultural product, and who buys any agricultural product by paying to the producer at the time of obtaining possession or control, or at the time of contracting for the title, possession or control of any agricultural product, the full agreed price of such agricultural product in coin or currency, lawful money of the United States, certified checks, cashier's checks or drafts issued by a bank.
"Commissioner" means the Commissioner of Agriculture and Consumer Services.
"Consignment" means any transfer of agricultural products by the seller to the custody of another person who acts as the agent for the seller for the purpose of selling such agricultural products.
"Day's price" means the market price of any agricultural product on a given day as determined by the United States Department of Agriculture and published by the Virginia Department of Agriculture and Consumer Services, Division of Marketing.
"Dealer" means any person who buys, sells, solicits for sale, processes for sale or resale, resells, exchanges, negotiates, purchases or contracts for processing or transfers any agricultural product of a producer. The term "dealer" shall exclude (i) any person operating solely on a commission basis in Virginia as a licensed commission merchant under the provisions of Article 2 (§ 3.1-692 et seq.) of Chapter 26 of Title 3.1; (ii) farmers or groups of farmers selling agricultural products grown by them; (iii) any person who operates strictly as a cash buyer; (iv) any processor who processes agricultural products within Virginia; and (v) any person who buys agricultural products for wholesale or retail in Virginia.
"Department" means the Department of Agriculture and Consumer Services.
"Grower's agent transaction" means a transaction or series of transactions in which the dealer agrees to sell the entire crop produced by one grower during one season, at a price to be agreed upon between the dealer and the grower.
"Joint account transactions" means a transaction between a dealer and grower in which the dealer pays the grower based on the price for which the agricultural product sells in relation to the price agreed upon between the dealer and grower.
"Processor" means any person operating any plant within Virginia which either freezes, dehydrates, cans, or otherwise changes the physical form or characteristics of agricultural products.
"Producer" means any person who produces agricultural products in Virginia.
(1968, c. 598; 1970, c. 400; 1972, c. 646; 1994, c. 340.)Sections: Previous 3.1-716 3.1-717 3.1-718 3.1-719 3.1-720 3.1-721 3.1-722 3.1-722.1 3.1-722.1:1 3.1-722.2 3.1-722.3 3.1-722.4 3.1-722.5 3.1-722.5:1 3.1-722.6 Next
Last modified: April 16, 2009