General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Agriculture, Horticulture and Food


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Agriculture, Horticulture and Food

Passed

P HB10

Virginia Charity Food Assistance Advisory Board. Abolishes the Virginia Charity Food Assistance Advisory Board. The advisory board was created in 1998 to advise the Board and Department of Agriculture and Consumer Services on the implementation of a Virginia charity food purchase program; to study programs or other ways the Department or other agencies might help to reduce the incidence of hunger, malnutrition, and short-term food shortages among the needy; and to develop recommendations regarding a charity food donation tax credit program. The food purchase program and the charity food donation tax credit program have never been established. Without funding for the food purchase and distribution program, the advisory board cannot carry out its mission. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill incorporates HB 207.
Patron - Cox

P HB13

Virginia Sweet Potato Board. Abolishes the Virginia Sweet Potato Board, the Virginia Sweet Potato Fund and the excise tax that supports the Board's promotion of sweet potatoes. The Sweet Potato Board was created prior to 1950 to support the sweet potato industry through grants for education, research, and marketing. The Sweet Potato Association favors the elimination of the Board because the number of sweet potato growers has declined in Virginia and the funds available are not sufficient to carry out the programs to promote the industry. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). This bill incorporates HB 209.
Patron - Cox

P HB40

Agriculture education. Establishes a unit of agriculture education specialists within the Department of Agriculture and Consumer Services who will assist in the development and revision of agriculture curriculum for inclusion in the Standards of Learning and provide professional development training for agriculture instructional personnel. The unit will be managed by the Department of Agriculture Education at VPI-SU. If funds are not allocated for these positions, the Department will not have to absorb the costs of these new positions.
Patron - Orrock

P HB144

Animal control officer training. Transfers the registration requirements for animal control officers employed by localities from the Department of Criminal Justice Services to the State Veterinarian and removes the Department of Criminal Justice Services' approval requirement for animal control training courses.
Patron - Orrock

P HB171

Apple Board. Updates the Apple Board to reflect the results of the 2003 referendum, which discontinued the excise tax on apples.
Patron - Sherwood

P HB242

Animals attacking companion animals. Exempts an owner of a dog or cat who uses reasonable and necessary force against a dog that is attacking the owner's dog or cat from intentional animal cruelty. The owner's dog or cat must have been on the owner's property for this exemption to apply.
Patron - Nutter

P HB766

Inspections of food stores. Exempts retail establishments from inspection by the Department of Agriculture and Consumer Services if they (i) do not prepare or serve food; (ii) sell only food or beverages that are sealed in packaging by the manufacturer and have been officially inspected in the manufacturing process; (iii) do not sell infant formulas; (iv) do not sell salvaged foods; and (v) certify to the Department that they meet the foregoing provisions. However, nothing in this bill prevents the Department from inspecting a retail establishment if a consumer complaint is received.
Patron - Hurt

P HB862

Cigarettes; affixing stamps thereto. Amends several of the current statutory procedures relating to the sale of cigarettes. The bill requires persons affixing Virginia revenue stamps to cigarettes to report monthly to the Department of Taxation on the number of revenue stamps affixed by such person by quantity of brand. The bill makes it unlawful for any person to purchase, possess, or affix Virginia revenue stamps without first obtaining a permit from the Department. The bill increases the current penalties for the failure to affix Virginia revenue stamps.
Patron - Ware, R.L.

P HB1142

Nonindigenous aquatic nuisance species. Directs the Department of Game and Inland Fisheries to utilize the best available scientific technology that is specific to controlling the targeted nonindigenous aquatic nuisance species, environmentally sound, practical, and cost effective. This bill also directs the Secretary of Natural Resources to seek and accept all possible funding to carry out the purposes of the Nonindigenous Aquatic Nuisance Species Act.
Patron - McDonnell

P HB1230

The Virginia Wine Board. Establishes the Virginia Wine Board within the Department of Agriculture and Consumer Services, and the Virginia Wine Promotion Fund. The Board is composed of the Commissioner of Agriculture and Consumer Services and nine gubernatorial-appointed citizens who represent grape growers and owners or operators of wineries or farm wineries. Among its powers and duties, the Board can contract for research services to improve viticultural and enological practices in Virginia, enter into contracts with private and public entities to market, advertise and promote the industry, and engage in revenue-producing activities. The Fund consists of general fund appropriations, fees from services rendered, and payments received for products, equipment or goods supplied. Contracts for advertising, marketing, or publishing that are entered into by the Board are exempted from certain provisions of the Virginia Public Procurement Act. The bill repeals the Virginia Winegrowers Advisory Board and the Winegrowers Productivity Fund and transfers any moneys remaining in the Winegrowers Productivity Fund to the new Virginia Wine Promotion Fund. This bill is identical to SB 310.
Patron - Landes

P HJ228

Adjusted Gross Revenue. Recognizes and supports the need for Adjusted Gross Revenue insurance and for farmers in Virginia to be apprised of the benefits of purchasing such insurance to protect against revenue loss due to unavoidable natural disasters or market fluctuations.
Patron - Bland

P SB150

Sheep Board. Directs the Governor to appoint all 12 members of the Sheep Board. Three of the board members shall represent different segments of the industry and nine members shall be appointed from four statewide districts established within Virginia, with no more than one member appointed per county. Currently, the Governor appoints the three members representing different segments of the industry, while the other nine members are the presidents of wool pool organizations.
Patron - Deeds

P SB200

Beekeeper assistance. Mandates that the Commissioner of Agriculture and Consumer Services establish a beekeeper assistance program that would assist Virginia beekeepers in maintaining healthy, productive bee colonies.
Patron - Reynolds

P SB310

The Virginia Wine Board. Establishes the Virginia Wine Board within the Department of Agriculture and Consumer Services, and the Virginia Wine Promotion Fund. The Board is composed of the Commissioner of Agriculture and Consumer Services and nine gubernatorial-appointed nonlegislative citizens who represent grape growers and owners or operators of wineries or farm wineries. Among its powers and duties, the Board can contract for research services to improve viticultural and enological practices in Virginia, enter into contracts with private and public entities to market, advertise and promote the industry, and engage in revenue-producing activities. The Fund consists of general fund appropriations, fees from services rendered, and payments received for products, equipment or goods supplied. Contracts for advertising, marketing, or publishing that are entered into by the Board are exempted from certain provisions of the Virginia Public Procurement Act. The bill repeals the Virginia Winegrowers Advisory Board and the Winegrowers Productivity Fund and transfers any moneys remaining in the Winegrowers Productivity Fund to the new Virginia Wine Promotion Fund. This bill is identical to HB 1230.
Patron - Hawkins

Failed

F HB207

Virginia Charity Food Assistance Advisory Board. Abolishes the Virginia Charity Food Assistance Advisory Board. The advisory board was created in 1998 to advise the Board and Department of Agriculture and Consumer Services on the implementation of a Virginia charity food purchase program; to study programs or other ways the Department or other agencies might help to reduce the incidence of hunger, malnutrition, and short-term food shortages among the needy; and to develop recommendations regarding a charity food donation tax credit program. The food purchase program and the charity food donation tax credit program have never been established. Without funding for the food purchase and distribution program, the advisory board cannot carry out its mission. This bill is incorporated into HB 10.
Patron - Athey

F HB209

Virginia Sweet Potato Board. Abolishes the Virginia Sweet Potato Board, the Virginia Sweet Potato Fund and the excise tax that supports the Board's promotion of sweet potatoes. The Sweet Potato Board was created prior to 1950 to support the sweet potato industry through grants for education, research, and marketing. The Sweet Potato Association favors the elimination of the Board because the number of sweet potato growers has declined in Virginia and the funds available are not sufficient to carry out the programs to promote the industry. This bill is incorporated into HB 13.
Patron - Athey

F HB345

Master Settlement Agreement; release of escrow funds. Implements uniform language concerning the release of escrow funds to cigarette manufacturers that are not participating manufacturers under the Master Settlement Agreement. The bill contains an emergency clause and is identical to SB 649.
Patron - Kilgore

F HB406

Animals as prizes; penalty. Prohibits carnivals, fairs, or similar amusements from using animals as prizes. This bill also allows localities to prohibit for-profit entities from using animals as prizes. Violation of this section is punishable as a Class 3 misdemeanor.
Patron - Welch

F HB431

Weights and measures. Requires the Commissioner of the Department of Agriculture and Consumer Services to inspect and test all weights and measures kept, offered, or exposed for sale on a periodic basis, as he deems necessary, and to investigate complaints concerning violations of laws regarding weights and measures within 30 days. Currently, the Commissioner may inspect and test all weights and measures annually, or less frequently if in accordance with a schedule issued by the Board of Agriculture and Consumer Services, or more frequently if he deems necessary. At present, there is no requirement for the Commissioner to begin his investigation of a complaint within a set period of time.
Patron - Albo

F HB497

Apple butter and molasses. Allows any person residing in the Commonwealth west of the Blue Ridge Mountains and east of Cumberland Gap to use kettles made of copper and copper alloys such as brass to prepare apple butter and molasses.
Patron - Kilgore

F HB554

Dogs attacking companion animals. Requires any animal control officer or other officer who finds a dog in the act of killing or injuring a companion animal to kill such dog forthwith and allows any person finding a dog attacking a companion animal to kill such dog on sight. Currently, these provisions only apply to dogs attacking livestock or poultry.
Patron - Hargrove

F SB405

Compensation for livestock and poultry killed by dogs. Decreases the amount of money a locality must compensate a person if that person's livestock or poultry is killed or injured by a dog when the owner of the dog is not known from $400 to $200 per animal and from $10 to $5 per fowl.
Patron - Quayle

F SB626

County or city pounds. Limits the number of animals that a person can adopt from a pound to six animals a year.
Patron - Quayle

F SB649

Master Settlement Agreement; release of escrow funds. Implements uniform language concerning the release of escrow funds to cigarette manufacturers that are not participating manufacturers under the Master Settlement Agreement. The bill contains an emergency clause and is identical to HB 345.
Patron - Puckett

Carried Over

C HB281

Certification of aquaculture. Directs the Commissioner of the Department of Agriculture and Consumer Services to coordinate with appropriate state agencies to establish standards for and certification of the commercial production of aquaculture.
Patron - Purkey

C HB629

Cruelty to animals, penalty. Increases the penalty from a Class 1 misdemeanor to a Class 6 felony for acts of intentional animal cruelty or deprivation of food, shelter, or care resulting in serious injury to or the death of a companion animal.
Patron - O'Bannon

C HB630

Mauling by dogs; penalty. Provides that any person who owns or is in custody of a dog that bites a person resulting in substantial physical injury is guilty of a Class 1 misdemeanor if he failed to exercise ordinary care and knew or reasonably should have known of the dangerous nature of the dog or if the victim failed to take all the precautions that a reasonable person would ordinarily take in the same situation. However, this bill does not apply if the injury was sustained by a person who was (i) committing a crime upon the premises occupied by the animal's owner or custodian, (ii) trespassing upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. Also, this bill does not apply to (a) any police dog engaged in the performance of its duties or any dog that responded to pain or injury, or was protecting itself, its kennel, its offspring, or its owner, or owner's property; or (b) any veterinarian, on-duty animal control officer, or law-enforcement officer if he is assigned to a canine unit.
Patron - O'Bannon

C HB1192

Potentially dangerous dogs. Allows localities to regulate potentially dangerous dogs, which are defined as any dog that has, when unprovoked, endangered a person by exhibiting dangerously threatening behavior normally associated with an attack. Currently, localities may regulate dangerous and vicious dogs.
Patron - Scott, J.M.

C HB1289

Pesticide Control Board. Increases the membership of the Pesticide Control Board from 12 to 13 members and requires at least one member of the Board to be a structural applicator.
Patron - Orrock

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Agriculture, Horticulture and Food

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