General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Agriculture, Horticulture and Food

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Agriculture, Horticulture and Food

Passed

P HB5

Gas chambers. Prohibits the use of gas chambers for euthanizing companion animals. This is emergency legislation. This bill incorporates HB 1289 and HB 40.
Patron - Orrock

P HB207

Local animal pounds and shelters; definition. Clarifies that a facility serving as a pound or shelter may operate in either a building or a portion of a building, as designated by the State Veterinarian. This change would allow inspectors to tailor the separate inspection and regulatory standards for shelters and pounds to the respective portion of the facility designated for each purpose.
Patron - Morgan

P HB537

Rabies vaccination certificates; public access; duties of local treasurers. Exempts records sent by veterinarians to local treasurers from public access under the Freedom of Information Act when such information is not contained in the animal license or license application. This will allow local treasurers to dispose of records sent from veterinarians. This bill incorporates HB 457.
Patron - Orrock

P HB538

Commercial dog breeding operations; penalty. Defines a commercial breeder as any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals. Commercial breeders will be required to: (i) apply for a business license from their respective locality; (ii) cooperate with inspections by animal control officers to ensure compliance with state and federal animal care laws; (iii) maintain records of animal sales, purchases, breeding history, and veterinary care; (iv) dispose of dead dogs and confined waste in accordance with law; and (v) maintain no more than 50 dogs over the age of one year at one time for breeding purposes. The bill also provides that any person who has been convicted of any law concerning abuse, neglect, or cruelty to animals may not sell or trade any companion animal. Commercial breeders that violate any of these provisions are guilty of a Class 1 misdemeanor. Pet shops must ensure that their dogs are purchased from dealers or persons that are properly registered and licensed with the U.S. Department of Agriculture. This bill incorporates HB 690 and HB 1232. The provisions of the bill are made subject to funding in the general appropriation act.
Patron - Orrock

P HB644

Master Settlement Agreement; enforcement requirements for tobacco product manufacturers; national sales information. Requires every tobacco product manufacturer whose cigarettes are to be sold in the Commonwealth to submit, as a condition of selling cigarettes in the Commonwealth, to the Attorney General a true and correct copy of each annual return or report filed with the Alcohol and Tobacco Tax and Trade Bureau for federal excise tax purposes. Failure to submit the annual return or report will result in the loss of the tobacco manufacturer's authority to sell cigarettes in the Commonwealth after 30 days' notice. This bill also provides provisions for the protection of the annual return data once in the possession of the Attorney General.
Patron - Hogan

P HB655

Dangerous dogs; judicial discretion. Provides a court with the authority not to declare a dog to be a dangerous dog for good cause, based on the evidence before it if the dog is not dangerous or a threat to the community. Currently, a court is required to declare a dog dangerous if there is any bite, attack, or injury to a person, even if the bite, attack, or injury is accidental or negligible.
Patron - Griffith

P HB656

Animal protection and fighting; penalty. Provides that engaging in the fighting of any animals is a Class 1 misdemeanor, while dog fighting remains a Class 6 felony. Possession of any materials intended to enhance the ability of animals to fight, permitting a minor to become involved in animal fighting, or wagering on animal fighting raises any such offense to a Class 6 felony. Animals that are the subject of such criminal charges may be forfeited to the locality, but the owner may post bond to retain his ownership interest and repossess the animals if the court issues a finding of not guilty. Law-enforcement officers would be permitted to conduct searches at any time upon the issuance of warrants. Currently, such officers may only conduct searches during the day. This bill incorporates HB 1057 and HB 1465. This bill is identical to SB 592 .
Patron - Griffith

P HB673

Animal welfare standards. Requires that "adequate water" for animals is replenished in a manner that is appropriate for the weather and temperature. Currently, "adequate water" must be replenished at least once every 12 hours.
Patron - Alexander

P HB999

Bond for abandoned or cruelly treated animals. Allows the court to order the owner of any animal held by a humane investigator or animal control officer for more than 30 days to post a bond with the locality for the amount of the cost of boarding the animal if the locality has not adopted an ordinance requiring the posting of such bond.
Patron - Bell

P HB1121

Weights and measures; certified service technicians. Clarifies that it is permissible to possess for commercial purposes a weight or measure that has been placed into service by a duly certified service technician.
Patron - Sickles

P HB1331

Revision of Title 3.1; Department of Agriculture and Consumer Services; commodity-related boards; protection of food supplies; domestic animals. Creates proposed Title 3.2 (Agriculture, Animal Care, and Food) as a revision of existing Title 3.1 (Agriculture, Horticulture and Food) and consists of 65 chapters divided into five subtitles: Subtitle I (General Provisions; Protection and Promotion of Agriculture); Subtitle II (Boards, Councils, Foundations, and Commissions); Subtitle III (Production and Sale of Agricultural Products); Subtitle IV (Food and Drink; Weights and Measures); and Subtitle V (Domestic Animals). Subtitle I addresses the preservation of agricultural lands and the promotion of the agricultural industry. In addition to setting out the duties and responsibilities of the Department of Agriculture and Consumer Services, the Commissioner of Agriculture and Consumer Services, and the Office of Consumer Affairs, the first chapter includes several new provisions. These sections provide title-wide definitions and the authority to adopt regulations governing the conduct of referenda and replace existing sections throughout the current title. Subtitle II establishes the various commodity-related boards, councils, and foundations formed to promote the agricultural industry in the Commonwealth. It begins with a listing of the special funds associated with these various collegial bodies and the reporting requirements for commodity boards, then sets out all of the commodity boards and prescribes their powers and duties. Subtitle III provides for the production and sale of agricultural products through a system of grading, licensing, certification, and registration. The sections in these chapters have been organized in a similar sequence, with a definitions section placed first, followed by agency administrative responsibilities, licensing or registrations requirements, enforcement provisions and, finally, penalties. Subtitle IV sets standards for consumer protection. These laws: (i) prescribe standards for ensuring the wholesomeness and safety of food products, including proper labeling practices; and (ii) protect the consumer by establishing standards for the instruments and devices used in weighing and measuring commodities. Subtitle V provides for the regulation of domestic animals in the Commonwealth.
Patron - Landes

P HB1372

Inspection of honey houses; repeal. Repeals the duplicative authority of the Department of Agriculture and Consumer Services to regulate the sanitary conditions in places where honey is stored and manufactured under the beekeeping laws, because such authority is already broadly granted under Article 2, Sanitary Requirements in General, of Chapter 20 of Title 3.1.
Patron - Landes

P HB1424

Poultry testing for avian influenza. Requires the importer of poultry into the Commonwealth to test for avian influenza within a period of time set out by proclamation of the State Veterinarian. Currently, an importer of poultry must test for avian influenza within 10 days before the poultry enters the Commonwealth. This bill contains an emergency clause.
Patron - Lohr

P SB135

Applying fertilizer to nonagricultural property. Requires the Board of Agriculture and Consumer Services to adopt regulations that certify the competence of the contractor-applicators and licensees who apply any regulated product to nonagricultural property. The regulations are to be in accordance with the Department of Conservation and Recreation's nutrient management training and certification program. The Board is to consult with the Department of Conservation and Recreation and a committee of stakeholders in the development of the regulations. The Board is authorized to impose a civil penalty of up to $250 on any contractor-applicator or licensee who does not comply with the regulations.
Patron - Stuart

P SB272

Inspection of food establishments; exception for private homes. Exempts certain types of commercial food preparation in private homes from inspections by the Department of Agriculture and Consumer Services. The exception will apply to candies, jams, and jellies not considered to be low-acid or acidified low-acid food products or baked goods that do not require time or temperature control after preparation, including cream pies, if such products: (i) are sold to an individual for his own consumption and not for resale and (ii) are labeled "NOT FOR RESALE--PROCESSED AND PREPARED WITHOUT STATE INSPECTION."
Patron - Deeds

P SB477

Matching grants to local purchase of development rights programs. Provides that, in general, local purchase of development rights programs would be required to make a $1 match for each $1 in grants awarded by the Office of Farmland Preservation.
Patron - Hanger

P SB545

Master Settlement Agreement; regulation of cigarette manufacturers. Makes several changes to enhance the regulation of cigarette manufacturers and stamping agents and enforcement provisions. Changes include (i) establishing a bonding requirement for newly qualified and elevated risk nonparticipating tobacco manufacturers, (ii) authorizing the Attorney General to conduct audits and investigations for compliance with the requirements of the Master Settlement Agreement, (iii) requiring nonparticipating manufacturers located outside of the United States to appoint an agent in the state, and (iv) providing for the joint and several liability of nonparticipating manufacturers whose cigarettes are sold in Virginia and their importers for the deposit of required escrow payments. Under the bill, tobacco product manufacturers that are poor compliance risks or are not in compliance with the requirements of the Master Settlement Agreement may not be listed on the Virginia Tobacco Directory. The bill also exempts from FOIA records of the Office of the Attorney General acting pursuant to its enforcement authority under the Master Settlement Agreement, to the extent that such records contain reports, affidavits, correspondence, or other information submitted by a private business entity or principal thereof to the Office of the Attorney General.
Patron - Hurt

P SB592

P SB663

Local fees for companion animals. Removes the cap that localities may charge for the burial or cremation of animals and authorizes localities to charge increased fees for the repeated impoundment of the same animal.
Patron - Blevins

Failed

F HB32

Fighting of cocks and other animals; penalty. Increases the penalty for engaging in the fighting of cocks or other animals, except dogs, from a Class 3 to a Class 1 misdemeanor. Currently, the penalties only apply if (i) the fighting occurs for money, prizes, or anything of value, (ii) an admissions fee is charged, or (iii) wagering occurs. These conditions are removed. The bill also makes it a Class 1 misdemeanor to possess, own, train, or sell cocks or other animals, except dogs, for fighting.
Patron - Ingram

F HB40

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, 2008. This bill was incorporated into HB 5.
Patron - Scott, J.M.

F HB217

Tethering of animals. Makes certain acts associated with the tethering of animals a Class 3 misdemeanor. The bill prohibits such actions as (i) tethering an animal that is less than six months old, except in an emergency, (ii) tethering an animal that has not been spayed or neutered, except in an emergency, and (iii) using a tether weighing more than the animal can reasonably bear. Local governments are authorized to adopt an animal tethering ordinance that can be more restrictive than the proposed statute.
Patron - Alexander

F HB306

Animal control officers; training. Requires that animal control officers receive training in a basic animal control course within one year of appointment. Currently, animal control officers are not required to receive such training for two years after appointment. Animal control officers will also receive continuing education every year, instead of every three years. The content of continuing education courses will contain training on enforcement and animal care laws.
Patron - Eisenberg

F HB457

Veterinarians and animal licensure. Repeals the requirement that veterinarians must provide the local treasurer with rabies certificate information, which the treasurers then use to collect license fees for companion animals. This law has been in effect since July 1, 2007, and provides a civil penalty of $10 for a veterinarian that willfully fails to provide the vaccination certificates to the treasurer. This bill was incorporated into HB 537.
Patron - Merricks

F HB464

Humane investigators. Restores the humane investigator program to its pre-2003 status. In 2003, the law was amended to limit (i) the number of humane investigators to those currently serving and (ii) the number of programs to those currently in operation. The 2003 bill allowed those appointed prior to July 1, 2003, to be reappointed for three-year terms. This bill removes the limitations placed on the program by the 2003 law.
Patron - Albo

F HB661

Agritourism and marine tourism activity liability. Expands the Agritourism Activity Liability Act, passed in 2006, to marine tourism activities conducted by commercial fishermen. Currently, only agritourism activities on land are covered by the act, although aquaculture is already included as an agritourism activity.
Patron - Lewis

F HB690

Commercial breeding of companion animals; penalty. Requires state licensure of any person who breeds companion animals and is also required to be licensed by the U.S. Department of Agriculture. The Virginia Department of Agriculture and Consumer Services will issue licenses and collect an annual fee of $150, which will be remitted to the localities where animal breeding facilities are located. Animal control officers are granted the authority to investigate any commercial breeding operation to ensure compliance with animal care laws. This bill was incorporated into HB 538.
Patron - Armstrong

F HB691

Animal control officers; inspection of breeding facilities. Requires an animal control officer to make quarterly inspections of any premises in his jurisdiction where dealers breed companion animals. The animal control officer will ensure that dealers comply with state and federal standards for sanitation, licensure, and adequate care.
Patron - Armstrong

F HB1057

Cockfighting; penalty. Imposes a penalty of a Class 6 felony on any person who knowingly engages in an animal fighting venture that involves two or more cocks or other animals, except dogs. This bill was incorporated into HB 656.
Patron - Scott, J.M.

F HB1122

F HB1232

Overbreeding of cats and dogs; penalty. Prohibits any dealer from breeding more than 20 litters of dogs or cats, or selling more than 100 dogs or cats, in any year. Violators are guilty of a Class 3 misdemeanor. This bill was incorporated into HB 538.
Patron - Vanderhye

F HB1289

Use of gas chambers for animal euthanasia prohibited. Prohibits the use of gas chambers for animal euthanasia. This bill was incorporated into HB 5.
Patron - Athey

F HB1396

Agritourism. Charges the Commissioner of Agriculture and Consumer Services with the responsibility of promoting Virginia agritourism both nationally and internationally. He is to develop a statewide agritourism master plan and coordinate efforts to educate the public about the importance of Virginia's agriculture heritage and industry.
Patron - Lohr

F HB1465

Dogfighting; penalty. Includes, as violations applicable to the crime of dogfighting, attending such fights; permitting a minor to engage in any of the punishable activities; and possessing any materials intended to train animals to fight or enhance the ability of animals for fight. Dogs that are the subject of such criminal charges may be forfeited to the locality, but the owner may post bond to retain his ownership interest and repossess the animals if the court issues a finding of not guilty. Animal control officers would be permitted to conduct searches at any time upon the issuance of warrants. Currently, only police officers may conduct such searches, and only during the day. This bill was incorporated into HB 656.
Patron - Armstrong

F HB1473

National Animal Identification System. Prohibits the Department of Agriculture and Consumer Services from supporting a mandatory National Animal Identification System, a USDA-sponsored program to register and track domestic animals and livestock. The Department of Agriculture and Consumer Services would not be prohibited from participating in discussions or attending meetings on the National Animal Identification System.
Patron - Eisenberg

F HB1486

Dealer permits. Allows localities to charge dealers in companion animals up to $150 to obtain a permit. The current limit for such a permit is $50. The bill also requires localities that use the proceeds from real estate taxes to fund animal control activities or has releasing agencies that euthanize companion animals that are not critically ill or exhibit behavior that is a risk to their caretakers to obtain a permit.
Patron - Athey

F HB1570

Companion animals; sterilization; penalty. Requires that sellers of dogs and cats adhere to the same sterilization requirements currently applied to releasing agencies, such as shelters and pounds. Breed improvers, fancier breeders, and hobby breeders would be exempt from the requirements. Violators would be subject to a civil penalty of not more than $150, while persons fraudulently claiming exemption would be subject to a civil penalty of $1,000.
Patron - Hull

F SB498

Gas chambers. Prohibits the use of gas chambers for euthanizing companion animals. This is emergency legislation.
Patron - Northam

Carried Over

C HB848

Lease of development rights program. Tasks the Office of Farmland Preservation to create a lease of development rights program. Under such program, properties of 20 acres and larger and that are enrolled in "land use" taxation programs, would be eligible to participate in a lease of development rights program whereby the property owner relinquishes "by right" development for at least seven years in exchange for a contractually agreed upon lease amount.
Patron - Ware, R.L.

C HB1525

Infectious animal diseases; scrapie regulations for goats and sheep. Requires that any regulations adopted by the Board of Agriculture and Consumer Services regarding the eradication and control of scrapie in goats and sheep limit intrastate identification, reporting, and movement restrictions to infected and source flocks and high-risk animals.
Patron - Gear

C SB172

Sales of equines by dealers; penalty. Regulates the sales of horses for showing or racing by dealers when the value of the horse is over $10,000. Bills of sale will be required, along with written acknowledgements, to include permission and compensation, if an agent is acting on behalf of both the buyer and the seller. Violators shall be guilty of a Class 1 misdemeanor and civilly liable for treble damages.
Patron - Blevins

C SB373

Invasive plants; labeling. Provides that the Board of Agriculture and Consumer Services, in consultation with the Virginia Invasive Species Plant Council, shall adopt regulations requiring nurseries to label all invasive species of plants.
Patron - Stuart

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Agriculture, Horticulture and Food

E-mail Webmaster