TITLE 3.1. AGRICULTURE, HORTICULTURE, AND FOOD.

§§ 3.1-106.2, 3.1-106.6, 3.1-126.2:1, and 3.1-126.4 amended.
Fertilizer and lime contractors; permit fees. Revises definitions of fertilizer "contractor-applicator" and lime "contractor" and makes changes in the permitting language in order to clarify that only one valid permit holder per business entity is required. The bill attempts to resolve any ambiguity or conflict from within the Department of Agriculture and Consumer Services, the regulatory agency overseeing such permits, where the law has recently been interpreted to require every individual applying fertilizer or lime to pay the $50 permit fee. SB 677; CH. 473.

§§ 3.1-319, 3.1-329, 3.1-330, and 3.1-331 amended.
Collection of bright flue-cured tobacco excise tax. Adds definition of "handler" and designates handlers as agents of the Virginia Bright Flue-Cured Tobacco Board for the purpose of collecting excise taxes on bright flue-cured tobacco. Currently, the excise tax can only be collected by the warehouse where the tobacco is first sold. SB 552; CH. 57.

§ 3.1-394 amended.
Food Labeling. Exempts not-for-profit organizations from labeling requirements for one-day food sales. This bill also grants the Commissioner of Agriculture and Consumer Services the authority to require the Department of Agriculture and Consumer Services to distribute educational materials related to the safe preparation of food to not-for-profit organizations. HB 653; CH. 218.

§§ 3.1-418, 3.1-419, 3.1-740, and 3.1-741 amended.
Deletion of obsolete cross-references. Strikes references to repealed Code provisions dealing with miscellaneous food products and the reporting of the number of livestock. This bill is a recommendation of the Virginia Code Commission in furtherance of the objective to identify obsolete provisions of law pursuant to § 30-151. HB 53; CH. 185.

§§ 3.1-796.66, 3.1-796.73, and 3.1-796.122 amended.
Animal abandonment or dumping; penalties. Adds definition of animal "dumping" to animal welfare laws. To "dump" means to knowingly desert, forsake or absolutely give up any dog, cat or other companion animal in any public place including the right-of-way of any public highway, road or street or on the property of another. HB 1357; CH. 351.

§§ 3.1-796.66, 3.1-796.115, and 3.1-796.122 amended; § 3.1-796.123 repealed.
Seizure and impoundment of animals, cruelty to animals, and soring of horses; penalty. Adds the federal definition of soring of horses, expands the authority to seize and impound animals for failure to provide "adequate care" to horses by deleting the "companion animal" qualification, and includes the soring of horses as cruelty to animals. Currently, the penalty for soring of horses is a Class 3 misdemeanor. This bill increases the penalty for soring of horses to a Class 1 misdemeanor, and if a second conviction occurs within five years resulting in the death of the animal, the penalty is increased to a Class 6 felony. SB 235; CH. 500.

§§ 3.1-796.66, 3.1-796.67:2, 3.1-796.68, 3.1-796.73, 3.1-796.96, 3.1-796.96:2, and 3.1-796.126:7 amended; §§ 3.1-796.96:3, 3.1-796.96:4, and 3.1-796.96:5 added.
Animal shelters. Adds definitions of "companion animal rescue agency"and "foster home" and establishes requirements for operating companion animal rescue agencies and foster homes. The bill also sets out separate registration requirements for companion animal rescue agencies and animal pounds and shelters that use foster homes. Companion animal rescue agencies are not inspected by the State Veterinarian prior to accepting animals and are not required to meet shelter regulations set forth by the Department of Agriculture and Consumer Services. Instead, a companion animal rescue agency must self-certify and inspect any foster homes used prior to placing an animal to determine if the home meets the basic owner standards of care as set out in § 3.1-796.68 plus additional requirements. The self-certification and inspection reports are to be filed with the State Veterinarian. Companion animal rescue agencies must register with the Department annually and foster homes must self-certify twice a year that they are continuing to meet the basic owner standards of care with the companion animal rescue agency. Pounds and animal shelters that use foster homes to keep animals accepted by the pound or shelter must inspect those foster homes prior to placing an animal. The foster homes must self-certify twice a year that they continue to meet the basic owner standards of care.
The bill also prohibits any person who has ever been convicted of animal cruelty, neglect, or abandonment from adopting an animal from, or working for or operating, any humane society, animal shelter, companion animal rescue agency or foster home. Also, this bill prohibits any person who has ever been convicted of animal cruelty, neglect, or abandonment from being on the board of directors of a pound or animal shelter. This bill also changes the authority for assessing penalties for violations relating to animal shelters from the Board of Agriculture and Consumer Services to the Department of Agriculture and Consumer Services. The requirement for animal shelters to send pictures of animals to pounds is removed. SB 260; CH. 787.

§§ 3.1-796.96, 3.1-796.96:2, and 3.1-796.120 amended.
Animal pounds and shelters. Expands the power to enforce laws relating to animal pounds and shelters by authorizing the Commissioner of the Department of Agriculture and Consumer Services to bring an action to enjoin violations of the Animal Control Law or the regulations pursuant thereto. The Commissioner may request the Attorney General to bring such an action. Currently, the Commissioner may request only an action for civil penalties for violations. HB 501; CH. 208/SB 417; CH. 53.

§ 3.1-796.104:1 amended.
Animal control officers; training on child abuse and neglect. Requires animal control officers to receive training in the recognition of child abuse and neglect and information on how complaints may be filed. HB 773; CH. 418.

§ 3.1-796.122 amended.
Animal cruelty. Provides that it is a Class 6 felony to cause the death of a dog or cat by torturing or willfully inflicting inhumane injury or pain or cruelly beating, maiming or mutilating such animal regardless of whether the animal belongs to the person or another. This bill is substantially similar to SB 306. HB 707; CH. 583.

§ 3.1-796.122 amended.
Animal cruelty. Provides that it is a Class 6 felony to cause the death of a dog or cat that is a companion animal by torturing willfully, or inflicting inhumane injury or pain or cruelly beating, maiming or mutilating such animal. This bill is substantially similar to HB 707. SB 306; CH. 613.

§§ 3.1-1106, 3.1-1110, and 3.1-1111 amended; § 3.1-1109.1 added.
Securitization of payments under the Tobacco Master Settlement Agreement. Authorizes the Governor to sell any or all of 50 percent of the revenues derived from the Master Settlement Agreement. Proceeds from the sale shall be deposited into the Tobacco Indemnification and Community Revitalization Endowment Fund. The income of the Endowment and up to 10 percent (up to 15 percent upon two-thirds vote of the Tobacco Indemnification and Community Revitalization Commission) of the corpus of the Endowment shall be paid annually to the Tobacco Indemnification and Community Revitalization Fund. HB 698; CH. 488/SB 457; CH. 482.

2002 Digest Home | Code Commission Home