                                 CODE OF VIRGINIA

GENERAL POWERS AND DUTIES OF THE COMMISSIONER (§ 3.2-102)

A. The Commissioner shall be vested with the powers and duties set out in &#xA7;
2.2-601, the powers and duties herein provided, and such other powers and duties
as may be prescribed by law, including those prescribed in Title 59.1. He shall
be the executive officer of the Board, and shall see that its orders are carried
out. He shall see to the proper execution of laws relating to the Department.
Unless the Governor expressly reserves such power to himself, the Commissioner
shall promote, protect, and develop the agricultural interests of the
Commonwealth. The Commissioner shall develop, implement, and maintain programs
within the Department including those that promote the development and marketing
of the Commonwealth&#8217;s agricultural products in domestic and international
markets, including promotions, market development and research, marketing
assistance, market information, and product grading and certification; promote
the creation of new agribusiness including new crops, biotechnology and new uses
of agricultural products, and the expansion of existing agribusiness within the
Commonwealth; develop, promote, and maintain consumer protection programs that
protect the safety and quality of the Commonwealth&#8217;s food supply through
food and dairy inspection activities, industry and consumer education, and
information on food safety; work with other state agencies to preserve the
Commonwealth&#8217;s agricultural lands; ensure animal health and protect the
Commonwealth&#8217;s livestock industries through disease control and
surveillance, maintaining animal health diagnostic laboratories, and encouraging
the humane treatment and care of animals; protect public health and the
environment through regulation and proper handling of pesticides, agricultural
stewardship, and protection of endangered plant and insect species; protect crop
and plant health and productivity; ensure consumer protection and fair trade
practices in commerce; develop plans and emergency response protocols to protect
the agriculture industry from bioterrorism, plant and animal diseases, and
agricultural pests; assist as directed by the Governor in the
Commonwealth&#8217;s response to natural disasters; develop and implement
programs and inspection activities to ensure that the Commonwealth&#8217;s
agricultural products move freely in trade domestically and internationally; and
enter into agreements with federal, state, and local governments, land grant
universities, and other organizations that include marketing, plant protection,
pest control, pesticides, and meat and poultry inspection.

B. In addition, the Commissioner shall:

   1. Establish and maintain a farm-to-school website. The purpose of the website
   shall be to facilitate and promote the purchase of Virginia farm products by
   schools, universities, and other educational institutions under the
   jurisdiction of the State Department of Education. The website shall present
   such current information as the availability of Virginia farm products,
   including the types and amount of products, and the names of and contact
   information for farmers, farm organizations, and businesses marketing such
   products;

   2. Establish and operate a nonprofit, nonstock corporation under Chapter 10
   (&#xA7; 13.1-801 et seq.) of Title 13.1 as a public instrumentality exercising
   public and essential governmental functions to promote, develop, and sustain
   markets for licensed Virginia wineries and farm wineries, as defined in &#xA7;
   4.1-100. Such corporation shall provide wholesale wine distribution services
   for wineries and farm wineries licensed in accordance with &#xA7; 4.1-206.1.
   The board of directors of such corporation shall be composed of the
   Commissioner and four members appointed by the Board, including one owner or
   manager of a winery or farm winery licensee that is not served by a wholesaler
   when the owner or manager is appointed to the board; one owner or manager of a
   winery or farm winery licensee that produces no more than 10,000 cases per
   year; and two owners or managers of wine wholesaler licensees. In making
   appointments to the board of directors, the Board shall consider nominations
   of winery and farm winery licensees submitted by the Virginia Wineries
   Association and wine wholesale licensees submitted by the Virginia Wine
   Wholesalers Association. The Commissioner shall require such corporation to
   report to him at least annually on its activities, including reporting the
   quantity of wine distributed for each winery and farm winery during the
   preceding year. The provisions of the Virginia Public Procurement Act (&#xA7;
   2.2-4300 et seq.) shall not apply to the establishment of such corporation nor
   to the exercise of any of its powers granted under this section;

   3. Establish and operate a nonprofit, nonstock corporation under Chapter 10
   (&#xA7; 13.1-801 et seq.) of Title 13.1 as a public instrumentality exercising
   public and essential governmental functions to promote, develop, and sustain
   markets for Virginia breweries and limited breweries. Such corporation shall
   provide wholesale beer distribution services for Virginia breweries and
   limited breweries licensed in accordance with &#xA7; 4.1-206.1. The board of
   directors of such corporation shall be composed of the Commissioner and four
   members appointed by the Board, (i) two of whom shall be an owner or manager
   of a Virginia beer wholesale licensee, (ii) one of whom shall be an owner or
   manager of a brewery or limited brewery licensee, and (iii) one of whom shall
   be an owner or manager of a brewery or limited brewery licensee that is not
   served by a wholesaler at the time such owner or manager is appointed to the
   board of directors. In making appointments to the board of directors, the
   Board shall consider nominations submitted by the Virginia Beer Wholesalers
   Association regarding members listed in clause (i) and nominations submitted
   by the Virginia Craft Brewers Guild regarding members listed in clauses (ii)
   and (iii). At least annually, such corporation shall be required to report to
   the Commissioner on its activities, including reporting the quantity of beer
   distributed for each brewery or limited brewery licensee during the preceding
   year. The Commissioner shall report such information to the General Assembly.
   The provisions of the Virginia Public Procurement Act (&#xA7; 2.2-4300 et
   seq.) shall not apply to the establishment of such corporation nor to the
   exercise of any of its powers granted under this section;

   4. Promulgate regulations in accordance with the Administrative Process Act
   (&#xA7; 2.2-4000 et seq.) not inconsistent with the laws of Virginia necessary
   to carry out the provisions of Article 1.1:1 (&#xA7; 18.2-340.15 et seq.) of
   Chapter 8 of Title 18.2. Such regulations may include penalties for
   violations; and

   5. Ensure that the Department compiles and publishes the annual report
   relating to foreign adversary ownership of agricultural land required under
   &#xA7; 55.1-509.

HISTORY: Code 1950, §§ 3-7, 3-9, 3-13; 1966, c. 702, §§ 3.1-8, 3.1-10,
3.1-14; 1971, Ex. Sess., c. 34; 1975, c. 260; 1977, c. 186; 1978, cc. 219, 540;
1982, c. 150; 1985, c. 397; 1993, c. 455; 1994, cc. 261, 370; 1995, c. 10; 1996,
c. 996; 2005, c. 633; 2007, cc. 352, 870, 932, §§ 3.1-14.4, 3.1-14.01; 2008,
c. 860; 2012, cc. 803, 835; 2020, cc. 1113, 1114; 2022, cc. 554, 609; 2023, cc.
597, 765, 796; 2024, cc. 10, 146.