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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69243</law_id><section_number>3.2-4709</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>18.2-145.1</reference><reference>46.2-1129</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="3.2">Agriculture, Animal Care, and Food</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Production and Sale of Agricultural Products</unit><unit label="chapter" level="3" order_by="1" identifier="47">Sale of Farm Produce</unit><unit label="article" level="4" order_by="1" identifier="2">Commission Merchants</unit></structure><text>
						<section><p>As used in this article, unless the context requires a different meaning:
		&#x201C;Auction market,&#x201D;"livestock auction market,&#x201D;"livestock sales ring,&#x201D;"livestock auction,&#x201D; or &#x201C;<span class="dictionary">livestock auction ring</span>&#x201D; 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.
		&#x201C;<span class="dictionary">Commission merchant</span>&#x201D; 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.
		&#x201C;<span class="dictionary">Commission merchant</span>&#x201D;does not include (i) any cooperative corporation or association that is subject to the provisions of Article 2 (&#xA7;&#xA0;<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 (&#xA7;&#xA0;<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. &#xA7;&#xA0;499a et seq.).
		&#x201C;<span class="dictionary">Farm produce</span>&#x201D; or &#x201C;<span class="dictionary">farm products</span>&#x201D; means horticultural, viticulture, forestry, dairy, livestock, poultry, bee, and other products ordinarily produced on farms.
		&#x201C;<span class="dictionary">Licensee</span>&#x201D; 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></text><history>Code 1950, &#xA7; 3-534; 1966, c. 702, &#xA7; 3.1-692; 1975, c. 505; 1977, c. 21; 2008, c. 860; 2025, c. 142.</history><metadata></metadata></law>
