Agriculture, Horticulture and Food
P
Passed
- P HB1654
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Animal welfare. Allows localities to require owners of animals seized due to suspected violations of animal care requirements to post bond for the cost of boarding the animals until the matter is adjudicated, and allows courts to prohibit those convicted of violating the prohibition against dogfighting from owning other companion animals. The bill also prohibits aiding or abetting or permitting on one's property any of the acts currently prohibited by the dogfighting statute. These acts are Class 6 felonies, as are the acts currently included in the section.
- Patron - Jones, J.C.
- P HB1906
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Local regulation of animals. Allows localities to charge a fee to owners of poisonous or exotic animals found running at large to cover the locality's cost in capturing the animal.
- Patron - Spruill
- P HB1982
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Humane investigators. Allows a circuit court to revoke the appointment of a humane investigator for good cause shown. Currently, such appointments may only be revoked if the person is no longer able to perform the duties of a humane investigator, or has been convicted of a felony, Class 1 misdemeanor, or a violation of any law regarding animals.
- Patron - Davies
- P HB2155
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Confinement and disposition of stray animals. Allows stray animals to be adopted by any person. Currently, such animals may only be adopted by residents of the locality for which the pound or animal shelter is operated or an adjacent locality. The bill requires that animals that are adopted by persons who are not residents of the locality for which the pound or shelter is operated or an adjacent locality must be sterilized prior to adoption. The bill also increases the fine for failure to comply with a sterilization agreement signed when adopting an animal from $50 to $150. This bill is identical to SB 935.
- Patron - Grayson
- P HB2322
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Cruelty to animals. Allows a court to require any person convicted of an animal cruelty violation to attend an anger management or other appropriate treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of such a program or counseling upon the person convicted.
- Patron - Albo
- P HB2323
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Selling garments containing domestic dog or cat fur. Prohibits the selling of such garments. The offense is punishable by a fine of up to $ 10,000. This bill is identical to SB 1260.
- Patron - Albo
- P HB2511
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Virginia Cotton Board. Designates an eighth production area, consisting of Accomack and Northampton Counties, adds an eighth member to the Board, and changes the definition of "handler" so that businesses that gin cotton rather than purchasers of cotton must collect the assessment and keep the records required under the Cotton Board law.
- Patron - Bloxom
- P HB2566
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Apples. Changes the way members of the Virginia State Apple Board are elected, combines excise taxes currently paid by apple producers and apple packers so that the tax is paid only by apple producers, and updates provisions relating to the Board, the excise tax and the packing and labeling of apples. The penalty for shipping apples that have been improperly marked and prohibited from being shipped by the Board of Agriculture and Consumer Services is increased from $500 to the regular penalty for a Class 1 misdemeanor. Apple producers are required to submit semiannual reports rather than yearly reports to the Board. The Board can require that the records producers are currently required to keep be submitted to the Board, and failure to make the records available to the Board is a Class 3 misdemeanor. The fund into which the excise taxes are paid, the Apple Merchandising Fund, is renamed the Apple Fund. The Fund is administered by the Board, which currently has six members representing six apple-producing districts; under the bill, it will have nine members representing three apple-producing districts. Of the three members representing each district, one will be elected in a referendum in which each eligible producer has one vote, one will be elected in a referendum in which each producer has one vote for each 500 bushels he produced, and one will be elected in a referendum in which each producer has one vote for each $100 in excise taxes he paid. The bill also provides an exemption from the Freedom of Information Act for apple producer reports and records submitted to the Board. The bill contains technical amendments.
- Patron - Davies
- P HB2608
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Tobacco Master Settlement Agreement. Requires any tobacco product manufacturer selling cigarettes after July 1, 1999, who does not participate in the Master Settlement Agreement between the Commonwealth and certain tobacco product manufacturers, to make deposits into a qualified escrow fund. The amount required to be placed in escrow is determined by multiplying the number of units (cigarettes or their equivalent) sold in a year by an amount that increases from $.0094241 in 1999 to $.0188482 in 2007 and thereafter, as adjusted for inflation. Funds may be withdrawn from escrow to pay judgments or settlements on certain claims, if the amount deposited exceeds the Commonwealth's allocable share of payments it would be required to make under the master settlement agreement, or, if not sooner released, 25 years after they were deposited. Failure to make the required escrow deposits shall be subject to civil penalties, and on a second violation shall be barred from selling cigarettes in the Commonwealth. The Department of Taxation is required to promulgate regulations necessary to ascertain the amount of excise tax paid on the cigarettes of tobacco product manufacturers.
- Patron - Bennett
- P HB2659
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Century Farm Program. Allows farms that do not meet the requirement of an annual income of $2,500 but are being used for a bona fide silvicultural purpose to be recognized under the program.
- Patron - Katzen
- P SB721
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Dangerous dogs. Adds to the definition of "dangerous dog" a dog which attacks or bites another dog and causes serious physical injury to the other dog. Dogs that injure dogs owned by the same person or during hunting are excluded. The bill also amends a provision allowing localities to require owners of dangerous dogs to have insurance coverage for animal bites to allow such owners to instead have a surety bond. In localities that regulate dangerous dogs, owners of dogs found to be a dangerous dog must obtain a special registration certificate, confine the dog in a specified way, and follow other requirements. The current definition of "dangerous dog" includes dogs that attack companion animals other than dogs.
- Patron - Edwards
- P SB851
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Cruelty to animals. Makes a second or subsequent animal cruelty offense (currently a Class 1 misdemeanor) within five years a Class 6 felony if either offense resulted in the death or euthanasia of an animal. Lawful hunting, fishing, wildlife management and farming activities are not prohibited. The bill also removes the five-year statute of limitations on prosecutions.
- Patron - Stolle
- P SB918
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Authority to prohibit training of attack dogs. Allows Fairfax county (described by form of government) to enact an ordinance which prohibits persons from training dogs on residential property to attack.
- Patron - Saslaw
- P SB935
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Confinement and disposition of stray animals. Allows stray animals to be adopted by any person. Currently, such animals may only be adopted by residents of the locality for which the pound or animal shelter is operated or an adjacent locality. The bill requires that animals that are adopted by persons who are not residents of the locality for which the pound or shelter is operated or an adjacent locality must be sterilized prior to adoption. The bill also increases the fine for failure to comply with a sterilization agreement signed when adopting an animal from $50 to $150. This bill is identical to HB 2155.
- Patron - Lucas
- P SB1165
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Tobacco Indemnification and Community Revitalization Commission and Fund. Establishes the Tobacco Indemnification and Community Revitalization Commission to administer funds received by the Tobacco Indemnification and Community Revitalization Fund. The Fund shall receive 60 percent of the funds received by the Commonwealth pursuant to the tobacco Master Settlement Agreement. The Commission shall distribute one-sixth of the funds it receives to the Virginia Tobacco Settlement Fund, and shall use the balance of the Fund to make payments to tobacco farmers and for projects to promote economic growth and development in tobacco dependent communities. The money in the Virginia Tobacco Settlement Fund will be administered by the newly created Virginia Tobacco Settlement Foundation, and will be used to finance efforts to restrict the use of tobacco products by minors.
- Patron - Hawkins
- P SB1259
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Cruelty to animals. Prohibits killing dogs and cats for their fur. The offense is a Class 1 misdemeanor and a second or subsequent offense is a Class 6 felony.
- Patron - Potts
- P SB1260
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Selling garments containing dog fur. Prohibits the sale of such garments. The offense is punishable by a fine of up to $10,000. This bill is identical to HB 2323.
- Patron - Potts
- P SB1318
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Tobacco Master Settlement Agreement. Requires any tobacco product manufacturer selling cigarettes after July 1, 1999, who does not participate in the Master Settlement Agreement between the Commonwealth and certain tobacco product manufacturers, to make deposits into a qualified escrow fund. The amount required to be placed in escrow is determined by multiplying the number of units (cigarettes or their equivalent) sold in a year by an amount that increases from $.0094241 in 1999 to $.0188482 in 2007 and thereafter, as adjusted for inflation. Funds may be withdrawn from escrow to pay judgments or settlements on certain claims, if the amount deposited exceeds the Commonwealth's allocable share of payments it would be required to make under the master settlement agreement, or, if not sooner released, 25 years after they were deposited. Failure to make the required escrow deposits shall be subject to civil penalties, and on a second violation shall be barred from selling cigarettes in the Commonwealth. The Department of Taxation is required to promulgate regulations necessary to ascertain the amount of excise tax paid on the cigarettes of tobacco product manufacturers. This bill is identical to HB 2608.
- Patron - Hawkins
F
Failed
- F HB1681
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Virginia Cotton Board. Designates an eighth production area, consisting of Accomack and Northampton Counties, and adds an eighth member to the Board.
- Patron - Bloxom
- F HB1907
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Agricultural operations; nuisance. Exempts hog farms of fewer than 25 acres located adjacent to residential property in the City of Chesapeake (described by population) from the mandate that agricultural operations cannot be nuisances if they are conducted according to best management practices and comply with state laws and regulations.
- Patron - Spruill
- F HB1923
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Right to Farm Act. Defines "farm" for the purposes of the Act by combining the existing definitions of "agricultural operation" and "production agriculture and silviculture" and excluding confined animal feeding operations with more than 300 animal units.
- Patron - Van Yahres
- F HB2028
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Virginia Seed Law. Exempts small seed producers selling untested seed on their own premises from the record-keeping provisions of the Virginia Seed Law; exempts seed sold for purposes other than seeding, seed for conditioning, and carriers of seed from the regulations adopted by the Board of Agriculture and Consumer Services under the Law and replaces language allowing the Commissioner of Agriculture and Consumer Services to enter upon any premises or carrier to inspect seeds that are subject to the Law with language allowing him to enter upon premises of persons or carriers that are subject to the Law. There are also technical amendments.
- Patron - Deeds
- F HB2029
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Virginia Agricultural Liming Materials Act. Replaces language allowing the Commissioner of Agriculture and Consumer Services to enter upon any premises or carrier to inspect liming material that is subject to the Act with language allowing him to enter upon premises of persons or carriers that are subject to the Act.
- Patron - Deeds
- F HB2030
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Weights and measures. Amends the description of the places where, and manner in which, the Commissioner of Agriculture and Consumer Services may enter to enforce the weights and measures laws; eliminates the words "gifts," "grants" and "contributions" from the list of what may be contained in the Weights and Measures Fund; and removes the authority for civil penalties imposed by the Board of Agriculture and Consumer Services under the weights and measures laws to be recorded, enforced and satisfied as orders of a circuit court. Removes provision that orders are to be appealed under the Administrative Process Act and provides that appeal shall be by trial de novo in circuit court.
- Patron - Deeds
- F HB2053
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Specialty fertilizer. Requires retail businesses which sell specialty fertilizer for use on lawns to provide the purchaser with written information on the effects of over-application on water quality. There is a fine of up to $50 for not providing such information.
- Patron - Marshall
- F HB2743
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Food and drink; penalties. Allows the Commissioner of Agriculture and Consumer Services to impose civil penalties of up to $ 1,000 in lieu of pursuing criminal prosecution prescribed by the food and drink laws. In deciding whether to assess a civil penalty or pursue criminal prosecution and in determining the amount of any civil penalty, the Commissioner is to consider (i) the history of previous violations of the person, (ii) the seriousness of the violation, and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation. Penalty money will be placed in the Food Safety Fund, which is created by the bill to be used for the administration of the food and drink laws.
- Patron - Hall
- F SB733
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Right to Farm Act. Excludes confined animal feeding operations with 1000 or more animal units from the definition of "production agriculture or silviculture" in the Act. Such operations will not have the protections from special use permit requirements afforded to other farms under the Act.
- Patron - Marye
- F SB769
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Cruelty to animals. Makes intentionally overriding, overdriving, overloading, torturing, ill-treating, inflicting inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily beating, maiming, mutilating, or killing any animal a Class 6 felony. Currently such acts are Class 1 misdemeanors.
- Patron - Miller, Y.B.
- F SB1240
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Virginia Tobacco Settlement Foundation and Fund. Establishes the Virginia Tobacco Settlement Foundation to administer tobacco settlement funds earmarked for tobacco use control and prevention. The Foundation is governed by a board of trustees comprised of two members of the Senate, two members of the House of Delegates, and 11 members appointed by the Governor. The measure also requires that any public or private entity utilizing tobacco settlement funds be required to establish and maintain policies to support the reduction of tobacco use and reduce exposure to secondhand smoke. This bill has been incorporated into SB 1165.
- Patron - Ticer
- F SB1274
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Pesticide application. Requires commercial applicators and registered technicians applying any herbicide to a privately owned lake, pond or impoundment to notify residents of property that is adjacent to the lake and within one-quarter mile of the application at least 48 hours prior to the application.
- Patron - Quayle
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