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§ 3.2-800 Definitions

As used in this chapter, unless the context requires a different meaning: “Certificate” means a document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with a noxious weed. “Infested” means the establishment of a noxious weed or exposure to such weed, which would be reasonable cause to believe that establishment could occur. “Move” means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved, except for bona fide agricultural purposes including the management, tilling, planting, or harvesting of agricultural products. “Noxious weed” means any living plant, or part thereof, declared by the Board through regulations under this chapter to be detrimental to crops, surface waters, including lakes, or other desirable plants, livestock, land, or other property, or to be injurious to public health, the environment, or the economy, except when in-state production of such living plant, or part thereof, is commercially viable or such living plant is commercially propagated in Virginia. “Permit” means a document issued or authorized by the Commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes. “Person” means the term as defined in § 1-230. The term also means any society. “Quarantine” means a legal declaration by the Board that specifies: (i) the noxious weed; (ii) the articles to be regulated; (iii) conditions governing movement; and (iv) exemptions. “Regulated article” means any article of any character as described in this chapter or in the quarantine carrying or capable of carrying a noxious weed against which this chapter or the quarantine is directed.

History

This law was first created in 1970. The record of its establishment is cataloged in chapter 175 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1970 “Acts” aren’t available online. It has been modified 4 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 266; in 2008, chapter 860; in 2016, chapter 171; in 2023, chapter 153.

1970, c. 175, § 3.1-296.12; 1996, c. 266; 2008, c. 860; 2016, c. 171; 2023, c. 153.

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