Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Chapter 13 Tree And Crop Pests

3.1-135 through 3.1-157
Repealed by Acts 1980, c. 291. ...
3.1-158 through 3.1-169
Repealed by Acts 1984, c. 367. ...
3.1-170 through 3.1-176
Repealed by Acts 1984, c. 465. ...
3.1-177 (Repealed effective October 1, 2008) Definitions
The words "musk thistle" when used in this article mean the weed designated as Carduus nutans L., a biennial weed of the Compositae family. The ...
3.1-177.1 (Repealed effective October 1, 2008) Localities may adopt musk thistle or curled thistle ordinanc...
Any county, city or town may by ordinance control the growth of musk thistle or curled thistle. Any such musk thistle or curled thistle growing ...
3.1-178 (Repealed effective October 1, 2008) through 3.1-188
Repealed by Acts 1992, cc. 275, 491. ...
3.1-188.1 (Repealed effective October 1, 2008) Compact enacted into law and entered into
The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein when the form of the compact ...
3.1-188.2 (Repealed effective October 1, 2008) Findings
The party states find that: (a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of ...
3.1-188.3 (Repealed effective October 1, 2008) Definitions
As used in this compact, unless the context clearly requires a different construction: (a) "State" means a state, territory or possession of the United States, ...
3.1-188.4 (Repealed effective October 1, 2008) The insurance fund
There is hereby established the Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called ...
3.1-188.5 (Repealed effective October 1, 2008) The insurance fund, internal operations and managemen...
(a) The insurance fund shall be administered by a governing board and executive committee as hereinafter provided. The actions of the governing board and executive ...
3.1-188.6 (Repealed effective October 1, 2008) Compact and insurance fund administration
(a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of his ...
3.1-188.7 (Repealed effective October 1, 2008) Assistance and reimbursement
(a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable ...
3.1-188.8 (Repealed effective October 1, 2008) Advisory and technical committees
The governing board may establish advisory and technical committees composed of Commonwealth, local, and federal officials, and private persons to advise it with respect to ...
3.1-188.9 (Repealed effective October 1, 2008) Relations with nonparty jurisdictions
(a) A party state may make application for assistance from the insurance fund in respect of a pest in a nonparty state. Such application shall ...
3.1-188.10 (Repealed effective October 1, 2008) Finance
(a) The insurance fund shall submit to the executive head or designated officer or officers of each party state a budget for the insurance fund ...
3.1-188.11 (Repealed effective October 1, 2008) Entry into force and withdrawal
(a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to ...
3.1-188.12 (Repealed effective October 1, 2008) Construction and severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, ...
3.1-188.13 (Repealed effective October 1, 2008) Cooperation by state departments and agencies
Consistent with law and within available appropriations, the departments, agencies and officers of this Commonwealth may cooperate with the insurance fund established by the Pest ...
3.1-188.14 (Repealed effective October 1, 2008) Bylaws and amendments to be filed with the Department of Agric...
Pursuant to § 3.1-188.5 (h), copies of bylaws and amendments thereto shall be filed with the Department of Agriculture and Consumer Services. (1970, c. 174.) ...
3.1-188.15 (Repealed effective October 1, 2008) Commissioner of Agriculture and Consumer Services designated c...
The compact administrator for this Commonwealth shall be the Commissioner of Agriculture and Consumer Services. The duties of the compact administrator shall be deemed a ...
3.1-188.16 (Repealed effective October 1, 2008) Governor or Commissioner may request assistance from fun...
Within the meaning of § 3.1-188.7 (b) or § 3.1-188.9 (a), a request or application for assistance from the insurance fund may be made by ...
3.1-188.17 (Repealed effective October 1, 2008) Disposition of payments to Commonwealth
The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to ...
3.1-188.18 (Repealed effective October 1, 2008) Definition of "executive head"
As used in the compact, with reference to this Commonwealth, the term "executive head" shall mean the Governor. (1970, c. 174.) ...
3.1-188.19 (Repealed effective October 1, 2008) Effective date
The effective date shall be July 1, 1970. (1970, c. 174.) ...
3.1-188.20 (Repealed effective October 1, 2008) Definitions
The following terms when used in this article, except where the context otherwise requires, shall have the meaning respectively ascribed to them in this section: ...
3.1-188.21 (Repealed effective October 1, 2008) Administration; rules and regulations
A. It shall be the duty of the Commissioner to protect the agricultural, horticultural, and other interests of the Commonwealth from plant pests and, either ...
3.1-188.22 (Repealed effective October 1, 2008) Abundance surveys; eradication or suppression of pests; right ...
The Commissioner, through his assistants shall direct abundance surveys for plant pests and is authorized to carry out operations or measures to locate, to suppress, ...
3.1-188.23 (Repealed effective October 1, 2008) Authority to quarantine Commonwealth or portion thereo...
The Board is authorized to quarantine this Commonwealth or any portion thereof when they determine that such action is necessary to prevent or retard the ...
3.1-188.24 (Repealed effective October 1, 2008) Quarantine against regulated articles in other state...
When the Board shall have good reason to believe of �in] the existence of infested regulated articles in localities in other states, territories or countries, ...
3.1-188.25 (Repealed effective October 1, 2008) Authority for abatement and other emergency measures; compensa...
Whenever the Commissioner finds any article that is infested or reasonably believed to be infested or a host or pest exists on any property or ...
3.1-188.26 (Repealed effective October 1, 2008) Authority for inspections; warrants
To effectuate the purpose of this article, the Commissioner may, with a warrant or with the consent of the owner, make reasonable inspections of any ...
3.1-188.27 (Repealed effective October 1, 2008) Cooperation with agencies of federal and state governments an...
A. The Commissioner is authorized to cooperate with any agency of the federal government in such operations and measures as he deems necessary to suppress, ...
3.1-188.27:1 (Repealed effective October 1, 2008) Cooperative Suppression Program Fund established
The Cooperative Suppression Program Fund is hereby established as a special fund on the books of the State Comptroller, and all moneys credited to such ...
3.1-188.28 (Repealed effective October 1, 2008) Authority for compensation to growers in infested area...
The Commissioner, when he determines that it is necessary to fulfill the objectives of this article, may authorize the payment of reasonable compensation to growers ...
3.1-188.29 (Repealed effective October 1, 2008) Penalties
A. Any person who violates any of the provisions of this article, or who alters, forges, or counterfeits, or uses without authority any certificate or ...
3.1-188.30 (Repealed effective October 1, 2008) Costs of administration; reimbursements to Commonwealt...
Costs of administering this law shall be borne by the Commonwealth; provided, however, that the costs for services, products, or articles that the Commissioner determines ...
3.1-188.31 Description unavailable
Repealed by Acts 1980, c. 291. ...
3.1-188.31:1 (Repealed effective October 1, 2008) Permit required to sell, transport, etc., plant pest...
No person shall sell, barter, offer for sale, or move, transport, deliver, ship or offer for shipment into or within this Commonwealth any plant pests ...
3.1-188.31:2 (Repealed effective October 1, 2008) Judicial review
Judicial review of any action of the Board, Commissioner, or his assistants shall be in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). ...
3.1-188.32 (Repealed effective October 1, 2008) Definitions
The following definitions shall apply in the interpretation and the enforcement of this article: 1. [Repealed.] 2. "Board" means the Board of Agriculture and Consumer ...
3.1-188.33 (Repealed effective October 1, 2008) Duty of Commissioner generally
It shall be the duty of the Commissioner to exercise or perform the powers and duties imposed upon him by this article. (Code 1950, § ...
3.1-188.34 (Repealed effective October 1, 2008) Protection of interests of Commonwealth against plant pests; a...
It shall be the duty of the Commissioner to protect the agricultural, horticultural, and other interests of the Commonwealth from plant pests and, either in ...
3.1-188.35 (Repealed effective October 1, 2008) Rules and regulations
The Board shall promulgate such rules and regulations as are necessary for the efficient execution of the provisions of this article and any necessary quarantines ...
3.1-188.36 (Repealed effective October 1, 2008) Licenses required of nurserymen or dealers to sell, etc., nurs...
It shall be unlawful for any nurseryman or dealer, to offer for sale, sell, deliver, or give away, within the bounds of this Commonwealth, any ...
3.1-188.37 (Repealed effective October 1, 2008) Inspection of nurseries; orders of Commissioner as to eradicat...
It shall be the duty of the Commissioner through his assistants to provide for the annual inspection, or more often if necessary, of all plant ...
3.1-188.38 (Repealed effective October 1, 2008) Nursery stock brought into Commonwealth to carry inspection ce...
It shall be unlawful to deliver, knowingly transport or ship within this Commonwealth plants or parts of plants commonly known as nursery stock which have ...
3.1-188.39 (Repealed effective October 1, 2008) Nursery stock, articles or materials subject to stop delivery ...
The Commissioner, in order to prevent the introduction or dissemination of plant pests, is hereby authorized, either by himself or by his duly appointed agents, ...
3.1-188.40 (Repealed effective October 1, 2008) Seizure and disposition of seized nursery stock
In order to prevent the introduction or dissemination of any dangerous plant pests, any nursery stock, article, or material shall be subject to seizure on ...
3.1-188.41 (Repealed effective October 1, 2008) Commissioner may inspect plants, etc., on request
Any person growing or possessing any plants or plant products or other substance or thing may have such inspected by applying to the Commissioner for ...
3.1-188.42 (Repealed effective October 1, 2008) Permit required to sell, transport, etc., plant pest...
No person shall sell, barter, offer for sale, or move, transport, deliver, ship, or offer for shipment into or within this Commonwealth any plant pests ...
3.1-188.43 (Repealed effective October 1, 2008) Disposition of money collected
The Commissioner shall promptly pay all moneys collected by him into the state treasury to be credited to the State fund from which expended regardless ...
3.1-188.44 (Repealed effective October 1, 2008) Information to be furnished and inspection allowed upon reques...
The Commissioner or his assistants may require of any person who has plants or plant products or articles or substances subject to this article in ...
3.1-188.45 (Repealed effective October 1, 2008) Authority vested in Commissioner may be exercised by employee...
All authority vested in the Commissioner by virtue of the provisions of this article may with like force and effect be executed by such employees ...
3.1-188.46 (Repealed effective October 1, 2008) Right of entry on premises; when notice required; penalty for ...
The Commissioner and his assistants are hereby authorized to enter upon any nursery or dealer establishments, other than a building occupied as a residence, at ...
3.1-188.47 (Repealed effective October 1, 2008) Penalty for violation of article, rules and regulation...
Any person violating any of the provisions of this article, or the rules and regulations adopted thereunder, shall be deemed guilty of a Class 1 ...
3.1-188.48 (Repealed effective October 1, 2008) Reciprocal agreements with officers of other states
The Commissioner may enter into reciprocal agreements with the responsible officers of other states under which nursery stock owned by nurserymen or dealers of such ...
3.1-188.49 (Repealed effective October 1, 2008) Judicial review
Judicial review of any action of the Board, Commissioner, or his assistant shall be in accordance with the Administrative Process Act, (§ 2.2-4000 et seq.). ...

Last modified: April 2, 2009