{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-6023.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-6023.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-6023.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-6023.html"}],"law_id":68562,"edition_id":1,"section_id":68562,"structure_id":13570,"section_number":"3.2-6023","catch_line":"Prevention and control measures; penalty","history":"2006, c. 442, \u00a7 3.1-741.6; 2008, c. 860; 2016, c. 563.","full_text":"A\n\nThe Commissioner may adopt regulations to prevent and control avian influenza in the live-bird marketing system and is authorized to participate in the federal Live Bird Marketing Program of the U.S. Department of Agriculture, as it may be amended from time to time. In adopting such regulations, the Commissioner shall be exempt from the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and from public participation guidelines adopted pursuant thereto. The State Veterinarian and his representatives are authorized and empowered to enter the premises of any entity within the live-bird marketing system to carry out the provisions of any regulations adopted pursuant to this section. Any regulations adopted pursuant to this section shall, unless a later effective date is specified, take effect upon filing with the Registrar of Regulations, who shall publish the regulations as final regulations in the Virginia Register of Regulations, except that no requirement authorized by subsection B that a person be registered or licensed may take effect any sooner than 90 days after the promulgation date of the regulations containing such requirement, the promulgation date being the date of publication in the Virginia Register of Regulations of the final regulations containing such requirement. The regulations shall contain a preamble stating that the Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision of such regulations.B\n\nThe Commissioner shall establish by regulation a registration or licensing system to regulate the live-bird marketing system in Virginia. As a part of such registration or licensing system, the Commissioner shall register or license all persons who participate in any component of the live-bird marketing system. Such registration or licensing system may include the granting, denial, suspension, or revocation of any registration or license, including governing: (i) the grounds for granting such registration or license; and (ii) the grounds for the denial, suspension, or revocation of such registration or license.C\n\nAny person violating any regulation adopted pursuant to this section may be assessed a civil penalty by the Commissioner in an amount not to exceed $2,500 per day per violation. In determining the amount of any civil penalty, the Commissioner shall give due consideration to: (i) the history of the person&#8217;s previous violations; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the regulation after notification of the violation. Civil penalties assessed under this section shall be paid into the Livestock and Poultry Disease Fund established in &#xA7; 3.2-6045. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation. Final orders may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.).D\n\nFor the purposes of this section: (i) &#8220;live-bird marketing system&#8221; includes live-bird markets and the production and distribution units that supply live-bird markets with birds; (ii) &#8220;live-bird markets&#8221; includes any facility that receives live poultry to be resold or slaughtered and sold onsite, not including any producer or grower that prior to the sale of his own birds slaughters or processes them onsite or at an approved slaughter facility or any producer or grower that sells live birds grown exclusively on his premises and is not a &#8220;production unit&#8221; or &#8220;distribution unit&#8221; as defined herein; (iii) &#8220;production unit&#8221; includes a production facility or farm that is the origin of or participates in the production of poultry offered for sale in a live-bird market; and (iv) &#8220;distribution unit&#8221; includes a person or business such as a wholesaler, dealer, hauler, and auction market engaged in the transportation or sale of poultry within the live-bird market system.","order_by":null,"text":{"0":{"id":248185,"text":"The Commissioner may adopt regulations to prevent and control avian influenza in the live-bird marketing system and is authorized to participate in the federal Live Bird Marketing Program of the U.S. Department of Agriculture, as it may be amended from time to time. In adopting such regulations, the Commissioner shall be exempt from the Administrative Process Act (&#xA7; 2.2-4000 et seq.) and from public participation guidelines adopted pursuant thereto. The State Veterinarian and his representatives are authorized and empowered to enter the premises of any entity within the live-bird marketing system to carry out the provisions of any regulations adopted pursuant to this section. Any regulations adopted pursuant to this section shall, unless a later effective date is specified, take effect upon filing with the Registrar of Regulations, who shall publish the regulations as final regulations in the Virginia Register of Regulations, except that no requirement authorized by subsection B that a person be registered or licensed may take effect any sooner than 90 days after the promulgation date of the regulations containing such requirement, the promulgation date being the date of publication in the Virginia Register of Regulations of the final regulations containing such requirement. The regulations shall contain a preamble stating that the Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision of such regulations.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248186,"text":"The Commissioner shall establish by regulation a registration or licensing system to regulate the live-bird marketing system in Virginia. As a part of such registration or licensing system, the Commissioner shall register or license all persons who participate in any component of the live-bird marketing system. Such registration or licensing system may include the granting, denial, suspension, or revocation of any registration or license, including governing: (i) the grounds for granting such registration or license; and (ii) the grounds for the denial, suspension, or revocation of such registration or license.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248187,"text":"Any person violating any regulation adopted pursuant to this section may be assessed a civil penalty by the Commissioner in an amount not to exceed $2,500 per day per violation. In determining the amount of any civil penalty, the Commissioner shall give due consideration to: (i) the history of the person&#8217;s previous violations; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the regulation after notification of the violation. Civil penalties assessed under this section shall be paid into the Livestock and Poultry Disease Fund established in &#xA7; 3.2-6045. The Commissioner shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation. Final orders may be recorded, enforced, and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248188,"text":"For the purposes of this section: (i) &#8220;live-bird marketing system&#8221; includes live-bird markets and the production and distribution units that supply live-bird markets with birds; (ii) &#8220;live-bird markets&#8221; includes any facility that receives live poultry to be resold or slaughtered and sold onsite, not including any producer or grower that prior to the sale of his own birds slaughters or processes them onsite or at an approved slaughter facility or any producer or grower that sells live birds grown exclusively on his premises and is not a &#8220;production unit&#8221; or &#8220;distribution unit&#8221; as defined herein; (iii) &#8220;production unit&#8221; includes a production facility or farm that is the origin of or participates in the production of poultry offered for sale in a live-bird market; and (iv) &#8220;distribution unit&#8221; includes a person or business such as a wholesaler, dealer, hauler, and auction market engaged in the transportation or sale of poultry within the live-bird market system.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13570,"edition_id":1,"name":"Contagious and Infectious Diseases","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13569,"metadata":{},"date_created":"2026-06-26 03:45:17","date_modified":"2026-06-26 03:45:17","permalink":{"id":198171,"object_type":"structure","relational_id":13570,"identifier":"1","token":"3.2\/V\/60\/1","url":"\/3.2\/V\/60\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13569,"edition_id":1,"name":"Livestock and Poultry","identifier":"60","label":"chapter","depth":3,"order_by":1,"parent_id":13169,"metadata":{},"date_created":"2026-06-26 03:45:17","date_modified":"2026-06-26 03:45:17","permalink":{"id":198169,"object_type":"structure","relational_id":13569,"identifier":"60","token":"3.2\/V\/60","url":"\/3.2\/V\/60\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13169,"edition_id":1,"name":"Domestic Animals","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198133,"object_type":"structure","relational_id":13169,"identifier":"V","token":"3.2\/V","url":"\/3.2\/V\/","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":66726,"structure_id":13570,"section_number":"3.2-6000","catch_line":"Right of entry","url":"\/3.2-6000\/","token":"3.2\/V\/60\/1\/3.2-6000","metadata":false},{"id":72931,"structure_id":13570,"section_number":"3.2-6001","catch_line":"Protection of livestock and poultry","url":"\/3.2-6001\/","token":"3.2\/V\/60\/1\/3.2-6001","metadata":false},{"id":86354,"structure_id":13570,"section_number":"3.2-6002","catch_line":"Contagious and infectious diseases; prevention and eradication; presence of biological residues","url":"\/3.2-6002\/","token":"3.2\/V\/60\/1\/3.2-6002","metadata":false},{"id":56894,"structure_id":13570,"section_number":"3.2-6003","catch_line":"Duty of State Veterinarian when animals are suspected of having a contagious or infectious disease","url":"\/3.2-6003\/","token":"3.2\/V\/60\/1\/3.2-6003","metadata":false},{"id":66686,"structure_id":13570,"section_number":"3.2-6004","catch_line":"Regulation for the separation and caring for diseased animals","url":"\/3.2-6004\/","token":"3.2\/V\/60\/1\/3.2-6004","metadata":false},{"id":80796,"structure_id":13570,"section_number":"3.2-6005","catch_line":"Notice of quarantine","url":"\/3.2-6005\/","token":"3.2\/V\/60\/1\/3.2-6005","metadata":false},{"id":77938,"structure_id":13570,"section_number":"3.2-6006","catch_line":"Quarantine of individuals","url":"\/3.2-6006\/","token":"3.2\/V\/60\/1\/3.2-6006","metadata":false},{"id":66110,"structure_id":13570,"section_number":"3.2-6007","catch_line":"Domestic animals not permitted to enter or leave quarantine","url":"\/3.2-6007\/","token":"3.2\/V\/60\/1\/3.2-6007","metadata":false},{"id":63621,"structure_id":13570,"section_number":"3.2-6008","catch_line":"Disposition of quarantined animals with potential to impact livestock or poultry","url":"\/3.2-6008\/","token":"3.2\/V\/60\/1\/3.2-6008","metadata":false},{"id":56982,"structure_id":13570,"section_number":"3.2-6009","catch_line":"Euthanasia or slaughter of livestock or poultry by owner","url":"\/3.2-6009\/","token":"3.2\/V\/60\/1\/3.2-6009","metadata":false},{"id":62531,"structure_id":13570,"section_number":"3.2-6010","catch_line":"Proclamation prohibiting animal importation; required tests","url":"\/3.2-6010\/","token":"3.2\/V\/60\/1\/3.2-6010","metadata":false},{"id":54532,"structure_id":13570,"section_number":"3.2-6011","catch_line":"Bringing animals infected with disease into the Commonwealth, or in violation of order or regulation; disinfecting transport vehicles","url":"\/3.2-6011\/","token":"3.2\/V\/60\/1\/3.2-6011","metadata":false},{"id":62761,"structure_id":13570,"section_number":"3.2-6012","catch_line":"Duty of operators of stockyards and poultry slaughter facilities","url":"\/3.2-6012\/","token":"3.2\/V\/60\/1\/3.2-6012","metadata":false},{"id":83731,"structure_id":13570,"section_number":"3.2-6013","catch_line":"Duty of officers to execute orders of the Commissioner, Board, or State Veterinarian","url":"\/3.2-6013\/","token":"3.2\/V\/60\/1\/3.2-6013","metadata":false},{"id":59159,"structure_id":13570,"section_number":"3.2-6014","catch_line":"Circuit court judges may enforce orders of Commissioner, Board, or State Veterinarian","url":"\/3.2-6014\/","token":"3.2\/V\/60\/1\/3.2-6014","metadata":false},{"id":62955,"structure_id":13570,"section_number":"3.2-6015","catch_line":"Cooperation with U.S. Department of Agriculture to prevent contagious or infectious diseases","url":"\/3.2-6015\/","token":"3.2\/V\/60\/1\/3.2-6015","metadata":false},{"id":57711,"structure_id":13570,"section_number":"3.2-6016","catch_line":"Altering disease control identification of livestock or poultry","url":"\/3.2-6016\/","token":"3.2\/V\/60\/1\/3.2-6016","metadata":false},{"id":61561,"structure_id":13570,"section_number":"3.2-6017","catch_line":"Unlawful to possess anthrax or non-inactivated classical swine fever virus without permission; report; testing of biologicals for use in livestock or poultry; rules for biologicals","url":"\/3.2-6017\/","token":"3.2\/V\/60\/1\/3.2-6017","metadata":false},{"id":67601,"structure_id":13570,"section_number":"3.2-6018","catch_line":"Repealed","url":"\/3.2-6018\/","token":"3.2\/V\/60\/1\/3.2-6018","metadata":false},{"id":76540,"structure_id":13570,"section_number":"3.2-6019","catch_line":"Liability for damages","url":"\/3.2-6019\/","token":"3.2\/V\/60\/1\/3.2-6019","metadata":false},{"id":57118,"structure_id":13570,"section_number":"3.2-6020","catch_line":"Appraisement of condemned cattle","url":"\/3.2-6020\/","token":"3.2\/V\/60\/1\/3.2-6020","metadata":false},{"id":64829,"structure_id":13570,"section_number":"3.2-6021","catch_line":"Additional compensation to owners of euthanized or slaughtered animals; liability of purchaser of condemned animal","url":"\/3.2-6021\/","token":"3.2\/V\/60\/1\/3.2-6021","metadata":false},{"id":73705,"structure_id":13570,"section_number":"3.2-6022","catch_line":"Indemnity to owner for the euthanasia or slaughter of swine","url":"\/3.2-6022\/","token":"3.2\/V\/60\/1\/3.2-6022","metadata":false},{"id":68562,"structure_id":13570,"section_number":"3.2-6023","catch_line":"Prevention and control measures; penalty","url":"\/3.2-6023\/","token":"3.2\/V\/60\/1\/3.2-6023","metadata":false}],"previous_section":{"id":73705,"structure_id":13570,"section_number":"3.2-6022","catch_line":"Indemnity to owner for the euthanasia or slaughter of swine","url":"\/3.2-6022\/","token":"3.2\/V\/60\/1\/3.2-6022","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-6023\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0442\">442<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 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 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0563\">563<\/a>.<\/p>","references":[{"id":85075,"section_number":"3.2-6044","catch_line":"Civil penalty","order_by":null,"url":"\/3.2-6044\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":79798,"section_number":"3.2-6045","catch_line":"Livestock and Poultry Disease Fund","order_by":null,"url":"\/3.2-6045\/"}],"permalink":{"id":198265,"object_type":"law","relational_id":68562,"identifier":"3.2-6023","token":"3.2\/V\/60\/1\/3.2-6023","url":"\/3.2-6023\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-6023\/","token":"3.2\/V\/60\/1\/3.2-6023","dublin_core":{"Title":"Prevention and control measures; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-6023","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Commissioner<\/span> may adopt regulations to prevent and control avian influenza in the <span class=\"dictionary\">live-bird marketing system<\/span> and is authorized to participate in the federal Live Bird Marketing Program of the U.S. <span class=\"dictionary\">Department<\/span> of Agriculture, as it may be amended from time to time. In adopting such regulations, the <span class=\"dictionary\">Commissioner<\/span> shall be exempt from the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.) and from public participation guidelines adopted pursuant thereto. The <span class=\"dictionary\">State Veterinarian<\/span> and his representatives are authorized and empowered to enter the premises of any entity within the <span class=\"dictionary\">live-bird marketing system<\/span> to carry out the provisions of any regulations adopted pursuant to this section. Any regulations adopted pursuant to this section shall, unless a later effective date is specified, take effect upon filing with the Registrar of Regulations, who shall publish the regulations as final regulations in the Virginia Register of Regulations, except that no requirement authorized by subsection B that a person be registered or licensed may take effect any sooner than 90 days after the promulgation date of the regulations containing such requirement, the promulgation date being the date of publication in the Virginia Register of Regulations of the final regulations containing such requirement. The regulations shall contain a preamble stating that the <span class=\"dictionary\">Board<\/span> will receive, consider, and respond to <span class=\"dictionary\">petitions<\/span> by any interested person at any time with respect to reconsideration or revision of such regulations. <a id=\"paragraph-248185\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6023\/#A\"><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> The <span class=\"dictionary\">Commissioner<\/span> shall establish by regulation a registration or licensing system to regulate the <span class=\"dictionary\">live-bird marketing system<\/span> in Virginia. As a part of such registration or licensing system, the <span class=\"dictionary\">Commissioner<\/span> shall register or license all persons who participate in any component of the <span class=\"dictionary\">live-bird marketing system<\/span>. Such registration or licensing system may include the granting, denial, suspension, or <span class=\"dictionary\">revocation<\/span> of any registration or license, including governing: (i) the grounds for granting such registration or license; and (ii) the grounds for the denial, suspension, or <span class=\"dictionary\">revocation<\/span> of such registration or license. <a id=\"paragraph-248186\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6023\/#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> Any person violating any regulation adopted pursuant to this section may be assessed a civil <span class=\"dictionary\">penalty<\/span> by the <span class=\"dictionary\">Commissioner<\/span> in an amount not to exceed $2,500 per day per violation. In determining the amount of any civil <span class=\"dictionary\">penalty<\/span>, the <span class=\"dictionary\">Commissioner<\/span> shall give due consideration to: (i) the history of the person&#8217;s previous violations; (ii) the seriousness of the violation; and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the regulation after notification of the violation. Civil penalties assessed under this section shall be paid into the <span class=\"dictionary\">Livestock<\/span> and <span class=\"dictionary\">Poultry<\/span> Disease Fund established in &#xA7; <a class=\"law\" title=\"Livestock and Poultry Disease Fund\" href=\"\/3.2-6045\/\">3.2-6045<\/a>. The <span class=\"dictionary\">Commissioner<\/span> shall prescribe procedures for payment of uncontested penalties. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a <span class=\"dictionary\">penalty<\/span> or negotiated sum in lieu of such <span class=\"dictionary\">penalty<\/span> without admission of civil liability arising from such alleged violation. <span class=\"dictionary\">Final orders<\/span> may be recorded, enforced, and satisfied as orders or <span class=\"dictionary\">decrees<\/span> of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> upon certification of such orders by the <span class=\"dictionary\">Commissioner<\/span>. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.). <a id=\"paragraph-248187\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6023\/#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> For the purposes of this section: (i) &#8220;<span class=\"dictionary\">live-bird marketing system<\/span>&#8221; includes <span class=\"dictionary\">live-bird markets<\/span> and the production and <span class=\"dictionary\">distribution units<\/span> that supply <span class=\"dictionary\">live-bird markets<\/span> with birds; (ii) &#8220;<span class=\"dictionary\">live-bird markets<\/span>&#8221; includes any facility that receives live <span class=\"dictionary\">poultry<\/span> to be resold or slaughtered and sold onsite, not including any producer or grower that prior to the sale of his own birds slaughters or processes them onsite or at an approved slaughter facility or any producer or grower that sells live birds grown exclusively on his premises and is not a &#8220;<span class=\"dictionary\">production unit<\/span>&#8221; or &#8220;<span class=\"dictionary\">distribution unit<\/span>&#8221; as defined herein; (iii) &#8220;<span class=\"dictionary\">production unit<\/span>&#8221; includes a production facility or farm that is the origin of or participates in the production of <span class=\"dictionary\">poultry<\/span> offered for sale in a live-bird market; and (iv) &#8220;<span class=\"dictionary\">distribution unit<\/span>&#8221; includes a person or business such as a wholesaler, dealer, hauler, and auction market engaged in the transportation or sale of <span class=\"dictionary\">poultry<\/span> within the live-bird market system. <a id=\"paragraph-248188\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-6023\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPREVENTION AND CONTROL MEASURES; PENALTY (\u00a7 3.2-6023)\n\nA. The Commissioner may adopt regulations to prevent and control avian influenza\nin the live-bird marketing system and is authorized to participate in the\nfederal Live Bird Marketing Program of the U.S. Department of Agriculture, as it\nmay be amended from time to time. In adopting such regulations, the Commissioner\nshall be exempt from the Administrative Process Act (&#xA7; 2.2-4000 et seq.)\nand from public participation guidelines adopted pursuant thereto. The State\nVeterinarian and his representatives are authorized and empowered to enter the\npremises of any entity within the live-bird marketing system to carry out the\nprovisions of any regulations adopted pursuant to this section. Any regulations\nadopted pursuant to this section shall, unless a later effective date is\nspecified, take effect upon filing with the Registrar of Regulations, who shall\npublish the regulations as final regulations in the Virginia Register of\nRegulations, except that no requirement authorized by subsection B that a person\nbe registered or licensed may take effect any sooner than 90 days after the\npromulgation date of the regulations containing such requirement, the\npromulgation date being the date of publication in the Virginia Register of\nRegulations of the final regulations containing such requirement. The\nregulations shall contain a preamble stating that the Board will receive,\nconsider, and respond to petitions by any interested person at any time with\nrespect to reconsideration or revision of such regulations.\n\nB. The Commissioner shall establish by regulation a registration or licensing\nsystem to regulate the live-bird marketing system in Virginia. As a part of such\nregistration or licensing system, the Commissioner shall register or license all\npersons who participate in any component of the live-bird marketing system. Such\nregistration or licensing system may include the granting, denial, suspension,\nor revocation of any registration or license, including governing: (i) the\ngrounds for granting such registration or license; and (ii) the grounds for the\ndenial, suspension, or revocation of such registration or license.\n\nC. Any person violating any regulation adopted pursuant to this section may be\nassessed a civil penalty by the Commissioner in an amount not to exceed $2,500\nper day per violation. In determining the amount of any civil penalty, the\nCommissioner shall give due consideration to: (i) the history of the\nperson&#8217;s previous violations; (ii) the seriousness of the violation; and\n(iii) the demonstrated good faith of the person charged in attempting to achieve\ncompliance with the regulation after notification of the violation. Civil\npenalties assessed under this section shall be paid into the Livestock and\nPoultry Disease Fund established in &#xA7; 3.2-6045. The Commissioner shall\nprescribe procedures for payment of uncontested penalties. The procedure shall\ninclude provisions for a person to consent to abatement of the alleged violation\nand pay a penalty or negotiated sum in lieu of such penalty without admission of\ncivil liability arising from such alleged violation. Final orders may be\nrecorded, enforced, and satisfied as orders or decrees of a circuit court upon\ncertification of such orders by the Commissioner. Such orders may be appealed in\naccordance with the provisions of the Administrative Process Act (&#xA7;\n2.2-4000 et seq.).\n\nD. For the purposes of this section: (i) &#8220;live-bird marketing\nsystem&#8221; includes live-bird markets and the production and distribution\nunits that supply live-bird markets with birds; (ii) &#8220;live-bird\nmarkets&#8221; includes any facility that receives live poultry to be resold or\nslaughtered and sold onsite, not including any producer or grower that prior to\nthe sale of his own birds slaughters or processes them onsite or at an approved\nslaughter facility or any producer or grower that sells live birds grown\nexclusively on his premises and is not a &#8220;production unit&#8221; or\n&#8220;distribution unit&#8221; as defined herein; (iii) &#8220;production\nunit&#8221; includes a production facility or farm that is the origin of or\nparticipates in the production of poultry offered for sale in a live-bird\nmarket; and (iv) &#8220;distribution unit&#8221; includes a person or business\nsuch as a wholesaler, dealer, hauler, and auction market engaged in the\ntransportation or sale of poultry within the live-bird market system.\n\nHISTORY: 2006, c. 442, \u00a7 3.1-741.6; 2008, c. 860; 2016, c. 563.","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}}