As used in this chapter, unless the context requires a different meaning: “Dealer” means any person that acquires nursery stock for the purpose of resale and distribution who is not a grower of nursery stock. “Inspection certificate” means a document in any form issued by the Commissioner, or the appropriate official from another state, declaring […]
A. The Commissioner shall: 1. Protect the agricultural, horticultural, and other interests of the Commonwealth from plant pests; and 2. Promptly credit all moneys collected by him as repayment to the fund in the state treasury to which such moneys are owed. B. The Commissioner may enter into reciprocal agreements with officers of other states […]
It is unlawful to sell, barter, offer for sale, move, transport, deliver, ship, or offer for shipment any plant pests without a permit from the Commissioner stating that such plant pests are: (i) not injurious; (ii) generally present already; or (iii) to be used for scientific purposes subject to specified safeguards. Code 1950, § 3-178.14; […]
A. It is unlawful for any nurseryman or dealer to offer for sale, sell, deliver, or give away nursery stock unless such person shall have first procured a license from the Commissioner. B. The Commissioner shall not issue any license to a dealer except upon the payment of $25 for each separate sales location. Any […]
A. It is unlawful to knowingly deliver, send, ship, or transport nursery stock within or into the Commonwealth without an inspection certificate clearly attached to each carload, truckload, box, bale, or package. B. Nursery stock brought into the Commonwealth under an inspection certificate may be sold and moved by a licensed nurseryman or dealer or […]
Any person may apply to the Commissioner for an inspection certificate. The applicant shall agree to pay the expenses incurred by the Commissioner, who may respond to the applicant at his discretion. The Commissioner shall issue an inspection certificate upon successful completion of the inspection and the payment of inspection expenses. Code 1950, § 3-178.13; […]
A. All nursery stock or plant products for sale or distribution shall be subject to inspection at any time. B. The Commissioner may enter any nursery or dealer premises, other than a private dwelling, at reasonable times and under reasonable circumstances to examine nursery stock or plant products for sale or distribution to detect plant […]
The Commissioner may order the owner or custodian of any infested nursery stock or plant products for sale or distribution to take eradication and control measures. The owner or custodian shall promptly carry out the order of the Commissioner. The Commissioner may take the eradication or control measures required by the order if the owner […]
A. The Commissioner may stop delivery, stop sale, treat, or order returned to point of origin any nursery stock or plant products for sale or distribution if he finds: (i) a plant pest infection; or (ii) the exhibition of visual symptoms of a plant pest infestation. B. The Commissioner may stop delivery or stop sale […]
Any nursery stock or plant products for sale or distribution shall be subject to seizure on complaint of the Commissioner to the appropriate court. If the court finds the nursery stock or plant products for sale or distribution to be in violation of this chapter and orders condemnation, such nursery stock or plant products shall […]
A. The Commissioner may refuse, suspend, or cancel any license upon satisfactory evidence that the applicant or licensee has violated any of the provisions of this chapter or regulations adopted hereunder. B. Any person violating any of the provisions of this chapter or regulations adopted hereunder or interfering in any way with the Commissioner in […]
Judicial review of any action of the Board or the Commissioner shall be in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). 1980, c. 291, § 3.1-188.49; 2008, c. 860.
