{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4709.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4709.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4709.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4709.html"}],"law_id":69243,"edition_id":1,"section_id":69243,"structure_id":14899,"section_number":"3.2-4709","catch_line":"Definitions","history":"Code 1950, \u00a7 3-534; 1966, c. 702, \u00a7 3.1-692; 1975, c. 505; 1977, c. 21; 2008, c. 860; 2025, c. 142.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t&#8220;Auction market,&#8221;\"livestock auction market,&#8221;\"livestock sales ring,&#8221;\"livestock auction,&#8221; or &#8220;livestock auction ring&#8221; means a place or establishment operated for compensation or profit as a private or public market, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held for sale or where livestock is sold or offered for sale either privately or at public auction.\n\t\t&#8220;Commission merchant&#8221; means any person who (i) operates an auction market; (ii) receives farm products for sale on commission or contracts with the producer for farm products sold on commission or for a fee; (iii) accepts in trust from the producer for the purpose of sale; (iv) sells or offers for sale on commission; (v) solicits consignments of any kind of farm products; or (vi) handles the account of or as an agent of the producer any kind of farm products. No person shall be deemed to be an agent of the producer unless a specific price has been agreed upon by both parties before shipment or delivery by the producer for resale.\n\t\t&#8220;Commission merchant&#8221;does not include (i) any cooperative corporation or association that is subject to the provisions of Article 2 (\u00a7 13.1-312 et seq.) of Chapter 3 of Title 13.1; (ii) any association or organization of farmers, including produce exchanges, not incorporated under or subject to the provisions of Article 2 (\u00a7 13.1-312 et seq.) of Chapter 3 of Title 13.1, organized and maintained by farmers for mutual help in the marketing of their produce and not for profit; (iii) any person buying vegetables, viticulture, or horticultural farm products for the purpose of reselling these products in dried, canned, or other preserved form; (iv) the sale of farm produce at public auction by a licensed auctioneer, acting as the agent of another to whom such farm produce is consigned; (v) the sale by sheriffs and other officers and fiduciaries and court officials; (vi) seed sold at retail; or (vii) persons licensed pursuant to the provisions under the federal Perishable Agricultural Commodities Act (7 U.S.C. \u00a7 499a et seq.).\n\t\t&#8220;Farm produce&#8221; or &#8220;farm products&#8221; means horticultural, viticulture, forestry, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.\n\t\t&#8220;Licensee&#8221; means any person who has been granted a license to operate, conduct, or carry on the business of a commission merchant.","order_by":null,"text":{"0":{"id":250522,"text":"As used in this article, unless the context requires a different meaning:\n\t\t&#8220;Auction market,&#8221;\"livestock auction market,&#8221;\"livestock sales ring,&#8221;\"livestock auction,&#8221; or &#8220;livestock auction ring&#8221; means a place or establishment operated for compensation or profit as a private or public market, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held for sale or where livestock is sold or offered for sale either privately or at public auction.\n\t\t&#8220;Commission merchant&#8221; means any person who (i) operates an auction market; (ii) receives farm products for sale on commission or contracts with the producer for farm products sold on commission or for a fee; (iii) accepts in trust from the producer for the purpose of sale; (iv) sells or offers for sale on commission; (v) solicits consignments of any kind of farm products; or (vi) handles the account of or as an agent of the producer any kind of farm products. No person shall be deemed to be an agent of the producer unless a specific price has been agreed upon by both parties before shipment or delivery by the producer for resale.\n\t\t&#8220;Commission merchant&#8221;does not include (i) any cooperative corporation or association that is subject to the provisions of Article 2 (\u00a7 13.1-312 et seq.) of Chapter 3 of Title 13.1; (ii) any association or organization of farmers, including produce exchanges, not incorporated under or subject to the provisions of Article 2 (\u00a7 13.1-312 et seq.) of Chapter 3 of Title 13.1, organized and maintained by farmers for mutual help in the marketing of their produce and not for profit; (iii) any person buying vegetables, viticulture, or horticultural farm products for the purpose of reselling these products in dried, canned, or other preserved form; (iv) the sale of farm produce at public auction by a licensed auctioneer, acting as the agent of another to whom such farm produce is consigned; (v) the sale by sheriffs and other officers and fiduciaries and court officials; (vi) seed sold at retail; or (vii) persons licensed pursuant to the provisions under the federal Perishable Agricultural Commodities Act (7 U.S.C. \u00a7 499a et seq.).\n\t\t&#8220;Farm produce&#8221; or &#8220;farm products&#8221; means horticultural, viticulture, forestry, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.\n\t\t&#8220;Licensee&#8221; means any person who has been granted a license to operate, conduct, or carry on the business of a commission merchant.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14899,"edition_id":1,"name":"Commission Merchants","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13865,"metadata":{},"date_created":"2026-06-26 03:50:39","date_modified":"2026-06-26 03:50:39","permalink":{"id":196689,"object_type":"structure","relational_id":14899,"identifier":"2","token":"3.2\/III\/47\/2","url":"\/3.2\/III\/47\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13865,"edition_id":1,"name":"Sale of Farm Produce","identifier":"47","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:07","date_modified":"2026-06-26 03:46:07","permalink":{"id":196649,"object_type":"structure","relational_id":13865,"identifier":"47","token":"3.2\/III\/47","url":"\/3.2\/III\/47\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69243,"structure_id":14899,"section_number":"3.2-4709","catch_line":"Definitions","url":"\/3.2-4709\/","token":"3.2\/III\/47\/2\/3.2-4709","metadata":false},{"id":66776,"structure_id":14899,"section_number":"3.2-4710","catch_line":"Certain activities exempt from article","url":"\/3.2-4710\/","token":"3.2\/III\/47\/2\/3.2-4710","metadata":false},{"id":74700,"structure_id":14899,"section_number":"3.2-4711","catch_line":"License required; application for license to be in writing; contents","url":"\/3.2-4711\/","token":"3.2\/III\/47\/2\/3.2-4711","metadata":false},{"id":61615,"structure_id":14899,"section_number":"3.2-4712","catch_line":"Fee and bond to accompany license","url":"\/3.2-4712\/","token":"3.2\/III\/47\/2\/3.2-4712","metadata":false},{"id":74988,"structure_id":14899,"section_number":"3.2-4713","catch_line":"Applications for renewal licenses","url":"\/3.2-4713\/","token":"3.2\/III\/47\/2\/3.2-4713","metadata":false},{"id":73147,"structure_id":14899,"section_number":"3.2-4714","catch_line":"Disposition of sums received for licenses","url":"\/3.2-4714\/","token":"3.2\/III\/47\/2\/3.2-4714","metadata":false},{"id":87074,"structure_id":14899,"section_number":"3.2-4715","catch_line":"Certified copy of license; fee; posting of license during sale periods","url":"\/3.2-4715\/","token":"3.2\/III\/47\/2\/3.2-4715","metadata":false},{"id":61505,"structure_id":14899,"section_number":"3.2-4716","catch_line":"Bond not required for certain auction sales of livestock","url":"\/3.2-4716\/","token":"3.2\/III\/47\/2\/3.2-4716","metadata":false},{"id":79301,"structure_id":14899,"section_number":"3.2-4717","catch_line":"Agreements with U.S. Department of Agriculture; powers and duties of Commissioner as to bonds filed with U.S. Department of Agriculture","url":"\/3.2-4717\/","token":"3.2\/III\/47\/2\/3.2-4717","metadata":false},{"id":59371,"structure_id":14899,"section_number":"3.2-4718","catch_line":"Execution and terms of bond; action thereon","url":"\/3.2-4718\/","token":"3.2\/III\/47\/2\/3.2-4718","metadata":false},{"id":61789,"structure_id":14899,"section_number":"3.2-4719","catch_line":"Duties and powers of Commissioner with respect to bonds","url":"\/3.2-4719\/","token":"3.2\/III\/47\/2\/3.2-4719","metadata":false},{"id":81541,"structure_id":14899,"section_number":"3.2-4720","catch_line":"Schedule of commissions and charges to be filed","url":"\/3.2-4720\/","token":"3.2\/III\/47\/2\/3.2-4720","metadata":false},{"id":65540,"structure_id":14899,"section_number":"3.2-4721","catch_line":"Investigation of transactions by Commissioner","url":"\/3.2-4721\/","token":"3.2\/III\/47\/2\/3.2-4721","metadata":false},{"id":75976,"structure_id":14899,"section_number":"3.2-4722","catch_line":"Complaint to Commissioner by consignor; Commissioner's action","url":"\/3.2-4722\/","token":"3.2\/III\/47\/2\/3.2-4722","metadata":false},{"id":61855,"structure_id":14899,"section_number":"3.2-4723","catch_line":"Right of entry; administration of oaths; testimony","url":"\/3.2-4723\/","token":"3.2\/III\/47\/2\/3.2-4723","metadata":false},{"id":80571,"structure_id":14899,"section_number":"3.2-4724","catch_line":"Grounds for refusal or revocation of license","url":"\/3.2-4724\/","token":"3.2\/III\/47\/2\/3.2-4724","metadata":false},{"id":86015,"structure_id":14899,"section_number":"3.2-4725","catch_line":"Publication of revocation","url":"\/3.2-4725\/","token":"3.2\/III\/47\/2\/3.2-4725","metadata":false},{"id":83225,"structure_id":14899,"section_number":"3.2-4726","catch_line":"Failure to comply with orders of Commissioner constitutes contempt","url":"\/3.2-4726\/","token":"3.2\/III\/47\/2\/3.2-4726","metadata":false},{"id":71737,"structure_id":14899,"section_number":"3.2-4727","catch_line":"Copies of papers in Commissioner's office as prima facie evidence","url":"\/3.2-4727\/","token":"3.2\/III\/47\/2\/3.2-4727","metadata":false},{"id":74485,"structure_id":14899,"section_number":"3.2-4728","catch_line":"Appeal from orders and actions of Commissioner","url":"\/3.2-4728\/","token":"3.2\/III\/47\/2\/3.2-4728","metadata":false},{"id":56876,"structure_id":14899,"section_number":"3.2-4729","catch_line":"Records to be kept by commission merchant","url":"\/3.2-4729\/","token":"3.2\/III\/47\/2\/3.2-4729","metadata":false},{"id":64230,"structure_id":14899,"section_number":"3.2-4730","catch_line":"Detailed statements shall be kept of claims for overcharges or damages filed by commission merchant for consignor","url":"\/3.2-4730\/","token":"3.2\/III\/47\/2\/3.2-4730","metadata":false},{"id":74049,"structure_id":14899,"section_number":"3.2-4731","catch_line":"Record and account, together with remittance for each sale, to be delivered to consignor","url":"\/3.2-4731\/","token":"3.2\/III\/47\/2\/3.2-4731","metadata":false},{"id":67115,"structure_id":14899,"section_number":"3.2-4732","catch_line":"Copies of records to be kept by commission merchant","url":"\/3.2-4732\/","token":"3.2\/III\/47\/2\/3.2-4732","metadata":false},{"id":68551,"structure_id":14899,"section_number":"3.2-4733","catch_line":"Certificate establishing condition, quality, and grade to be furnished by Commissioner in event of dispute","url":"\/3.2-4733\/","token":"3.2\/III\/47\/2\/3.2-4733","metadata":false},{"id":65285,"structure_id":14899,"section_number":"3.2-4734","catch_line":"Duty of attorney for the Commonwealth","url":"\/3.2-4734\/","token":"3.2\/III\/47\/2\/3.2-4734","metadata":false},{"id":86248,"structure_id":14899,"section_number":"3.2-4735","catch_line":"Venue","url":"\/3.2-4735\/","token":"3.2\/III\/47\/2\/3.2-4735","metadata":false},{"id":79663,"structure_id":14899,"section_number":"3.2-4736","catch_line":"License required","url":"\/3.2-4736\/","token":"3.2\/III\/47\/2\/3.2-4736","metadata":false},{"id":59793,"structure_id":14899,"section_number":"3.2-4737","catch_line":"Offenses and punishment","url":"\/3.2-4737\/","token":"3.2\/III\/47\/2\/3.2-4737","metadata":false}],"next_section":{"id":66776,"structure_id":14899,"section_number":"3.2-4710","catch_line":"Certain activities exempt from article","url":"\/3.2-4710\/","token":"3.2\/III\/47\/2\/3.2-4710","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4709\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1966, chapter 702; in 1975, chapter 505; in 1977, chapter 21; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0142\">142<\/a>.<\/p>","references":[{"id":75547,"section_number":"18.2-145.1","catch_line":"Damaging or destroying research farm product; penalty; restitution","order_by":null,"url":"\/18.2-145.1\/"},{"id":64956,"section_number":"46.2-1129","catch_line":"Further extensions of weight limits for certain vehicles hauling Virginia-grown farm or forest products","order_by":null,"url":"\/46.2-1129\/"}],"refers_to":[{"id":81376,"section_number":"13.1-312","catch_line":"Liberal construction of article","order_by":null,"url":"\/13.1-312\/"}],"permalink":{"id":196691,"object_type":"law","relational_id":69243,"identifier":"3.2-4709","token":"3.2\/III\/47\/2\/3.2-4709","url":"\/3.2-4709\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4709\/","token":"3.2\/III\/47\/2\/3.2-4709","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4709","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this article, unless the context requires a different meaning:\n\t\t&#8220;Auction market,&#8221;\"livestock auction market,&#8221;\"livestock sales ring,&#8221;\"livestock auction,&#8221; or &#8220;<span class=\"dictionary\">livestock auction ring<\/span>&#8221; means a place or establishment operated for compensation or profit as a private or public market, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held for sale or where livestock is sold or offered for sale either privately or at public auction.\n\t\t&#8220;<span class=\"dictionary\">Commission merchant<\/span>&#8221; means any person who (i) operates an auction market; (ii) receives <span class=\"dictionary\">farm products<\/span> for sale on commission or <span class=\"dictionary\">contracts<\/span> with the producer for <span class=\"dictionary\">farm products<\/span> sold on commission or for a fee; (iii) accepts in trust from the producer for the purpose of sale; (iv) sells or offers for sale on commission; (v) solicits consignments of any kind of <span class=\"dictionary\">farm products<\/span>; or (vi) handles the account of or as an agent of the producer any kind of <span class=\"dictionary\">farm products<\/span>. No person shall be deemed to be an agent of the producer unless a specific price has been agreed upon by both parties before shipment or delivery by the producer for resale.\n\t\t&#8220;<span class=\"dictionary\">Commission merchant<\/span>&#8221;does not include (i) any cooperative corporation or association that is subject to the provisions of Article 2 (\u00a7&nbsp;<a class=\"law\" title=\"Liberal construction of article\" href=\"\/13.1-312\/\">13.1-312<\/a> et seq.) of Chapter 3 of Title 13.1; (ii) any association or organization of farmers, including produce exchanges, not incorporated under or subject to the provisions of Article 2 (\u00a7&nbsp;<a class=\"law\" title=\"Liberal construction of article\" href=\"\/13.1-312\/\">13.1-312<\/a> et seq.) of Chapter 3 of Title 13.1, organized and maintained by farmers for mutual help in the marketing of their produce and not for profit; (iii) any person buying vegetables, viticulture, or horticultural <span class=\"dictionary\">farm products<\/span> for the purpose of reselling these products in dried, canned, or other preserved form; (iv) the sale of <span class=\"dictionary\">farm produce<\/span> at public auction by a licensed auctioneer, acting as the agent of another to whom such <span class=\"dictionary\">farm produce<\/span> is consigned; (v) the sale by sheriffs and other officers and fiduciaries and <span class=\"dictionary\">court<\/span> officials; (vi) seed sold at retail; or (vii) persons licensed pursuant to the provisions under the federal Perishable Agricultural Commodities Act (7 U.S.C. \u00a7&nbsp;499a et seq.).\n\t\t&#8220;<span class=\"dictionary\">Farm produce<\/span>&#8221; or &#8220;<span class=\"dictionary\">farm products<\/span>&#8221; means horticultural, viticulture, forestry, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.\n\t\t&#8220;<span class=\"dictionary\">Licensee<\/span>&#8221; means any person who has been granted a license to operate, conduct, or carry on the business of a <span class=\"dictionary\">commission merchant<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 3.2-4709)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t&#8220;Auction market,&#8221;\"livestock auction market,&#8221;\"livestock sales\nring,&#8221;\"livestock auction,&#8221; or &#8220;livestock auction ring&#8221;\nmeans a place or establishment operated for compensation or profit as a private\nor public market, consisting of pens, or other enclosures, and their\nappurtenances, in which livestock are received, held for sale or where livestock\nis sold or offered for sale either privately or at public auction.\n\t\t&#8220;Commission merchant&#8221; means any person who (i) operates an auction\nmarket; (ii) receives farm products for sale on commission or contracts with the\nproducer for farm products sold on commission or for a fee; (iii) accepts in\ntrust from the producer for the purpose of sale; (iv) sells or offers for sale\non commission; (v) solicits consignments of any kind of farm products; or (vi)\nhandles the account of or as an agent of the producer any kind of farm products.\nNo person shall be deemed to be an agent of the producer unless a specific price\nhas been agreed upon by both parties before shipment or delivery by the producer\nfor resale.\n\t\t&#8220;Commission merchant&#8221;does not include (i) any cooperative\ncorporation or association that is subject to the provisions of Article 2 (\u00a7\n13.1-312 et seq.) of Chapter 3 of Title 13.1; (ii) any association or\norganization of farmers, including produce exchanges, not incorporated under or\nsubject to the provisions of Article 2 (\u00a7 13.1-312 et seq.) of Chapter 3 of\nTitle 13.1, organized and maintained by farmers for mutual help in the marketing\nof their produce and not for profit; (iii) any person buying vegetables,\nviticulture, or horticultural farm products for the purpose of reselling these\nproducts in dried, canned, or other preserved form; (iv) the sale of farm\nproduce at public auction by a licensed auctioneer, acting as the agent of\nanother to whom such farm produce is consigned; (v) the sale by sheriffs and\nother officers and fiduciaries and court officials; (vi) seed sold at retail; or\n(vii) persons licensed pursuant to the provisions under the federal Perishable\nAgricultural Commodities Act (7 U.S.C. \u00a7 499a et seq.).\n\t\t&#8220;Farm produce&#8221; or &#8220;farm products&#8221; means horticultural,\nviticulture, forestry, dairy, livestock, poultry, bee, and other products\nordinarily produced on farms.\n\t\t&#8220;Licensee&#8221; means any person who has been granted a license to\noperate, conduct, or carry on the business of a commission merchant.\n\nHISTORY: Code 1950, \u00a7 3-534; 1966, c. 702, \u00a7 3.1-692; 1975, c. 505; 1977, c.\n21; 2008, c. 860; 2025, c. 142.","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}}