General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Agriculture, Horticulture and Food

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Agriculture, Horticulture and Food

Passed

P HB339

Licensing of dogs and cats. Requires licensed veterinarians to forward to the local treasurer vaccination information for dogs. The local treasurer shall, upon receipt of the vaccination information, bill dog owners for a pet license. Localities are also allowed to charge an additional $5 per day for any dog that is impounded without a current license. The owner of such an animal may have the animal spayed or neutered in lieu of paying the additional fee. The duration of a dog or cat license may be equal to and run concurrent with the effective period of the rabies vaccination.
Patron - Orrock

P HB340

Control of dangerous and vicious dogs; registry; penalty. Requires the control of dangerous dogs within a statewide mandated framework. The bill imposes criminal penalties ranging from a Class 2 misdemeanor to a Class 6 felony for violations that result in injury to a person or death to a cat or dog.The bill expands the authority to petition a court to find a dog dangerous to any law-enforcement officer and makes that petition mandatory. A Virginia Dangerous Dog Registry is created to be maintained by the State Veterinarian; any change in the status of a dangerous dog is to be promptly submitted in writing. Surrender of a dog that is subject of a pending action to animal control shall not be in lieu of prosecution. The bill also (i) narrows the definition of "dangerous dogs" to include dogs that inflict injury to another cat or dog requiring the animal to be euthanized while also broadening safe harbor provisions; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires liability insurance in the amount of $100,000 to be purchased by the owner of a dangerous dog, or in lieu of the insurance policy the owner may obtain a surety bond. This bill is identical to HB 1039 and SB 200.
Patron - Orrock

P HB706

Tobacco Indemnification and Community Revitalization Commission; appointment of executive director. Changes the power to appoint the executive director of the Tobacco Indemnification and Community Revitalization Commission from the Governor to the Commission.
Patron - Hogan

P HB982

Control of avian influenza; penalty. Allows the Commissioner of Agriculture and Consumer Services to adopt regulations to prevent and control avian influenza in commercial and noncommercial poultry, including regulations that affect the live-bird marketing system, and authorizes the Commissioner to participate in the federal Live Bird Marketing Program of the United States Department of Agriculture. The Commissioner's regulatory authority is exempted from the Administrative Process Act. Failure to comply with promulgated regulations may result in a civil penalty not to exceed $2,500.
Patron - Lewis

P HB983

Compensation for animals destroyed to control animal disease outbreak. Allows the Commissioner of Agriculture and Consumer Services, with the approval of the Governor and the Secretary of Agriculture and Forestry, to pay to the appropriate persons, from funds so appropriated, a portion of the difference between the appraised value of each animal or animal product destroyed and the total of the value of the salvage thereof and any compensation made for each animal or animal product by the federal government. This applies to animals destroyed at the direction of the State Veterinarian for the control or eradication of an animal disease outbreak.
Patron - Lewis

P HB1039

Control of dangerous and vicious dogs; registry; penalty. Requires the control of dangerous dogs within a statewide mandated framework. The bill imposes criminal penalties ranging from a Class 2 misdemeanor to a Class 6 felony for violations that result in injury to a person or death to a cat or dog.The bill expands the authority to petition a court to find a dog dangerous to any law-enforcement officer and makes that petition mandatory. A Virginia Dangerous Dog Registry is created to be maintained by the State Veterinarian; any change in the status of a dangerous dog is to be promptly submitted in writing. Surrender of a dog that is subject of a pending action to animal control shall not be in lieu of prosecution. The bill also (i) narrows the definition of "dangerous dogs" to include dogs that inflict injury to another cat or dog requiring the animal to be euthanized while also broadening safe harbor provisions; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires liability insurance in the amount of $100,000 to be purchased by the owner of a dangerous dog, or in lieu of the insurance policy the owner may obtain a surety bond. This bill is identical to HB 340 and SB 200.
Patron - Melvin

P HB1185

Riparian rights for agriculture and livestock. Prohibits the requirement of a Virginia Water Protection Permit for privately owned and retained water located outside the path of regularly flowing surface water or for any water withdrawal for livestock watering or crop production within maximum withdrawal limits to be set by the Board.
Patron - Landes

P HB1186

Legislative appointees on certain boards. Designates legislative appointing authorities to appoint legislators who serve on the Tourist Train Development Authority, the Chippokes Plantation Farm Foundation Board, and the Potomac River Basin Commission. Currently, the Governor makes these appointments, although it is usually customary for the legislature to appoint its own members. One additional House member is added to the Tourist Train Development Authority so that both houses have representation on the Authority. The bill also provides that the nonlegislative citizen member appointed to the Potomac River Basin Authority will be appointed at large and that alternate members must reside within the Potomac River drainage basin. This bill is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). This bill is identical to SB 330.
Patron - Landes

P HB1545

Tobacco Settlement Foundation; appointment of director. Changes the power to appoint the director of the Tobacco Settlement Foundation from the Governor to the Board of Trustees of the Tobacco Settlement Foundation.
Patron - O'Bannon

P SB200

Control of dangerous and vicious dogs; registry; penalty. Requires the control of dangerous dogs within a statewide mandated framework. The bill imposes criminal penalties ranging from a Class 2 misdemeanor to a Class 6 felony for violations that result in injury to a person or death to a cat or dog.The bill expands the authority to petition a court to find a dog dangerous to any law-enforcement officer and makes that petition mandatory. A Virginia Dangerous Dog Registry is created to be maintained by the State Veterinarian; any change in the status of a dangerous dog is to be promptly submitted in writing. Surrender of a dog that is subject of a pending action to animal control shall not be in lieu of prosecution. The bill also (i) narrows the definition of "dangerous dogs" to include dogs that inflict injury to another cat or dog requiring the animal to be euthanized while also broadening safe harbor provisions; (ii) requires that a dog that has been found to be dangerous or vicious shall be spayed or neutered; and (iii) requires liability insurance in the amount of $100,000 to be purchased by the owner of a dangerous dog, or in lieu of the insurance policy the owner may obtain a surety bond. This bill is identical to HB 340 and HB 1039.
Patron - Houck

P SB330

Legislative appointees on certain boards. Designates legislative appointing authorities to appoint legislators who serve on the Tourist Train Development Authority, the Chippokes Plantation Farm Foundation Board, and the Potomac River Basin Commission. Currently, the Governor makes these appointments, although it is usually customary for the legislature to appoint its own members. This bill clarifies the legislative and nonlegislative citizen members appointed to the Chippokes Plantation Farm Foundation and their respective terms. One additional House member is added to the Tourist Train Development Authority so that both houses have representation on the Authority. This bill is a recommendation of the Joint Subcommittee to Study the Balance of Powers Between the Legislative and Executive Branches pursuant to HJR 707 (2005). This bill is identical to HB 1186.
Patron - Locke

P SB419

Plans to preserve farmland and forestland. Directs agencies that prepare plans for the implementation of policies to preserve important farmland and forestland to submit those plans to the Secretary of Agriculture and Forestry and the Secretary of Natural Resources annually. Presently, plans are submitted to the Secretary of Commerce and Trade and the Secretary of Natural Resources.
Patron - Hanger

P SB537

Secretary of Agriculture and Forestry; Tobacco Indemnification and Community Revitalization Commission; Virginia Land Conservation Board of Trustees; membership. Adds the Secretary of Agriculture and Forestry to the membership of the Tobacco Indemnification and Community Revitalization Commission and the Virginia Land Conservation Board of Trustees. The bill also removes the Commissioner of Agriculture and Consumer Services from the Tobacco Indemnification and Community Revitalization Commission.
Patron - Hawkins

P SB574

Gifting of unweaned or certain immature animals. Prohibits the giving away as pets or novelties any living chicks, ducklings, or other fowl under two months old in quantities of less than six or any unweaned mammalian companion animal or any dog under the age of seven weeks without its dam, or any cat under the age of seven weeks without its queen. Current law prohibits the sale or use as inducement or prize but does not address gifts.
Patron - Stolle

Failed

F HB124

Sale of produce on farm; penalty. Allows the sale of food or food products without regulation provided sale occurs on a farm direct to the final consumer and products are marked "Not for Resale, Produced Without State Inspection." Any person that resells such products shall be guilty of a Class 4 misdemeanor. This bill is identical to HB 1592.
Patron - Kilgore

F HB265

Animal license taxes. Increases the amount that localities can charge for animal license taxes from $10 to $35, and limits the tax for additional dogs and cats to $2.
Patron - Hargrove

F HB278

Animal license tax. Authorizes the City of Newport News to impose a license fee of up to $35 on each dog or cat that has not been spayed or neutered.
Patron - BaCote

F HB318

Local animal control. Changes the limits localities may set for a uniform schedule of civil penalties for each type of specified violation to not less than $100 or more than $500. Moneys raised pursuant to this subsection shall be placed in the locality's general fund for the purpose of animal control activities including but not limited to spay/neuter programs. Currently, civil penalties are capped at $150 unless higher authorization is provided elsewhere in the Code and the funds are not currently designated under this section for animal control activities.
Patron - Albo

F HB386

Dangerous and vicious dogs. Expands the definition of a dangerous dog to include a dog that has, without provocation, chased, confronted, or approached a person in a threatening or aggressive manner such that a reasonable person would be fearful of an attack. Requires any ordinance adopted pursuant to this section to provide that an animal control officer may determine, after investigation, whether a dog is a dangerous dog. Currently that authority is given at the discretion of the locality. This bill was incorporated into HB 340.
Patron - Dance

F HB556

Dual applicator license. Authorizes the Virginia Department of Agriculture and Consumer Services to issue a dual applicator license for both pesticide and fertilizer.
Patron - Oder

F HB606

Certification of animal pedigree. Requires any pet dealer selling a dog or cat, representing that the animal is registered or capable of being registered with any animal pedigree registry organization, to provide documentation of an examination by a licensed veterinarian.
Patron - Amundson

F HB654

Boarding of seized dogs and cats. Allows dogs and cats seized by animal control officers to be boarded in kennels at the owner's expense during the pendency of the abandonment or neglect hearing.
Patron - Plum

F HB707

Tobacco Indemnification and Community Revitalization Commission; membership. Increases the membership of the Tobacco Indemnification and Community Revitalization Commission from 31 to 32 by adding a member of the House of Delegates.
Patron - Hogan

F HB828

Animals as prizes or inducements. Prohibits a person or vendor at a carnival midway from giving away any live animal as a prize for participating in or winning a contest or game.
Patron - Welch

F HB858

Cruelty to animals. Provides that anyone using violence against a dog in the face of an actual or imminent attack by the dog shall be presumed not to violate the cruelty to animals provisions.
Patron - Hargrove

F HB1091

Use of gas chambers for animal euthanasia prohibited. Prohibits the use of gas chambers for animal euthanasia. This bill has a delayed effective date of October 1, 2006.
Patron - Scott, J.M.

F HB1095

State Veterinarian inspection of pounds, shelters, and pet stores; civil penalty. Requires the State Veterinarian or his designee to conduct routine inspections of every municipal pound or shelter twice annually, all other shelters and pet shops shall be inspected once annually. Inspections shall be unannounced and conducted during normal business hours. Violations that remain uncorrected shall be subject to a civil penalty of $1,000 per violation per day.
Patron - Amundson

F HB1168

State Veterinarian inspection of pounds, shelters, and pet stores; civil penalty. Requires the State Veterinarian or his designee to conduct routine inspections of every pound and shelter once annually and every pet shop twice annually. Violations that remain uncorrected 30 days from the initial inspection shall be subject to a civil penalty of $500 per violation per day.
Patron - Eisenberg

F HB1411

Dog dealers. Excludes from the definition of dealer persons that breed show dogs or hunting dogs. The bill also exempts from any local permitting requirement any person that breeds as a hobby, breeds to improve a breed of dog, sells a pet or the offspring of a pet, or engages in an abandoned or injured dog rescue effort.
Patron - Cole

F HB1532

Abandonment of companion animals. Prohibits the abandonment, disposal, or dumping of companion animals. The catch and release of feral cats for purpose of neutering is exempt. A violation is a Class 1 misdemeanor; penalty.
Patron - Shuler

F HB1563

Animal control officer training. Transfers the registration requirements for animal control officers employed by localities from the State Veterinarian to the Department of Criminal Justice Services and requires the Department of Criminal Justice Services' approval for animal control training courses. The bill requires that the costs associated with the registration requirements and the educational instruction be allocated from the budget of the State Veterinarian.
Patron - Orrock

F HB1592

Sale of produce on farm; penalty. Allows the sale of food or food products without regulation provided sale occurs on a farm direct to the final consumer and products are marked "Not for Resale, Produced Without State Inspection.," accordingly. Any person that resells such products shall be guilty of a Class 4 misdemeanor. This bill is identical to HB 124.
Patron - Tyler

F SB55

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 and pet stores, to sterilize, absent health-related delays, and implant a microchip in any companion animal before it is released to a new owner.
Patron - Reynolds

F SB354

Labeling of foods as kosher or halal; penalty. Prohibits the willful or reckless selling of non-kosher or halal food as kosher or halal. Additionally, the bill requires the identification of kosher or halal foods if non-kosher or halal food is offered for sale. Violation of these provisions is a Class 2 misdemeanor. This bill was incorporated into SB 349.
Patron - Cuccinelli

Carried Over

C SB101

Relief for small bee keepers. Persons keeping 50 or fewer hives and selling the honey produced by their own bees shall not be required to process the honey in a certified honey house or food processing establishment, nor shall the person be required to obtain a permit from the Department.
Patron - Blevins

C SB232

Immunity for reporting animal abuse. Protects any person who in good faith makes a report or provides information to a government agency regarding animal neglect, cruelty, or abandonment from retaliation by a pet shop, pound, kennel, or releasing agency.
Patron - Ticer

C SB234

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

C SB594

Regulation of fertilizers. Prohibits localities from regulating the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizer.
Patron - Watkins

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Agriculture, Horticulture and Food

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