{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-802.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-802.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-802.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-802.html"}],"law_id":59545,"edition_id":1,"section_id":59545,"structure_id":13209,"section_number":"3.2-802","catch_line":"Powers and duties of Board; quarantine","history":"1970, c. 175, \u00a7 3.1-296.14; 2008, c. 860; 2016, c. 171; 2023, c. 153.","full_text":"A\n\nThe Board shall establish by regulation, after a public hearing, those weeds deemed to be noxious weeds not otherwise so declared by the terms of this chapter. Prior to designating a living plant or part thereof as a noxious weed, the Board shall review the recommendations of an advisory committee established by the Commissioner to conduct a scientific risk assessment of the proposed plant. The assessment shall include the degree to which the plant is detrimental to crops; surface waters, including lakes; other desirable plants; livestock; land or other property; public health; the environment; and the economy. The advisory committee shall also include in its recommendations to the Board an analysis of the current and potential in-state commercial viability of the specific plant species and the economic impact on industries affected by the designation of the plant as a noxious weed.B\n\nThe Board may establish a statewide quarantine and adopt regulations pertaining to regulated articles and conditions governing movement, under which the Commissioner shall proceed to eradicate or suppress and prevent the dissemination of noxious weeds in the Commonwealth, and shall adopt other regulations as are necessary to carry out the purpose of this chapter. The Board may adopt regulations governing the conditions under which a permit is required to move, transport, deliver, ship, offer for shipment, sell, or offer for sale into or within the Commonwealth any noxious weed or part thereof. The Board may adopt regulations governing the movement of regulated articles entering the Commonwealth from without. Following the establishment of a quarantine, no person shall move any noxious weed or any regulated article described in the quarantine from any regulated area without a valid permit or certificate, if required.\n\t\t\tSubsequent to the declaration of a quarantine by the Board, the Commissioner shall limit the application of the regulations pertinent to such quarantine to the infested portion of the Commonwealth and appropriate environs, which would be known as the regulated area and may, without further hearing, extend the regulated area to include additional portions of the Commonwealth upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned.C\n\nThe Board shall develop and adopt regulations requiring tradespersons involved with proposing or installing plants to provide written notification to property owners for all plants proposed for installation that are included on the list of invasive plants established in § 10.1-104.6:2.","order_by":null,"text":{"0":{"id":218125,"text":"The Board shall establish by regulation, after a public hearing, those weeds deemed to be noxious weeds not otherwise so declared by the terms of this chapter. Prior to designating a living plant or part thereof as a noxious weed, the Board shall review the recommendations of an advisory committee established by the Commissioner to conduct a scientific risk assessment of the proposed plant. The assessment shall include the degree to which the plant is detrimental to crops; surface waters, including lakes; other desirable plants; livestock; land or other property; public health; the environment; and the economy. The advisory committee shall also include in its recommendations to the Board an analysis of the current and potential in-state commercial viability of the specific plant species and the economic impact on industries affected by the designation of the plant as a noxious weed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218126,"text":"The Board may establish a statewide quarantine and adopt regulations pertaining to regulated articles and conditions governing movement, under which the Commissioner shall proceed to eradicate or suppress and prevent the dissemination of noxious weeds in the Commonwealth, and shall adopt other regulations as are necessary to carry out the purpose of this chapter. The Board may adopt regulations governing the conditions under which a permit is required to move, transport, deliver, ship, offer for shipment, sell, or offer for sale into or within the Commonwealth any noxious weed or part thereof. The Board may adopt regulations governing the movement of regulated articles entering the Commonwealth from without. Following the establishment of a quarantine, no person shall move any noxious weed or any regulated article described in the quarantine from any regulated area without a valid permit or certificate, if required.\n\t\t\tSubsequent to the declaration of a quarantine by the Board, the Commissioner shall limit the application of the regulations pertinent to such quarantine to the infested portion of the Commonwealth and appropriate environs, which would be known as the regulated area and may, without further hearing, extend the regulated area to include additional portions of the Commonwealth upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218127,"text":"The Board shall develop and adopt regulations requiring tradespersons involved with proposing or installing plants to provide written notification to property owners for all plants proposed for installation that are included on the list of invasive plants established in § 10.1-104.6:2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13209,"edition_id":1,"name":"Noxious Weeds","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":13126,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":194307,"object_type":"structure","relational_id":13209,"identifier":"8","token":"3.2\/I\/8","url":"\/3.2\/I\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13126,"edition_id":1,"name":"General Provisions; Protection and Promotion of Agriculture","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":193941,"object_type":"structure","relational_id":13126,"identifier":"I","token":"3.2\/I","url":"\/3.2\/I\/","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":57067,"structure_id":13209,"section_number":"3.2-800","catch_line":"Definitions","url":"\/3.2-800\/","token":"3.2\/I\/8\/3.2-800","metadata":false},{"id":55279,"structure_id":13209,"section_number":"3.2-801","catch_line":"Powers and duties of Commissioner","url":"\/3.2-801\/","token":"3.2\/I\/8\/3.2-801","metadata":false},{"id":59545,"structure_id":13209,"section_number":"3.2-802","catch_line":"Powers and duties of Board; quarantine","url":"\/3.2-802\/","token":"3.2\/I\/8\/3.2-802","metadata":false},{"id":55102,"structure_id":13209,"section_number":"3.2-803","catch_line":"Cost of controlling noxious weeds","url":"\/3.2-803\/","token":"3.2\/I\/8\/3.2-803","metadata":false},{"id":54218,"structure_id":13209,"section_number":"3.2-804","catch_line":"Prohibited acts; noxious weeds","url":"\/3.2-804\/","token":"3.2\/I\/8\/3.2-804","metadata":false},{"id":58426,"structure_id":13209,"section_number":"3.2-805","catch_line":"Authority to stop sale or delivery of noxious weeds","url":"\/3.2-805\/","token":"3.2\/I\/8\/3.2-805","metadata":false},{"id":80002,"structure_id":13209,"section_number":"3.2-806","catch_line":"Access to plants or plant products; state and local police cooperation upon request","url":"\/3.2-806\/","token":"3.2\/I\/8\/3.2-806","metadata":false},{"id":83667,"structure_id":13209,"section_number":"3.2-807","catch_line":"Inspection of premises and conveyances","url":"\/3.2-807\/","token":"3.2\/I\/8\/3.2-807","metadata":false},{"id":59047,"structure_id":13209,"section_number":"3.2-808","catch_line":"Injunctions","url":"\/3.2-808\/","token":"3.2\/I\/8\/3.2-808","metadata":false},{"id":85519,"structure_id":13209,"section_number":"3.2-809","catch_line":"Penalty for violation","url":"\/3.2-809\/","token":"3.2\/I\/8\/3.2-809","metadata":false}],"previous_section":{"id":55279,"structure_id":13209,"section_number":"3.2-801","catch_line":"Powers and duties of Commissioner","url":"\/3.2-801\/","token":"3.2\/I\/8\/3.2-801","metadata":false},"next_section":{"id":55102,"structure_id":13209,"section_number":"3.2-803","catch_line":"Cost of controlling noxious weeds","url":"\/3.2-803\/","token":"3.2\/I\/8\/3.2-803","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-802\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 175 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. Unfortunately, the 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 860<\/a>; in 2016, chapter 171<\/a>; in 2023, chapter 153<\/a>.<\/p>","references":[{"id":55279,"section_number":"3.2-801","catch_line":"Powers and duties of Commissioner","order_by":null,"url":"\/3.2-801\/"},{"id":54218,"section_number":"3.2-804","catch_line":"Prohibited acts; noxious weeds","order_by":null,"url":"\/3.2-804\/"}],"refers_to":[{"id":63217,"section_number":"10.1-104.6:2","catch_line":"Invasive plant species","order_by":null,"url":"\/10.1-104.6_2\/"}],"permalink":{"id":194317,"object_type":"law","relational_id":59545,"identifier":"3.2-802","token":"3.2\/I\/8\/3.2-802","url":"\/3.2-802\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-802\/","token":"3.2\/I\/8\/3.2-802","dublin_core":{"Title":"Powers and duties of Board; quarantine","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-802","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall establish by regulation, after a public hearing<\/span>, those weeds deemed to be noxious weeds<\/span> not otherwise so declared by the terms of this chapter. Prior to designating a living plant or part thereof as a noxious weed<\/span>, the Board<\/span> shall review the recommendations of an advisory committee established by the Commissioner<\/span> to conduct a scientific risk assessment of the proposed plant. The assessment shall include the degree to which the plant is detrimental to crops; surface waters, including lakes; other desirable plants; livestock; land or other property; public health; the environment; and the economy. The advisory committee shall also include in its recommendations to the Board<\/span> an analysis of the current and potential in-state commercial viability of the specific plant species and the economic impact on industries affected by the designation of the plant as a noxious weed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may establish a statewide quarantine<\/span> and adopt regulations pertaining to regulated articles<\/span> and conditions governing movement, under which the Commissioner<\/span> shall proceed to eradicate or suppress<\/span> and prevent the dissemination of noxious weeds<\/span> in the Commonwealth, and shall adopt other regulations as are necessary to carry out the purpose of this chapter. The Board<\/span> may adopt regulations governing the conditions under which a permit<\/span> is required to move<\/span>, transport, deliver, ship, offer for shipment, sell, or offer for sale into or within the Commonwealth any noxious weed<\/span> or part thereof. The Board<\/span> may adopt regulations governing the movement of regulated articles<\/span> entering the Commonwealth from without. Following the establishment of a quarantine<\/span>, no person<\/span> shall move<\/span> any noxious weed<\/span> or any regulated article<\/span> described in the quarantine<\/span> from any regulated area without a valid permit<\/span> or certificate<\/span>, if required.\n\t\t\tSubsequent to the declaration of a quarantine<\/span> by the Board<\/span>, the Commissioner<\/span> shall limit the application of the regulations pertinent to such quarantine<\/span> to the infested<\/span> portion of the Commonwealth and appropriate environs, which would be known as the regulated area and may, without further hearing<\/span>, extend the regulated area to include additional portions of the Commonwealth upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall develop and adopt regulations requiring tradespersons involved with proposing or installing plants to provide written notification to property owners for all plants proposed for installation that are included on the list of invasive plants established in § 10.1-104.6:2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARD; QUARANTINE (\u00a7 3.2-802)\n\nA. The Board shall establish by regulation, after a public hearing, those weeds\ndeemed to be noxious weeds not otherwise so declared by the terms of this\nchapter. Prior to designating a living plant or part thereof as a noxious weed,\nthe Board shall review the recommendations of an advisory committee established\nby the Commissioner to conduct a scientific risk assessment of the proposed\nplant. The assessment shall include the degree to which the plant is detrimental\nto crops; surface waters, including lakes; other desirable plants; livestock;\nland or other property; public health; the environment; and the economy. The\nadvisory committee shall also include in its recommendations to the Board an\nanalysis of the current and potential in-state commercial viability of the\nspecific plant species and the economic impact on industries affected by the\ndesignation of the plant as a noxious weed.\n\nB. The Board may establish a statewide quarantine and adopt regulations\npertaining to regulated articles and conditions governing movement, under which\nthe Commissioner shall proceed to eradicate or suppress and prevent the\ndissemination of noxious weeds in the Commonwealth, and shall adopt other\nregulations as are necessary to carry out the purpose of this chapter. The Board\nmay adopt regulations governing the conditions under which a permit is required\nto move, transport, deliver, ship, offer for shipment, sell, or offer for sale\ninto or within the Commonwealth any noxious weed or part thereof. The Board may\nadopt regulations governing the movement of regulated articles entering the\nCommonwealth from without. Following the establishment of a quarantine, no\nperson shall move any noxious weed or any regulated article described in the\nquarantine from any regulated area without a valid permit or certificate, if\nrequired.\n\t\t\tSubsequent to the declaration of a quarantine by the Board, the Commissioner\nshall limit the application of the regulations pertinent to such quarantine to\nthe infested portion of the Commonwealth and appropriate environs, which would\nbe known as the regulated area and may, without further hearing, extend the\nregulated area to include additional portions of the Commonwealth upon\npublication of a notice to that effect in a newspaper distributed in the\nextended area or by direct written notice to those concerned.\n\nC. The Board shall develop and adopt regulations requiring tradespersons\ninvolved with proposing or installing plants to provide written notification to\nproperty owners for all plants proposed for installation that are included on\nthe list of invasive plants established in § 10.1-104.6:2.\n\nHISTORY: 1970, c. 175, \u00a7 3.1-296.14; 2008, c. 860; 2016, c. 171; 2023, c. 153.","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}}