{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-526.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-526.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-526.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-526.html"}],"law_id":62768,"edition_id":1,"section_id":62768,"structure_id":14226,"section_number":"28.2-526","catch_line":"Oyster measures; standards; penalty","history":"Code 1950, \u00a7 28-188; 1960, c. 517; 1962, c. 406, \u00a7 28.1-136; 1970, c. 132; 1980, c. 33; 1992, cc. 239, 836; 1996, c. 434; 2007, c. 36; 2011, c. 627; 2014, c. 132.","full_text":"A\n\nExcept as provided in subsection B, C, or D, it is unlawful for any person to buy or sell oysters in the shell by any measure other than:1\n\nOne-half bushel or one bushel metallic measures. Such containers shall be metallic circular tubs with straight sides and straight bottoms and may have holes for draining one inch in diameter. A half-bushel tub shall have the following dimensions, all measured from inside to inside: 15 inches across the top, 13 inches across the bottom, and 17 inches diagonally from the inside chine to the top; and a bushel tub shall measure 18 1\/2 inches across the top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the inside chine to the top. Oysters harvested from the public rocks in the Potomac River or its tributaries may be bought or sold in one bushel metallic measures which shall measure 18 inches across the top, 16 1\/2 inches across the bottom, and 21 inches diagonally from the inside chine to the top. Such containers shall be level full across the entire top of the container to be considered a full measure; or2\n\nA container of not less than 2,500 cubic inches and not more than 3,000 cubic inches, the make and model of which has been approved by the Commission.\n\t\t\t\tAny seller of oysters or oyster shells who fails to furnish at the point of landing a full measure as defined in this section, or a buyer of any seed oysters or oyster shells who accepts less than a full measure as defined in this section, is guilty of a Class 1 misdemeanor.B\n\nOysters may be sold in containers of a size greater than 18 1\/2 inches across the top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the inside chine to the top if such container has been approved by the Commissioner and its use to measure oysters has been approved by both the buyer and seller.C\n\nOn the eastern or ocean side of the Eastern Shore, oysters may be sold without being measured if both the buyer and the seller agree to the number of bushels of oysters in the transaction.D\n\nCultured oysters in the shell may be sold in any measure or container agreeable to the buyer and seller.","order_by":null,"text":{"0":{"id":228820,"text":"Except as provided in subsection B, C, or D, it is unlawful for any person to buy or sell oysters in the shell by any measure other than:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":228821,"text":"One-half bushel or one bushel metallic measures. Such containers shall be metallic circular tubs with straight sides and straight bottoms and may have holes for draining one inch in diameter. A half-bushel tub shall have the following dimensions, all measured from inside to inside: 15 inches across the top, 13 inches across the bottom, and 17 inches diagonally from the inside chine to the top; and a bushel tub shall measure 18 1\/2 inches across the top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the inside chine to the top. Oysters harvested from the public rocks in the Potomac River or its tributaries may be bought or sold in one bushel metallic measures which shall measure 18 inches across the top, 16 1\/2 inches across the bottom, and 21 inches diagonally from the inside chine to the top. Such containers shall be level full across the entire top of the container to be considered a full measure; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":228822,"text":"A container of not less than 2,500 cubic inches and not more than 3,000 cubic inches, the make and model of which has been approved by the Commission.\n\t\t\t\tAny seller of oysters or oyster shells who fails to furnish at the point of landing a full measure as defined in this section, or a buyer of any seed oysters or oyster shells who accepts less than a full measure as defined in this section, is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":228823,"text":"Oysters may be sold in containers of a size greater than 18 1\/2 inches across the top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the inside chine to the top if such container has been approved by the Commissioner and its use to measure oysters has been approved by both the buyer and seller.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":228824,"text":"On the eastern or ocean side of the Eastern Shore, oysters may be sold without being measured if both the buyer and the seller agree to the number of bushels of oysters in the transaction.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":228825,"text":"Cultured oysters in the shell may be sold in any measure or container agreeable to the buyer and seller.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14226,"edition_id":1,"name":"Fishing for Oysters and Clams; Device Restrictions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13617,"metadata":{},"date_created":"2026-06-26 03:47:22","date_modified":"2026-06-26 03:47:22","permalink":{"id":191243,"object_type":"structure","relational_id":14226,"identifier":"2","token":"28.2\/II\/5\/2","url":"\/28.2\/II\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13617,"edition_id":1,"name":"Oysters and Clams","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":191215,"object_type":"structure","relational_id":13617,"identifier":"5","token":"28.2\/II\/5","url":"\/28.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67009,"structure_id":14226,"section_number":"28.2-506","catch_line":"Season for taking oysters from public rocks; penalty","url":"\/28.2-506\/","token":"28.2\/II\/5\/2\/28.2-506","metadata":false},{"id":72136,"structure_id":14226,"section_number":"28.2-507","catch_line":"Opening and closing public rocks","url":"\/28.2-507\/","token":"28.2\/II\/5\/2\/28.2-507","metadata":false},{"id":68281,"structure_id":14226,"section_number":"28.2-508","catch_line":"Prohibited area for patent tongs; penalty","url":"\/28.2-508\/","token":"28.2\/II\/5\/2\/28.2-508","metadata":false},{"id":55452,"structure_id":14226,"section_number":"28.2-509","catch_line":"Maximum weight for patent tongs; teeth length; penalty","url":"\/28.2-509\/","token":"28.2\/II\/5\/2\/28.2-509","metadata":false},{"id":60946,"structure_id":14226,"section_number":"28.2-510","catch_line":"Buying, selling, or possessing unculled oysters; penalty","url":"\/28.2-510\/","token":"28.2\/II\/5\/2\/28.2-510","metadata":false},{"id":62678,"structure_id":14226,"section_number":"28.2-511","catch_line":"Culling oysters; penalty","url":"\/28.2-511\/","token":"28.2\/II\/5\/2\/28.2-511","metadata":false},{"id":67098,"structure_id":14226,"section_number":"28.2-512","catch_line":"Interfering with oyster inspections; penalty","url":"\/28.2-512\/","token":"28.2\/II\/5\/2\/28.2-512","metadata":false},{"id":60532,"structure_id":14226,"section_number":"28.2-513","catch_line":"Prima facie evidence of culling violation; defense","url":"\/28.2-513\/","token":"28.2\/II\/5\/2\/28.2-513","metadata":false},{"id":60784,"structure_id":14226,"section_number":"28.2-514","catch_line":"Possession of shucked oysters; penalty","url":"\/28.2-514\/","token":"28.2\/II\/5\/2\/28.2-514","metadata":false},{"id":76785,"structure_id":14226,"section_number":"28.2-515","catch_line":"Dredging or scraping on private ground; permit required","url":"\/28.2-515\/","token":"28.2\/II\/5\/2\/28.2-515","metadata":false},{"id":67985,"structure_id":14226,"section_number":"28.2-516","catch_line":"Oyster dredging or oyster dredging equipment on boat; penalty","url":"\/28.2-516\/","token":"28.2\/II\/5\/2\/28.2-516","metadata":false},{"id":86432,"structure_id":14226,"section_number":"28.2-517","catch_line":"Marking ground","url":"\/28.2-517\/","token":"28.2\/II\/5\/2\/28.2-517","metadata":false},{"id":80934,"structure_id":14226,"section_number":"28.2-518","catch_line":"Dredging for oysters in James River; penalty","url":"\/28.2-518\/","token":"28.2\/II\/5\/2\/28.2-518","metadata":false},{"id":56482,"structure_id":14226,"section_number":"28.2-519","catch_line":"Use of rakes or scrapes on ocean side of Eastern Shore; penalty","url":"\/28.2-519\/","token":"28.2\/II\/5\/2\/28.2-519","metadata":false},{"id":67017,"structure_id":14226,"section_number":"28.2-520","catch_line":"Use of hydraulic dredges prohibited; exceptions; penalty","url":"\/28.2-520\/","token":"28.2\/II\/5\/2\/28.2-520","metadata":false},{"id":74200,"structure_id":14226,"section_number":"28.2-521","catch_line":"Revocation of license or permit to dredge","url":"\/28.2-521\/","token":"28.2\/II\/5\/2\/28.2-521","metadata":false},{"id":75187,"structure_id":14226,"section_number":"28.2-522","catch_line":"Prima facie evidence of violation","url":"\/28.2-522\/","token":"28.2\/II\/5\/2\/28.2-522","metadata":false},{"id":79197,"structure_id":14226,"section_number":"28.2-523","catch_line":"Penalty","url":"\/28.2-523\/","token":"28.2\/II\/5\/2\/28.2-523","metadata":false},{"id":87498,"structure_id":14226,"section_number":"28.2-524","catch_line":"Taking oysters or clams in certain areas; limitations","url":"\/28.2-524\/","token":"28.2\/II\/5\/2\/28.2-524","metadata":false},{"id":82214,"structure_id":14226,"section_number":"28.2-525","catch_line":"Fishing in Chesapeake Bay immediately west of Tangier Island","url":"\/28.2-525\/","token":"28.2\/II\/5\/2\/28.2-525","metadata":false},{"id":62768,"structure_id":14226,"section_number":"28.2-526","catch_line":"Oyster measures; standards; penalty","url":"\/28.2-526\/","token":"28.2\/II\/5\/2\/28.2-526","metadata":false},{"id":59754,"structure_id":14226,"section_number":"28.2-527","catch_line":"Theft of oysters, clams, shells, etc.; penalty","url":"\/28.2-527\/","token":"28.2\/II\/5\/2\/28.2-527","metadata":false},{"id":82800,"structure_id":14226,"section_number":"28.2-528","catch_line":"Revocation of licenses for theft of oysters","url":"\/28.2-528\/","token":"28.2\/II\/5\/2\/28.2-528","metadata":false},{"id":55444,"structure_id":14226,"section_number":"28.2-529","catch_line":"Converting shells into lime; penalty","url":"\/28.2-529\/","token":"28.2\/II\/5\/2\/28.2-529","metadata":false},{"id":68980,"structure_id":14226,"section_number":"28.2-530","catch_line":"Taking oysters or loading on vessel on Sunday or at night; penalty","url":"\/28.2-530\/","token":"28.2\/II\/5\/2\/28.2-530","metadata":false},{"id":81458,"structure_id":14226,"section_number":"28.2-531","catch_line":"Taking clams on Sunday or at night; exception; penalty","url":"\/28.2-531\/","token":"28.2\/II\/5\/2\/28.2-531","metadata":false},{"id":75680,"structure_id":14226,"section_number":"28.2-532","catch_line":"Protection of oysters and clams of Virginia; labeling; penalty","url":"\/28.2-532\/","token":"28.2\/II\/5\/2\/28.2-532","metadata":false},{"id":55963,"structure_id":14226,"section_number":"28.2-533","catch_line":"Oysters on crab dredging boat; penalty","url":"\/28.2-533\/","token":"28.2\/II\/5\/2\/28.2-533","metadata":false},{"id":83637,"structure_id":14226,"section_number":"28.2-534","catch_line":"Possession of oysters while taking clams; penalty","url":"\/28.2-534\/","token":"28.2\/II\/5\/2\/28.2-534","metadata":false},{"id":67485,"structure_id":14226,"section_number":"28.2-535","catch_line":"Permit to buy or carry seed oysters from certain grounds; penalty","url":"\/28.2-535\/","token":"28.2\/II\/5\/2\/28.2-535","metadata":false},{"id":71370,"structure_id":14226,"section_number":"28.2-536","catch_line":"Taking clams in certain areas; penalty","url":"\/28.2-536\/","token":"28.2\/II\/5\/2\/28.2-536","metadata":false},{"id":61624,"structure_id":14226,"section_number":"28.2-537","catch_line":"Restriction on size of clams; penalty","url":"\/28.2-537\/","token":"28.2\/II\/5\/2\/28.2-537","metadata":false}],"previous_section":{"id":82214,"structure_id":14226,"section_number":"28.2-525","catch_line":"Fishing in Chesapeake Bay immediately west of Tangier Island","url":"\/28.2-525\/","token":"28.2\/II\/5\/2\/28.2-525","metadata":false},"next_section":{"id":59754,"structure_id":14226,"section_number":"28.2-527","catch_line":"Theft of oysters, clams, shells, etc.; penalty","url":"\/28.2-527\/","token":"28.2\/II\/5\/2\/28.2-527","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-526\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 517; in 1962, chapter 406; in 1970, chapter 132; in 1980, chapter 33; in 1992, chapters 239 and 836; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0434\">434<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0036\">36<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0627\">627<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0132\">132<\/a>.<\/p>","references":[{"id":61999,"section_number":"28.2-542","catch_line":"Oyster Replenishment Fund","order_by":null,"url":"\/28.2-542\/"},{"id":67262,"section_number":"28.2-548","catch_line":"Duty to inspect","order_by":null,"url":"\/28.2-548\/"}],"refers_to":false,"permalink":{"id":191325,"object_type":"law","relational_id":62768,"identifier":"28.2-526","token":"28.2\/II\/5\/2\/28.2-526","url":"\/28.2-526\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-526\/","token":"28.2\/II\/5\/2\/28.2-526","dublin_core":{"Title":"Oyster measures; standards; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-526","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as provided in subsection B, C, or D, it is unlawful for any person to buy or sell oysters in the shell by any measure other than: <a id=\"paragraph-228820\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-526\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> One-half bushel or one bushel metallic measures. Such containers shall be metallic circular tubs with straight sides and straight bottoms and may have holes for draining one inch in diameter. A half-bushel tub shall have the following dimensions, all measured from inside to inside: 15 inches across the top, 13 inches across the bottom, and 17 inches diagonally from the inside chine to the top; and a bushel tub shall measure 18 1\/2 inches across the top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the inside chine to the top. Oysters harvested from the public rocks in the Potomac River or its tributaries may be bought or sold in one bushel metallic measures which shall measure 18 inches across the top, 16 1\/2 inches across the bottom, and 21 inches diagonally from the inside chine to the top. Such containers shall be level full across the entire top of the container to be considered a full measure; or <a id=\"paragraph-228821\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-526\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A container of not less than 2,500 cubic inches and not more than 3,000 cubic inches, the make and model of which has been approved by the <span class=\"dictionary\">Commission<\/span>.\n\t\t\t\tAny seller of oysters or oyster shells who fails to furnish at the point of landing a full measure as defined in this section, or a buyer of any seed oysters or oyster shells who accepts less than a full measure as defined in this section, is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-228822\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-526\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Oysters may be sold in containers of a size greater than 18 1\/2 inches across the top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the inside chine to the top if such container has been approved by the <span class=\"dictionary\">Commissioner<\/span> and its use to measure oysters has been approved by both the buyer and seller. <a id=\"paragraph-228823\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-526\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> On the eastern or ocean side of the Eastern Shore, oysters may be sold without being measured if both the buyer and the seller agree to the number of bushels of oysters in the transaction. <a id=\"paragraph-228824\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-526\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Cultured oysters in the shell may be sold in any measure or container agreeable to the buyer and seller. <a id=\"paragraph-228825\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-526\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOYSTER MEASURES; STANDARDS; PENALTY (\u00a7 28.2-526)\n\nA. Except as provided in subsection B, C, or D, it is unlawful for any person to\nbuy or sell oysters in the shell by any measure other than:\n\n   1. One-half bushel or one bushel metallic measures. Such containers shall be\n   metallic circular tubs with straight sides and straight bottoms and may have\n   holes for draining one inch in diameter. A half-bushel tub shall have the\n   following dimensions, all measured from inside to inside: 15 inches across the\n   top, 13 inches across the bottom, and 17 inches diagonally from the inside\n   chine to the top; and a bushel tub shall measure 18 1\/2 inches across the top,\n   17 inches across the bottom, and 21 1\/2 inches diagonally from the inside\n   chine to the top. Oysters harvested from the public rocks in the Potomac River\n   or its tributaries may be bought or sold in one bushel metallic measures which\n   shall measure 18 inches across the top, 16 1\/2 inches across the bottom, and\n   21 inches diagonally from the inside chine to the top. Such containers shall\n   be level full across the entire top of the container to be considered a full\n   measure; or\n\n   2. A container of not less than 2,500 cubic inches and not more than 3,000\n   cubic inches, the make and model of which has been approved by the Commission.\n   \t\t\t\tAny seller of oysters or oyster shells who fails to furnish at the point\n   of landing a full measure as defined in this section, or a buyer of any seed\n   oysters or oyster shells who accepts less than a full measure as defined in\n   this section, is guilty of a Class 1 misdemeanor.\n\nB. Oysters may be sold in containers of a size greater than 18 1\/2 inches across\nthe top, 17 inches across the bottom, and 21 1\/2 inches diagonally from the\ninside chine to the top if such container has been approved by the Commissioner\nand its use to measure oysters has been approved by both the buyer and seller.\n\nC. On the eastern or ocean side of the Eastern Shore, oysters may be sold\nwithout being measured if both the buyer and the seller agree to the number of\nbushels of oysters in the transaction.\n\nD. Cultured oysters in the shell may be sold in any measure or container\nagreeable to the buyer and seller.\n\nHISTORY: Code 1950, \u00a7 28-188; 1960, c. 517; 1962, c. 406, \u00a7 28.1-136; 1970, c.\n132; 1980, c. 33; 1992, cc. 239, 836; 1996, c. 434; 2007, c. 36; 2011, c. 627;\n2014, c. 132.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}