General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Agriculture, Horticulture and Food

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Agriculture, Horticulture and Food

Passed

P HB1644

Membership of the Pesticide Control Board. Changes the membership of the Pesticide Control Board. Currently at least one member of the Board is to represent commercial applicators. Under this bill, at least one of the two appointees representing the commercial sale or application sector must be a structural commercial applicator. This bill is identical to SB 699.
Patron - Orrock

P HB1746

Referendum on question of levying excise tax on apples; penalty. Directs the Board of Agriculture and Consumer Services to authorize the holding of a referendum on the levy of an excise tax of 2.5 cents per tree run bushel of ungraded apples grown in the Commonwealth for sale by producers of at least 5,000 tree run bushels per calendar year. The bill defines "tree run bushel" as a bushel of harvested apples that have not yet been graded or sized. This bill is identical to SB 1008.
Patron - Sherwood

P HB1947

Agricultural Enterprise Act of 2005; penalty. Directs the Department of Agriculture and Consumer Services to establish, as an element of the Office of Farmland Preservation, agricultural enterprise districts upon application by localities with established agricultural or forestal districts, locally designated agricultural enterprise districts, or purchase of development rights programs. "Qualified agricultural businesses" and "qualified farm businesses" located in such districts may apply to the Department for assistance in developing a new business plan and grant funding for up to 50 percent of the associated costs of implementing that plan, up to a maximum $500,000. "Qualified agricultural businesses" are agricultural businesses that establish a new business operation or plan to expand and improve an existing operation within a designated agricultural enterprise district. "Qualified farm businesses" are farm businesses that establish a new agricultural or forestal production operation or plan to expand or improve an existing operation within an agricultural enterprise district. This bill contains a delayed enactment clause of January 1, 2007, which is conditioned upon funding for the program being included in the appropriations act for fiscal years 2006-2008.
Patron - Saxman

P HB2221

Enforcement of animal laws in towns. Gives towns the option of adopting by reference any ordinance of the surrounding county to be applied within its town limits, instead of adopting an ordinance of its own.
Patron - Rust

P HB2295

Right to consume farm products. Provides that no regulation shall prohibit a person, his immediate family, or his guests from consuming products or commodities grown or processed on his property provided that the products or commodities are not offered for sale.
Patron - Lingamfelter

P HB2338

Permits to sell companion animals; penalty. Authorizes localities that adopt an ordinance to require permits for pet shops or companion animal dealers to provide either a criminal penalty not to exceed a Class 3 misdemeanor or a civil penalty not to exceed $500 for any violation of the ordinance.
Patron - Athey

P HB2423

Horse Industry Board; penalty. Authorizes the Board of Agriculture and Consumer Services, upon petition, to conduct a referendum of horse owners in the Commonwealth on the question of whether or not an assessment of $3 per ton or $0.075 per 50-pound bag of manufactured horse feed should be established to support additional market development, education, publicity, research, and promotion of the equine industry. This bill is identical to SB 1009.
Patron - Scott, E.T.

P HB2629

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. At the manufacturer's request, the new provisions will not be applied to those escrow funds associated with cigarettes sold prior to July 1, 2005, for which cigarettes the manufacturer places funds into escrow on or before April 15, 2006. This bill is identical to SB 1202.
Patron - Albo

P HB2737

Assessment on cotton. Authorizes the Board of Agriculture and Consumer Services, upon petition, to conduct a referendum of cotton producers in the Commonwealth on the question of whether or not the Cotton Board should be authorized to increase the current assessment of $0.85 per bale of ginned cotton by a maximum of $0.15 to support education, research, and promotion of the growth and use of cotton.
Patron - Councill

P HB2837

Weights and measures; inspections. Eliminates (i) the annual minimum inspection of commercial weights and measures by the Department of Agriculture and Consumer Services and grants the Commissioner of Agriculture and Consumer Services discretion to determine the frequency of inspections, and (ii) the required official inspection of new or used weights or measures. This bill also (i) allows the Commissioner to accept private companies' inspection of weights and measures as official inspections and (ii) requires that the Commissioner report annually to the General Assembly on the Department's testing and inspection activities for the weights and measures program including the number and frequency of inspections. This bill incorporates HB 2641and HB 2730.
Patron - Sherwood

P HB2919

Assignment of escrow funds by nonparticipating tobacco manufacturers; incentive payments for assignment. Allows nonparticipating tobacco manufacturers to assign tobacco escrow funds to the Commonwealth and after certain amounts are used for incentive payments, the remainder goes into the Virginia Health Care Fund. This bill incorporates HB 2035 and HB 2918.
Patron - Hogan

P SB699

Membership of the Pesticide Control Board. Changes the membership of the Pesticide Control Board. Currently, at least one member of the Board is to represent commercial applicators. Under this bill, at least one of the two appointees representing the commercial sale or application sector must be a structural commercial applicator. This bill is identical to HB 1644.
Patron - Houck

P SB1008

Referendum on question of levying excise tax on apples; penalty. Directs the Board of Agriculture and Consumer Services to authorize the holding of a referendum on the levy of an excise tax of 2.5 cents per tree run bushel of ungraded apples grown in the Commonwealth for sale by producers of at least 5,000 tree run bushels per calendar year. The bill defines "tree run bushel" as a bushel of harvested apples that have not yet been graded or sized. This bill is identical to HB 1746.
Patron - Hanger

P SB1009

Horse Industry Board; penalty. Authorizes the Board of Agriculture and Consumer Services, upon petition, to conduct a referendum of horse owners in the Commonwealth on the question of whether or not an assessment of $3 per ton or $0.075 per 50-pound bag of manufactured horse feed should be established to support additional market development, education, publicity, research, and promotion of the equine industry. This bill is identical to HB 2423.
Patron - Hanger

P SB1202

Master Settlement Agreement; release of escrow of funds. Implements uniform language concerning the release of escrow funds to cigarette manufacturers that are not participating manufacturers under the Master Settlement Agreement. At the manufacturer's request, the new provisions will not be applied to those escrow funds associated with cigarettes sold prior to July 1, 2005, for which cigarettes the manufacturer places funds into escrow on or before April 15, 2006. This bill is identical to HB 2629.
Patron - Stosch

P SB1332

Assignment of escrow funds by nonparticipating tobacco manufacturers; incentive payments for assignment. Allows nonparticipating tobacco manufacturers to assign tobacco escrow funds to the Commonwealth and after certain amounts are used for incentive payments, the remainder goes into the Virginia Health Care Fund.
Patron - Puckett

Failed

F HB1547

Restricted fertilizer permits. Requires all distributors of restricted fertilizers to obtain a restricted fertilizer permit from the Department of Agriculture and Consumer Services in addition to current licensing and permitting requirements. In this bill, a restricted fertilizer permit holder may refuse to sell to persons attempting to purchase restricted fertilizers out of season, in unusual quantities, or under suspect purchase patterns. Also, a restricted fertilizer permit holder must record a valid state or federal driver's license number, or other picture identification card number approved by the Department, for the purchaser of restricted fertilizer. This bill defines restricted fertilizer as a commercial fertilizer having a potential explosive capacity that is determined by the Department to present an unreasonable threat to public safety.
Patron - Frederick

F HB1884

Animal license taxes. Increases the amount that localities can charge for animal license taxes from $10 to $35, and limits the tax for each additional dog or cat to $2. Funds collected under this bill will be used by the localities to (i) defray the cost of local animal control shelters, (ii) promote sterilization of dogs and cats, and (iii) support affordable rabies vaccination clinics.
Patron - Hargrove

F HB2128

Agri-tourism Incentives Act; penalty. Creates the Agri-tourism Incentives Act to allow qualified farm businesses to have restaurants and provide overnight accommodations on agriculturally zoned land under certain conditions. The Department of Agriculture and Consumer Services is tasked with administering this new program.
Patron - Saxman

F HB2405

Exemptions from dairy regulations. Exempts from all Virginia Department of Agriculture milk regulations farmers who own no more than three milking cows or 12 milking goats and (i) sell the milk from these animals direct to the final consumer at the farm only or (ii) who make cheese or butter on the farm from the milk of these animals and sell these products directly to the final consumer at the farm only. This bill has been incorporated into HB 2903.
Patron - Phillips

F HB2641

Weights and measures. Directs the Commissioner to inspect commercially used weights and measures every two years and collect any fees associated with the testing, inspection, or registration of weights and measures every two years. This bill has been incorporated into HB 2837.
Patron - Hurt

F HB2691

Labeling fertilizer products. Requires that fertilizer sold in packages of 50 pounds or less for general household lawn and garden use include a label with directions for proper fertilizer use and precautionary statements to educate users.
Patron - Pollard

F HB2723

Potentially dangerous dogs; penalty. Allows localities to regulate potentially dangerous dogs, defined as dogs that have 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.

F HB2730

Weights and measures; inspections. Eliminates (i) the annual minimum inspection of commercial weights and measures by the Department of Agriculture and Consumer Services and grants the Commissioner of Agriculture and Consumer Services discretion to determine the frequency of inspections, and (ii) the required official inspection of new or used weights or measures. This bill also allows the Commissioner to accept private companies' inspection of weights and measures as official inspections. This bill has been incorporated into HB 2837.
Patron - Scott, J.M.

F HB2846

Use of gas chambers at animal shelters and pounds prohibited. Prohibits the use of gas chambers at animal shelters and pounds. This bill has a delayed effective date of October 1, 2005.
Patron - Scott, J.M.

F HB2859

Regulation of pet shops. Establishes an annual schedule for pet shop inspections by the State Veterinarian and authorizes him to set up a system for issuing citations for violations.
Patron - Petersen

F HB2903

Selling of farm products; penalty. Allows farmers to sell products or commodities legally grown or processed on their farms if they meet certain conditions, including annually notifying in writing the Department of Agriculture and Consumer Services of their intent to sell products and commodities under this section. If a farmer fails to meet any of the conditions, he is subject to a Class 4 misdemeanor penalty and will have his right to sell such products and commodities revoked. This bill incorporates HB 2405.
Patron - Pollard

F HB2918

Assignment of escrow funds by non participating tobacco manufacturers. Allows non participating tobacco manufacturers to assign tobacco escrow funds to the Commonwealth. After certain amounts are used for incentive payments, the remainder goes into the Virginia Health Care Fund. This bill has been incorporated into HB 2919.
Patron - Hogan

F HB2927

Companion animals; civil penalties. Amends the Comprehensive Animal Laws to require: (i) companion animal dealers to obtain an annual dealer business license to sell companion animals or to advertise companion animals for sale; and (ii) all releasing agencies, including dealers, pet stores, and for-profit breeders, to sterilize and implant a microchip in any companion animal before it is released to a new owner.
Patron - Kilgore

F SB765

Animal license taxes. Establishes the maximum tax that localities can charge for each spayed or neutered dog or cat at $10 per year, and for each unsterilized dog or cat at $20 per year. This bill keeps the maximum license tax for kennels at $50 per year, but requires every dog or cat contained in a kennel to have a current rabies vaccination.
Patron - Locke

F SB1268

Labeling fertilizer products. Requires that specialty fertilizers include a label with directions for proper fertilizer use and precautionary statements to educate users. Specialty fertilizer means a fertilizer distributed for nonfarm use, including home gardens, lawns, shrubbery, flowers, golf courses, and nurseries.
Patron - Ticer

F SB1331

Assignment of escrow funds. Allows nonparticipating manufactures to assign to the Commonwealth their rights to any escrow fund payments required by Virginia law of nonparticipating manufacturers.
Patron - Puckett

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Agriculture, Horticulture and Food

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