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Virginia Shipping Requirements for Package Bees and QueensDoc ID: 2552
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Shipping Requirements for Package Bees and Queens
Transport of honey bees into the Commonwealth of Virginia that are in non-compliance with Virginia law is prohibited. The Virginia Department of Agriculture and Consumer Services requires that all package and queen bees consigned to locations in Virginia must meet the following shipping conditions:
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A CERTIFICATE OF HEALTH must be issued by the state of origin to the package or queen bee producer declaring the parent apiary apparently free from contagious bee diseases within 60 days prior to shipment of any package or queen bees. Bee diseases are defined in the Code of Virginia, §3.2-4400, as a departure from a sound state of health of bees characterized by visible symptoms and shall include American foulbrood caused by Bacillus larvae, Small hive beetle, and any other diseases, insects, mites or other bee pests. A copy of proof of inspection and certification or declaration of disease-free status must be included with each shipment. Shipment into the Commonwealth of Virginia of package or queen bees that originate from an apiary exhibiting an American foulbrood or small hive beetle infestation is PROHIBITED.
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During transit, all packages shipped to Virginia locations must receive preventative treatment with an EPA approved miticide for Varroa mite. Treatment must be in accordance with approved label directions to retard spread of the Varroa mite.
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A EUROPEAN HONEY BEE (EHB) CERTIFICATE or other proof of genetic origin must be issued by the state of origin to the package or queen bee producer declaring that all
packages and queens produced in a state infested with the African or Africanized Honey Bee (AHB) were produced from certified EHB queens, certified EHB production queens, or certified EHB queen cells, as defined in the "European Honey Bee State Certification Procedures” as approved by the National Association of State Departments of Agriculture. A copy of this certificate must be included with each shipment. In addition, all queens originating from an AHB infested state must be clipped and marked prior to shipment.
- At the end of each shipping season, a LISTING OF ALL SHIPMENTS of package and queen bees shipped to Virginia or received by a Virginia resident MUST BE PROVIDED to the Virginia State Apiarist by mail at P.O. Box 1163, Richmond, VA 23218 or Fax: 804-371-7793.
For additional information contact the Virginia Department of Agriculture, Office of Plant Industry Services, at 804-786-3515 or email VABees@vdacs.virginia.gov.
Updated 12/16
Technician Training and Supervision GuidelinesDoc ID: 5037
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF CONSUMER PROTECTION
OFFICE OF PESTICIDE SERVICES
CERTIFICATION, LICENSING, REGISTRATION & TRAINING SECTION
Guidance Document Number: 5037
Subject: Training and Supervision of Registered Technicians Who are Government Employees or Not-for-Hire Individuals Issue Date: Revised 12/18/2018
Expiration Date: In effect until otherwise rescinded
PURPOSE: Provides guidance on the training and supervision of registered technicians who are Government Employees or Not-for-hire applicators. The guidance also clarifies the responsibilities of a registered tech even in the absence of a commercial applicator.
GUIDANCE
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Registered Technicians are, by definition in the Pesticide Control Act, certified to apply general use pesticides. They are also certified “to apply restricted use pesticides while under the direct supervision of a certified commercial applicator” (§ 3.2-3900) unless prohibited by a pesticide label.
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In the process of preparing to become a Registered Technician, an applicant must receive on-the-job training under the direct on-site supervision of a certified commercial applicator for at least 20 hours. (2 VAC 5-685-50. A.1.) This hands-on training is in addition to the required 20 hours of study of the information in the Core Manual. This 40 hours of training is documented on the Registered Technician application by certification of the commercial applicator who provided the required training.
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In § 3.2-3924.B., relating to the Pesticide Business License, it states “No person may apply or recommend for use any pesticide commercially without a pesticide business license and the employment of a certified commercial applicator responsible for: (i) the safe application of the pesticides; and (ii) providing recommendations for the use of pesticides.” This is our basis for holding commercial applicators responsible for the actions of Registered Technicians in their employ, within a pesticide business.
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The Virginia Pesticide Control Act does not require supervision of Registered Technicians by a commercial applicator when a pesticide business license is not required and only general use pesticides are used.
Example: A government-employee or not-for-hire Registered Technician applying a general use pesticide in the performance of normal job duties is not required to be supervised by a certified commercial applicator.
- As certified applicators, Registered Technicians can be held legally responsible for their own actions when applying general use pesticides.
Therefore, the requirements of the Pesticide Control Act are as follows
While a registered technician must receive supervised on-the-job training from a certified commercial applicator in order to qualify to take the registered technician exam, once that person is certified, he or she no longer requires supervision by a certified commercial applicator in order to use general use pesticides on the job in a governmental or other not-for-hire situation.
Authority: 2 VAC 5-685-50.A.1.
Veterinary Protocols for Animal SheltersDoc ID: 6479
EFFECTIVE DATE: 12/27/2018
Virginia Department of Agriculture and Consumer Services Division of Animal and Food Industry Services Office of Animal Care and Emergency Response 102 Governor St., Richmond, VA 23219 804-692-4001
Guidelines Governing the Veterinary Protocols Required by Virginia Administrative Code 2 VAC 5-111-30 “Public and Private Animal Shelters – Provision of veterinary treatment”
The Virginia Department of Agriculture and Consumer Services provides this guidance document regarding the veterinary protocols required by the regulations governing public and private animal shelters. Pursuant to 2 VAC 5-111-30, public and private animal shelters are required to have written protocols developed or ratified by a licensed veterinarian as follows:
2 VAC 5-111-30 Provision of veterinary treatment A. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for determining if an ill, injured, or otherwise compromised animal requires treatment by a licensed veterinarian. Each facility shall adhere to this protocol and provide veterinary treatment when needed.
B. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for the control of infectious and contagious disease and shall adhere to such protocol. Each facility shall provide a marked isolation room for the confinement of animals suffering from a contagious or infectious disease. C. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for the management of neonatal and medically compromised animals and shall adhere to such protocol. Enclosures shall be maintained that can properly and safely house such animals.
As used in the referenced regulations, a “compromised” or “medically compromised” animal is one which either has an illness or injury, or is compromised by a normal life phase condition (in heat, pregnant, etc.), a compromising congenital defect, a disabling physical condition (blind, amputated limb, no teeth, etc.), or other condition which alters a normal physiological function of the animal.
Protocol Contents
There are three separate protocols required. Each protocol shall be a separate and distinct protocol titled as described in the regulations.
Each of the protocols developed or ratified by a licensed veterinarian shall include the following information at a minimum:
- name and physical address of the animal shelter
- legibly printed name of the licensed veterinarian
- dated signature of the licensed veterinarian
1 of 18 • numbered pages, including the total number of pages
- each page initialed by the licensed veterinarian
- protocol content that addresses the subject of the protocol in a manner that is customized to the specific animal shelter
The content of the protocols shall achieve the following
Protocol for determining if an ill, injured, or otherwise compromised animal requires treatment by a licensed veterinarian: The detection and timely treatment of illness, injury, and compromise in animals under the custody of an animal shelter involves a level of preparedness and coordination unique to that setting. This protocol shall establish the resources, procedures, and systems that will be utilized and followed by all custodians of the animal shelter in order to ensure that each animal requiring veterinary treatment is provided that care. The care should be provided in an adequate manner and timeframe, and without obstacles related to staff schedules, communication, procurement, transportation, or other workplace factors. This protocol shall include the methods by which each animal is evaluated and monitored from the time of intake throughout the confinement period in order to ensure that signs of illness, injury, and compromise are detected and properly assessed in a timely manner. This protocol shall: 1) indicate the animal health assessment training and/or qualifications necessary for shelter custodians, and name the specific reference materials that will be utilized; 2) provide a comprehensive guideline of how to recognize and respond to animal health status indicators and signs of illness, injury, or compromise; or 3) a combination of these.
Protocol for the control of contagious or infectious disease: The diversity, transiency, and number of animals confined in an animal shelter setting are factors presenting an inherent risk for the transmission of disease. This protocol shall establish the resources, procedures, and systems to be utilized and followed by all custodians of the animal shelter in order to maintain the facility in a manner that is conducive to disease control.
This protocol shall identify the signs of potentially contagious or infectious disease, control the transmission of contagious or infectious disease if present in an animal, maintain the integrity of the isolation room, and provide adequate and timely care to isolated animals without posing a risk of cross contamination. This protocol shall include a method by which each animal is evaluated and monitored for signs of contagious or infectious disease, immediate actions to be taken to isolate a potentially contagious animal and decontaminate areas that may have been affected, and measures to ensure that veterinarian’s orders are followed exactly as prescribed for animals that have received veterinary care.
Protocol for the management of neonatal and medically compromised animals: Neonatal animals require intense and specialized care, especially if orphaned. This protocol shall establish the resources, procedures, and schedules to be utilized and followed by animal shelter custodians and/or foster care providers for the proper care of neonatal animals in the custody of the animal shelter. This protocol shall address all of the elements of adequate care and methods by which each animal is evaluated and monitored from the time of intake throughout the confinement period in order to ensure that the animal is thriving.
Medically compromised animals require customized accommodations in order ensure the safety, comfort, and well-being of the animal with regard to its compromising condition, and promote
2 of 18 proper healing and recovery in cases of an illness or injury. This protocol shall establish the resources, procedures, and systems to be utilized and followed by all custodians of the animal shelter in order to identify an animal for which special accommodations must be made. This protocol shall provide a safe enclosure for the animal in a suitable area of the facility, provide all of the elements of adequate care and comfort in a manner which is suitable and accessible for the animal, and ensure that veterinarian’s orders are followed exactly as prescribed for animals that have received veterinary care.
Related Citations from the Virginia Comprehensive Animal Laws and the Regulations of the Board of Agriculture and Consumer Services
Code of Virginia § 3.2-6500 Definitions As used in this chapter unless the context requires a different meaning:
"Adequate care" or "care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health.
"Veterinary treatment" means treatment by or on the order of a duly licensed veterinarian.
Code of Virginia § 3.2-6503 Care of companion animals by owner; penalty.
A. Each owner shall provide for each of his companion animals
- Adequate feed;
- Adequate water;
- Adequate shelter that is properly cleaned;
- Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;
- Adequate exercise;
- Adequate care, treatment, and transportation; and
- Veterinary care when needed to prevent suffering or disease transmission.
The provisions of this section shall also apply to every public or private animal shelter, or other releasing agency, and every foster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. This section shall not require that animals used as food for other animals be euthanized.
2 VAC 5-111-30 Provision of veterinary treatment A. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for determining if an ill, injured, or otherwise compromised animal requires treatment by a licensed veterinarian. Each facility shall adhere to this protocol and provide veterinary treatment when needed.
3 of 18B. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for the control of infectious and contagious disease and shall adhere to such protocol. Each facility shall provide a marked isolation room for the confinement of animals suffering from a contagious or infectious disease.
C. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for the management of neonatal and medically compromised animals and shall adhere to such protocol. Enclosures shall be maintained that can properly and safely house such animals.
Examples
The below example protocols can be used by shelters as a guide when developing individualized protocols. These are just examples and do not contain required content or format. The protocols can be as simple or complex as necessary to achieve the objectives outlined above.
4 of 18 PROTOCOL: DETERMINING IF AN ILL, INJURED, OR
OTHERWISE COMPROMISED ANIMAL
REQUIRES VETERINARY TREATMENT
Licensed Veterinarian Initials:_______
XYZ ANIMAL SHELTER
EXAMPLE PROTOCOL A. DETERMINING IF AN ILL, INJURED, OR
OTHERWISE COMPROMISED ANIMAL REQUIRES VETERINARY
TREATMENT
Licensed Veterinarian Name (Printed): _________
Licensed Veterinarian Signature: _____Date: ___
OVERVIEW: The animal shelter shall provide adequate veterinary care for each animal as required by VA Code §3.2-6503. This protocol is required by 2 VAC 5-111-30 Provision of veterinary treatment. “A. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for determining if an ill, injured, or otherwise compromised animal requires treatment by a licensed veterinarian. Each facility shall adhere to the protocol and provide veterinary treatment when needed.” ________________
- FACILITY PREPAREDNESS The [insert name of Designated Animal Health Coordinator, such as a shelter manager, animal control officer, specific title of an individual, etc.] is the Designated Animal Health Coordinator in charge of supervising the provision of adequate veterinary care is properly trained and educated in basic animal care and the basic assessment of animal wellness. This Designated Animal Health Coordinator will ensure that all staff members and caretakers are properly instructed in the requirements of this protocol, and that reasonable resources remain in place in advance (including animal transportation and veterinary provider payment arrangements) for events requiring veterinary care. This Designated Animal Health Coordinator will secure an alternate for absences from duty when he cannot be contacted for guidance regarding an animal wellness concern.
The following resources will be maintained in the shelter at all times in a conspicuous, readily accessible manner for use by all staff members and caretakers: A contact list that includes: the Designated Animal Health Coordinator’s name and telephone number; the names, addresses, and telephone numbers of the local veterinary establishments; and the name, address, and telephone number of the nearest veterinary emergency facility.
Species-specific charts depicting normal vital values and gestation periods, age and life-phase determination, body condition scoring, and breed determination.
A copy of this protocol.
The “HSUS Pet First Aid” book.
Animal first aid supply kit containing vet wrap, gauze, bandage tape, thermometer, lubricant, and stethoscope.
- ANIMAL INTAKE EVALUATION Upon taking custody of each animal, an intake exam will be performed and observations will be recorded on the “Animal Evaluation Form.” Observations will be noted as either “Appears Normal” or a description of the abnormality or compromising condition observed. Use the following guide as an aid for describing abnormal or compromising conditions: General Attitude: Depressed, Agitated, Lethargic, Disoriented General Condition: Geriatric, Neonatal, Dehydrated, Obese, Emaciated Eyes: Cloudy, Swollen, Crusty, Red, Discharge, Pus, Mucous, Ulcer, Poor Vision/Blindness, Squinting Ears: Red, Inflamed, Moist, Odor, Discharge, Pus, Waxy, Poor Hearing/Deafness Nose: Discharge, Crusty, Inflamed, Wound, Ulcer Mouth: Inflamed gums, Missing teeth, Severe tartar, Wound, Ulcer, Pale gums, Tacky/Dry gums 5 of 18 PROTOCOL: DETERMINING IF AN ILL, INJURED, OR
OTHERWISE COMPROMISED ANIMAL
REQUIRES VETERINARY TREATMENT
Licensed Veterinarian Initials:_______
Skin: Hair loss, Red, Inflamed, Crusty, Wound, Parasites, Wound, Sores, Mass Abdomen: Swollen, Firm/Tight, Lumpy, Mass Urogenital/Reproductive: Discharge, Swollen, Bloody, Pregnant, Cryptorchid (retained testicle), Prolapse Limbs/Mobility: Wound, Swollen, Limping/Not using limb, Difficulty standing Neurological: Circling, Wobbly, Twitching, Seizures
- INITIAL CONFINEMENT HOUSING Each animal will be confined individually (unless neonatal with nursing mother and/or littermates, or already acclimated and accustomed to cohabitation with another specific animal) for a minimum of the first five days.
Following the initial five days, an animal may be comingled with other compatible animals as appropriate and conducive to animal safety, well-being, and adequate care, and in accordance with all applicable laws and regulations.
- ANIMAL MONITORING Each animal will be monitored daily, and the observations will be recorded on the “Animal Monitoring Log.” This log will be maintained on (or in close proximity) the animal’s enclosure. Observations will be recorded as “Appears Normal” or a description of the abnormality or compromising condition observed. For describing abnormalities or compromising conditions, use the guide included above in item 2, as well as the following: Appetite: Poor, Difficulty swallowing, Difficulty chewing Stools: Soft, Bloody, Watery, Profuse, Parasites/Worms, No stool, Hard/Dry Urine: Discolored, Excessive, Bloody, Straining Other: Vomiting, Vocalizing, Excessive panting, Coughing, Injury Description, etc.
The Designated Animal Health Coordinator will review all Animal Monitoring Logs daily. The Designated Animal Health Coordinator will assign this duty to a properly qualified staff member for any day that the Designated Animal Health Coordinator is not on site at the shelter.
The chart on page four will be used in determining whether abnormal findings are mild, significant, or emergency in nature.
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FINDINGS OF MILD ILLNESS, INJURY, ABNORMALITY, OR COMPROMISE If, during the intake evaluation or at any time thereafter, signs of mild illness/injury/abnormality/compromise are observed (see associated chart) the following steps will be taken: 1) Make a notation on the “Animal Intake Evaluation” form or “Animal Monitoring Log” (whichever form is appropriate based on the time the signs were noticed) and provide initials and the date/time of the observation. 2) Move animal to individual confinement if not already individually confined. 3) Perform another evaluation of the animal using the “Animal Intake Evaluation” form if the finding occurs during routine monitoring. 4) Consult the clinical sign chart and the Pet First Aid book to aid in verification and severity of the finding. Discuss the findings with management as necessary. 5) Take general care measures as appropriate to alleviate discomfort and protect the animal (loose bandaging, bathing, clipping, external parasite removal, administration of commercially available product, etc.) as well as modifications to feed, bedding, and/or enclosure environment/climate. 6) Increase monitoring frequency to three times a day, and if the signs worsen at any time or do not subside after three days, regard the animal as having a potentially significant condition. 7) If the condition resolves, return the animal to general confinement and care. 8) Record all activities on the “Animal Monitoring Log.”
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FINDINGS OF SIGNIFICANT ILLNESS, INJURY, ABNORMALITY, OR COMPROMISE If, during the intake evaluation or at any time thereafter, signs of significant illness/injury/abnormality/compromise are observed (see associated chart), the following steps will be taken:
6 of 18 PROTOCOL: DETERMINING IF AN ILL, INJURED, OR
OTHERWISE COMPROMISED ANIMAL
REQUIRES VETERINARY TREATMENT
Licensed Veterinarian Initials:_______
- Make a notation on the “Animal Intake Evaluation” form or “Animal Monitoring Sheet” (whichever form is appropriate based on the time the signs were noticed) and provide initials and the date/time of the observation. 2) Move animal to individual confinement if not already individually confined. 3) Consult the clinical sign chart and the Pet First Aid book to aid in verification of the nature and severity of the finding. 4) Make modifications to feed, bedding, and/or enclosure environment/climate as appropriate/directed. 5) Promptly notify the Designated Animal Health Coordinator. 6) Contact a veterinary establishment for advice and make an appointment according to the recommendation of the veterinary establishment. In the meantime, and as advised by the veterinary staff, take first aid measures as appropriate to protect the animal and alleviate pain and distress. 7) Transport the animal to the veterinarian for diagnosis and treatment. 8) The Designated Animal Health Coordinator will inform the veterinarian of the status of the animal’s confinement in the shelter (reason for custody, holding period, etc.) and that a course of treatment is authorized that stabilizes the animal, prevents progression of the condition, alleviates pain and suffering, and is geared toward resolving the condition within a reasonable timeframe.
7. FINDINGS OF EMERGENCY ILLNESS, INJURY, ABNORMALITY, OR COMPROMISE
If, during the intake evaluation or at any time thereafter, signs of emergency illness/injury/abnormality/compromise are observed (see associated chart), the following steps will be taken: 1) Immediately contact a veterinary establishment for advice and transport the animal directly to the veterinarian for diagnosis and treatment. As advised by the veterinary staff, take first aid measures as appropriate to protect the animal and alleviate pain and distress in transit. 2) The Designated Animal Health Coordinator will inform the veterinarian of the status of the animal’s confinement in the shelter (reason for custody, holding period, etc.) and that a course of treatment is authorized that stabilizes the animal, prevents progression of the condition, alleviates pain and suffering, and is geared toward resolving the condition within a reasonable timeframe. 3) Make a notation on the “Animal Intake Evaluation” form or “Animal Monitoring Sheet” (whichever form is appropriate based on the time the signs were noticed) and provide initials and the date/time of the observation. 4) Add a communication note to the “Other” section on the “Animal Monitoring Log” documenting when the veterinarian was contacted, their recommended next steps, and the actions the shelter took to resolve the emergency. The back of the log may be used for additional space if needed.
If at any point it is questionable if a shelter animal is experiencing an emergency, a veterinarian’s office will be called immediately.
- POTENTIALLY INFECTIOUS/CONTAGIOUS DISEASE At any time, if an animal is showing signs of a contagious or infectious disease, the “Protocol for the Control of Infectious or Contagious Disease” will be followed in addition to this protocol as stated above.
7 of 18 are such isOR feces, 18 which: non- lethargy in of progress (but or ANIMAL 8 difficulty status bruising animal trauma those or severe bloodINJURED, TREATMENT abnormalities, rapidly wound or suffering;ILL, are injury, include rate drooling or anotherAN Initials:_______ jeopardy; deep with extensive could neurologicIF or in COMPROMISED pain (including or or birth injuries, or VETERINARY illness, experienced with weakness eliminate conditions life-threatening respiration retching to Veterinarian animal has fight abdomen treatment compromise emergency. mental extreme an bleeding vomit)or wound giving or or gums anDETERMINING OTHERWISE REQUIRES illnesses, to): open that become Licensed emergency Place Cause Life-threatening; Without to Increased breathing Altered Straining Bloated productive Pale Generalized Active urine, An Difficulty of 1) 2) 3) 4) limited animal compromising hit-by-carPROTOCOL: EMERGENCY Emergency or Signs abnormality, not Any as considered
or day
a or or to): which: specific eyes a than to drinking, day the 1 those breathing, limited more leg abnormalities, a from are abnormality, not than for eating, twice on attributed are mobility, more skin than ears injuries, distress; injury, (but compromise; healthy drinking discharge or or red bearing the conditions directly regularly or drinking or lasting more frequently or mild with be in of pain impaired illness, include scratching loss eating eyes illnesses, mild Cannot cause Cause Interfere elimination; Cause resting Coughing Diarrhea Vomiting Urinating Wounds Daily Hair Not Increased Non-weight Painful Red Exudate of 1) 2) 3) 4) compromising SIGNIFICANT Significant or Signs compromise
any any or to): or which: and without clinical without eating, elimination, or foodof signs limited birth those clinical other not animals abnormality, zoonotic distress; no giving ticks are vomiting stoolsoft finding healthy mobility, or are or of or signs other abnormalities, other with abrasion with single no injury, (but pain to or a fleas scratching other of with breathing, cough injuries, conditions with interfere cause contagious illness, include limping signs; any signs scrape dry not not not resting; mild Present other Do drinking, or Do Are (transmissible humans) Pregnancy/Onset Presence Intermittent Slight Isolated/occasional without Isolated/occasional other Minor Sneezing Rare signs of illnesses, 1) 2) 3) 4) MILD Mild compromising Signs compromise PROTOCOL: DETERMINING IF AN ILL, INJURED, OR
OTHERWISE COMPROMISED ANIMAL
REQUIRES VETERINARY TREATMENT
Licensed Veterinarian Initials:_______
ANIMAL INTAKE EVALUATION Animal ID: ___ Animal Weight: _____
Date: ___ Time: ____ Initials: __
General Attitude: General Condition: Eyes: Ears:
Nose: Mouth: Skin: Abdomen:
Urogenital/Reproductive: Anus/GI: Limbs: Mobility:
Other
“OK” = Appears Normal
ANIMAL INTAKE EVALUATION Animal ID: ___ Animal Weight: ______
Date: ___ Time: ____ Initials: __
General Attitude: General Condition: Eyes: Ears:
Nose: Mouth: Skin: Abdomen:
Urogenital/Reproductive: Anus/GI: Limbs: Mobility:
Other
“OK” = Appears Normal
9 of 18 PROTOCOL: DETERMINING IF AN ILL, INJURED, OR
OTHERWISE COMPROMISED ANIMAL
REQUIRES VETERINARY TREATMENT
Licensed Veterinarian Initials:_______
ANIMAL MONITORING LOG Animal ID: ______
Date: Time: Initials: Appetite: Stool: Urine:
Other
Date: Time: Initials: Appetite: Stool: Urine:
Other
Date: Time: Initials: Appetite: Stool: Urine:
Other
Date: Time: Initials: Appetite: Stool: Urine:
Other
Date: Time: Initials: Appetite: Stool: Urine:
Other
Date: Time: Initials: Appetite: Stool: Urine:
Other
Date: Time: Initials: Appetite: Stool: Urine:
Other
“OK” = Appears Normal
10 of 18 XYZ ANIMAL SHELTER
EXAMPLE PROTOCOL B: CONTROL OF
CONTAGIOUS AND INFECTIOUS DISEASE
Licensed Veterinarian Name (Printed): _________
Licensed Veterinarian Signature: _____Date: ___
OVERVIEW: This protocol is required by 2 VAC 5-111-30 Provision of veterinary treatment. “B. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for the control of contagious and infectious disease and shall adhere to such protocol. Each facility shall provide a marked isolation room for the confinement of animals suffering from a contagious or infectious disease.” ________________
- GENERAL FACILITY RULES REGARDING DISEASE CONTROL Sweep and mop facility daily.
Keep a visitor log to monitor who comes into contact with the animals, and do not allow visitors contact with the animals unless they sign the visitor log.
Do not allow outside animals to come into contact with shelter animals unless it is for a meet-and-greet with a committed adopter. Adopter must bring proof of most recent veterinary visit showing a healthy exam of the animal within the past year.
Any food items intended for consumption by shelter animals must be in unopened packaging when they are received.
All dry food must be kept in dry, closed containers.
Any unused, open canned food will be covered, dated, and stored in the refrigerator for no more than 7 days. After 7 days the food will be discarded.
Any donated items must be properly disinfected or laundered before using in the shelter.
Always clean the shelter in the following order starting with #1 and working through #6.
- Neonatal enclosures
- Neonatal area
- General population enclosures
- General population area
- Isolation population enclosures
-
Isolation room Reminder: After entering isolation, workers are not permitted to come into contact with neonates and the very young for the remainder of the day.
-
GENERAL ANIMAL HOUSING CLEANING AND DISINFECTION PROCEDURES All materials inside animal’s enclosure must be able to be appropriately disinfected through laundering or [ENTER NAME OF DISINFECTANT HERE, for example “Roccal”].
Clean animal enclosures twice daily while animal is outside of enclosure.
To disinfect area and enclosures: o Remove organic material and any debris. o Wash soiled area with detergent and scrub. o Rinse area and apply disinfectant (e.g. Roccal). o Allow disinfectant to sit for 10 minutes before rinsing. o Allow enclosures to dry before allowing animal back into enclosure.
Disinfect hallways, outdoor concrete areas, socialization rooms, and any other areas animals come into access with once daily and upon soiling as described above. 11 of 18 PROTOCOL: Control of Contagious and Infectious Disease
Licensed Veterinarian Initials: _______
Remove feed pans, water bowls, and toys from enclosure and wash separately with detergent daily and before use by another animal.
- DESIGNATED ISOLATION ROOM The first room on the right from the sally port entrance is the designated isolation room. This room will have controlled access.
A footbath filled with diluted bleach (1/2 cup bleach in 1 gallon) placed at the entry of the door.
The room is labeled “Isolation Room.” Place waste and laundry receptacles immediately next to the door of this room on the inside of the room.
Store a dedicated supply of cleaning agents, materials, and equipment inside the room for the sole purpose of room disinfection/cleaning and caring for the animals in isolation.
Do not take any supplies out of the room for use or storage in another part of the facility.
Do not use this room to store any items that are used outside of the isolation room.
4. ANIMAL INTAKE EXAM, INITIAL CONFINEMENT, MONITORING, AND PROVISION OF
VETERINARY CARE Animal intake exam, initial confinement, monitoring, and provision of veterinary care will be in accordance with “Protocol A: Determining Requirement of Veterinary Treatment”.
Examples of signs for the presence of a possibly infectious disease might include (but are not limited to): coughing, sneezing, lethargy, nasal or ocular discharge, open wounds, hair loss, excess itching, skin irritation/infection, diarrhea, or vomiting.
- FINDINGS OF POTENTIALLY COMMUNICABLE DISEASE If at any time during initial exam or general monitoring an animal displays signs consistent with infectious disease the following protocol will be implemented: Transfer animals immediately to the isolation room and house them individually. o Please note: Isolation Rules and Cleaning & Disinfection Procedures are listed below (#6-7) Place a sign on the suspect animal’s enclosure in isolation labeled with a description of the clinical signs or the suspected illness so that other workers are able to take appropriate precautions. o Reminder: ALL animals in isolation are to be treated as infectious until they are cleared by a veterinarian to be removed from isolation.
All areas the infectious animal came into contact with before entering isolation, including transport enclosure and transport vehicle, must be disinfected with [ENTER NAME OF DISINFECTANT HERE, for example “Roccal”]. Other animals will not be allowed to enter areas until disinfection has been completed.
The animal’s clinical signs will be noted on the “Animal Monitoring Log” (Protocol A) and communicated to a veterinary establishment as quickly as possible to schedule an appointment for evaluation of disease. o When scheduling the veterinary appointment, inform the veterinary establishment that the animal is potentially infectious in order to allow the clinic time to prepare preventative measures of disease control for the appointment. o During the appointment, anticipate that the veterinarian will examine the animal, make a diagnosis, and prescribe an individualized treatment plan.
Monitoring of animal’s progress as outlined by the veterinarian will be noted on the “Animal Monitoring Log” (Protocol A) and kept in isolation.
- ISOLATION ROOM RULES Wear disposable shoe coverings upon entering the room.
Wear disposable gloves and a smock when conducting any activities in this room.
Hang smocks on the hook inside the door upon exiting the room and launder daily or upon soiling.
Remove all personal protective gear upon exiting the room and step through the bleach foot bath before entering back into general areas.
Wash hands thoroughly after removal of protective gear. 12 of 18 PROTOCOL: Control of Contagious and Infectious Disease
Licensed Veterinarian Initials: _______
Non-vital personnel will not be allowed into the isolation room.
Care for immunocompromised animals or neonates must be done before entering isolation or by another person who has not entered isolation that day.
- ISOLATION ROOM CLEANING AND DISINFECTION PROCEDURE Clean/disinfect the isolation room after general areas have already been cleaned.
Do not allow animals to be within enclosures during cleaning/disinfecting the enclosures. Do not allow animals to roam around the isolation room during the process of cleaning/disinfection of the enclosures; they must be confined in one of the other enclosures to ensure the containment of disease.
Wear gloves, gown, and shoe coverings during the cleaning process.
Tie all laundry and waste receptacle bags when full. Launder isolation laundry separate from general laundry. Disinfect the outside of the laundry bag and then empty contents directly into the washer.
Add bleach to the load along with detergent and wash on the highest water temperature setting. Dry load completely in drier before reuse. Remove the tied waste receptacle bags by disinfecting the outside of the bag and place directly into dumpster.
Disinfect area/enclosure, remove organic debris, toys, and dishes. Rinse area and apply detergent.
Scrub any areas that did not come clean from the original rinse. Rinse detergent from area/enclosure. Apply disinfectant (Roccal) and allow to sit for 10 minutes, and then rinse a final time.
Allow area to dry before allowing animals back into area/enclosure.
Wash any toys that are able to be laundered along with the laundry protocol above. Disinfect hard toys that cannot be laundered using the dish protocol below.
To clean dishes: remove any residual food or organic debris into the isolation trash, and then submerge the dishes (& hard toys) into diluted bleach bucket. Use a 1/2 cup bleach in 1-gallon dilution. Soak items for 30 minutes before removing and transferring to dishwasher. Wash separately from other dishes using hot water and dish detergent.
13 of 18 XYZ ANIMAL SHELTER
EXAMPLE PROTOCOL C: MANAGEMENT OF NEONATAL
AND MEDICALLY COMPROMISED ANIMALS
Licensed Veterinarian Name (Printed): ________
Licensed Veterinarian Signature: _____Date: ___
OVERVIEW: This protocol is required by 2 VAC 5-111-30 Provision of veterinary treatment. “C. Each facility shall engage a licensed veterinarian to develop or ratify a protocol for the management of neonatal and medically compromised animals and shall adhere to such protocol. Enclosures shall be maintained that can properly and safely house such animals.” ____________ ____
NEONATAL ANIMALS
- Neonatal Animals with a Dam/Queen Neonates taken into custody with their dam/queen or born while in custody should be kept with the dam/queen until a minimum of 7 weeks of age. o If the dam/queen becomes ill, inadequately lactates, or jeopardizes the safety of the neonates and/or animal care attendants, remove neonates for surrogate care or hand rearing prior to 7 weeks.
Keep the dam/queen and neonates segregated from other animals in a foster home for at least the first three weeks of life. If no foster home is available, house the dam/queen and neonates in a room of the shelter that is away from the general population and isolation room.
Keep the dam/queen and neonates in a primary enclosure that meets the following criteria: o Able to be adequately cleaned and disinfected o Able to be heated as dictated by the species, age, and condition of the animals (A common heating pad is not safe and is not permitted for use). o Contains bedding easily accessible to both the dam/queen and neonates as well as non-slip footing. o In a quiet room away from main traffic and other animals. o Ensures the safety of the neonates by eliminating spaces where small neonates may become trapped, separated, or drowned.
Use tall enough bowls so that the dam/queen can access, but neonates are not at risk for drowning.
The addition of pig rails to a whelping box or other solid walled enclosure is an example of one way to prevent trapping or separation.
Monitor dam/queen at minimum twice daily. Observe and note intake (eating & drinking) of the dam/queen, any vaginal discharge, adequate lactation, and appearance of mammary glands. o Obtain veterinary care if the dam/queen has a vaginal discharge with an odor, is not eating/drinking, not lactating well, has inflamed mammary glands, or any other abnormality.
Monitor neonates at minimum once daily for growth appropriate to their age and species. As a general rule, appropriate growth is a gain of 10% of birth weight each day.
14 of 18 PROTOCOL: Control of Contagious and Infectious Disease
Licensed Veterinarian Initials: _______
Note: A gram or ounce scale is required for monitoring growth. Inadequate growth or lactation is an indication for examination and treatment by a veterinarian.
Monitor and provide special care as follows: o To minimize exposure of neonates to disease, provide care of dams/queens with neonates before taking care of the general population. o Provide dam/queen with free choice dry puppy/kitten food as well as a constant supply of clean water. Provide dam with free choice feeding until weaning and then return her to a normal diet appropriate to her size. o At 3 weeks of age, offer the neonates a gruel made of puppy/kitten food and water. o Provide a heat lamp to area for first two weeks for neonates to utilize as needed.
Neonates and dam/queen must be able to move away from heat when necessary. Once neonates are over 2 weeks old, gradually reduce heat over the following week until area is normal room temperature.
- Neonatal Animals without a Dam/Queen Due to the fragility and intensive needs of a neonate, if under 4 weeks of age schedule a veterinarian exam within 3 hours of intake. During this appointment an initial exam will be conducted as well as the development of a care and feeding protocol that is appropriate for the neonate and care provider. If adequate care is not available, place the neonate into the veterinary clinic’s care until mature enough to return to the shelter or transferred into foster care.
Feedings o Neonates less than 4 weeks of age until veterinary care is provided: Provide milk replacer upon intake. Prepare 5-10 mL of milk replacer, warm for a few seconds in the microwave, and place into clean bottle with a nipple. Check the temperature of the milk before feeding. Milk should be warm, not hot. Allow the neonate to suckle until they refuse the nipple. Provide a second bottle if the neonate empties the first. If the neonate is not suckling well or has not eaten more than two milliliters of formula, seek veterinary care within one hour. Milk replacer needs to be provided every two hours until veterinary examination.
- Note: The nipple hole often needs to be widened or more holes added to allow better milk flow. Neonates should be fed while upright and not on their backs. o Puppies/kittens 4-6 weeks old: feed puppies/kittens milk replacer as described above every 6 hours. Note puppies/kittens at this age require more milk replacer than those under 4 weeks old (est. 30-50ml of replacer per feeding). In addition to the milk replacer, puppies/kittens will be introduced to solid food by offering a gruel of dry or canned species-specific puppy/kitten food. To make a gruel, add desired amount of water to the solid or canned diet and blend. At this stage, gruels should have a very high liquid content for easy consumption and slow introduction to the action of chewing food.
Initially, the gruel should be the consistency of soup without any solid chunks. If the puppy/kitten is tolerating the gruel well, slowly and gradually decrease the water content over the following weeks. o Puppies 6-7 weeks old and kittens 7-11 weeks old: Feed puppies/kittens 3 times per day (every 8 hours) a canned diet of species-specific puppy/kitten food. o Puppies 7-8 weeks of age and kittens 11-12 weeks: Puppies/kittens may continue eating canned food or may be slowly transitioned to dry. To transition to dry food, gradually begin mixing small amounts of dry food in with the canned. Over time, begin decreasing the amount of canned food and increasing the dry. Continue offering 3-4 smaller meals throughout the day. Leaving food down at all times does not guarantee the puppies and kittens will eat. o Monitor puppies/kittens for adequate growth appropriate to their age and species a minimum of once daily. As a general rule, appropriate growth is a gain of 10% of birth weight each day. Their daily food intake will need to be adjusted based on their rate of growth.
Note: A gram or ounce scale is required to monitor growth. Inadequate growth is an indication for examination and treatment by a veterinarian.
Elimination
15 of 18 PROTOCOL: Control of Contagious and Infectious Disease
Licensed Veterinarian Initials: _______
o If the neonate is less than two weeks of age, stimulation is needed for urination/defecation. Using a clean, warm, wet cotton ball or soft washcloth, gently massage under the neonate’s tail. Stimulate the neonate after each meal. o Monitor urination/defecation in neonates and young puppies/kittens. The presence of diarrhea is an indication for examination and treatment by a veterinarian.
Environment o If neonate is less than two weeks old, utilize a heat lamp in order to keep neonate warm.
Neonates must be able to move away from heat when needed.
Note: A common heating pad is not safe and is not permitted for use. o Keep neonates and puppies/kittens from non-littermates in the foster home or shelter for at least the first three weeks of life. o Keep neonates in a primary enclosure that meets the following criteria: Nonslip footing and solid bottom Able to be adequately cleaned and disinfected three times daily (every 8 hours).
Ensures the safety of the neonates by eliminating spaces where small neonates may become trapped or separated. o In order to minimize the neonate’s exposure to disease, feed and care for neonates and disinfect environment before working with the rest of the shelter population.
Veterinary Care o Based on monitoring protocols, ensure further veterinary care is provided during appointments with a veterinarian to ensure proper growth and development of neonates. o Neonates should be hospitalized at a veterinary establishment if foster care or round-the-clock care at specified intervals is not able to be provided.
MEDICALLY COMPROMISED ANIMALS
- DISABLING CONDITIONS or NATURAL CONDITIONS OF COMPROMISE A medically compromised animal is any animal who by definition is one which either has an illness or injury, or is compromised by a normal life phase condition (a compromising congenital defect, a disabling physical condition, or other condition which alters a normal physiological function of the animal).
- Examples of a compromised animals include (but are not limited to): blindness/ visual impairment, pregnancy, in-heat, amputee, physical deformity, geriatric, oral defect, or deafness.
- If the compromise is due to illness or injury, follow Protocols A and B in addition to this protocol if appropriate.
Create an individualized management plan in writing for any animal with a disabling condition on the “Special Instructions Sheet” upon arrival at the shelter. Specify on the plan accommodations and modifications to ensure animal safety, comfort, well-being, and adequate care. Place the “Special Instructions Sheet” in plain view on or near the animal’s enclosure.
As standard practice, the following conditions will require these accommodations at a minimum:
a. Blind: housed individually (unless entering shelter with housemate to which animal is already acclimated) in quiet environment with floor-level bedding. The enclosure must provide adequate space without being oversized so that the animal can easily identify its safe perimeter and easily locate food and water receptacles. b. Pregnant: housed individually in quiet enclosure without any wide gaps or confined spaces which pose a risk to newborn animals, away from view of other animals. Provide a cage or structure large enough for whelping without any large lips or steps to have to navigate over, and provided soft bedding material. c. In-Heat: never to be housed next to an intact male.
16 of 18 PROTOCOL: Control of Contagious and Infectious Disease
Licensed Veterinarian Initials: _______
d. Physically Impaired (e.g. amputee, deformity, paralysis): housed individually (unless entering shelter with housemate to which animal is already acclimated) with sturdy, nonslip footing and easily accessible bedding. e. Oral defect (e.g. missing or broken teeth): feed soft, canned diet, or as directed by a veterinarian.
Will not be given hard toys. f. Geriatric: provide extra bedding to ensure an appropriate amount of padding/cushion on platform without a large step, and a quiet enclosure.
-
ILLNESS AND/OR INJURY Provide any animal with an illness or injury an individualized management plan established in writing in accordance with the veterinarian’s instructions. The veterinarian should specify in the plan dietary requirements, exercise and socialization restrictions, and proper cage/ kennel set-ups as needed. Have the veterinarian fill out a specialized plan on the following page. Place this page in plain view on or near the animal’s enclosure.
-
MEDICATIONS AND/OR TREATMENTS Administer medications and treatments in accordance with prescribed instructions at the prescribed frequency. Prescribed frequency will correlate to intervals based on a 24-hour “day” (i.e. two times per day = every 12 hours, three times per day = every 8 hours). After administering medications, the staff member should record the treatment on the animal’s treatment log and include their initials or name next to the treatment. Prescription medications are to be used on the prescribed animal only and not on any other animal. Do not store any excess medications for future unprescribed use and discard all medications appropriately. Store medications in a cool, dry location away from any risk of accidental animal access.
17 of 18 PROTOCOL: Control of Contagious and Infectious Disease
Licensed Veterinarian Initials: _______
SPECIAL INSTRUCTIONS SHEET Medically Compromised Animal
ANIMAL ID: ___ DATE: ______
*This condition is a permanent☐ temporary☐ condition
-
Special Enclosure/Housing Area Instructions: __________ __________ __________
-
Special Bedding Instructions: __________ __________ __________
-
Special Feeding Instructions: __________ __________ __________
-
Special Exercise/Socialization Instructions: __________ __________ __________
-
Special Climate/Temperature Instructions: __________ __________ __________
-
Special Handling Instructions: __________ __________ __________
-
Other Instructions: __________ __________ __________
18 of 18
Virginia Weights and Measures Penalty GuidelinesDoc ID: 3747
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GUIDELINES FOR ENFORCEMENT OF THE VIRGINIA WEIGHTS AND MEASURES LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
STATEMENT OF BASIS ‐ STATUTORY AUTHORITY ‐‐ Chapter 56, Title 3.2, Section 3.2‐5646(B) OF THE
CODE OF VIRGINIA (1950), AS AMENDED
STATEMENT OF PURPOSE ‐‐ These guidelines provide direction to Agency personnel in determining the amount of the penalty that shall be considered to be appropriate for various violations. It is designed to ensure, to the extent practicable, that similar violations will be assessed generally comparable penalties in as uniform a manner as possible.
- 1 Definitions
The following words and terms, when used in these guidelines, shall have the following meanings, unless the context clearly indicates otherwise:
"Board" means the Board of Agriculture and Consumer Services.
"Law" means the Virginia Weights and Measures Law, Chapter 56 of Title 3.2 (3.2‐5600 through 3.2.5648) of the Code of Virginia (1950), as amended.
"Previous violation" means any violation of the Virginia Weights and Measures Law, or regulations adopted pursuant thereto, cited within the three‐year period preceding the
current violation.
- 2 Provision for Civil Penalties Generally
Any person violating a provision of this chapter or regulations adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000.
- 3 Assessment of separate violations
A. Each violation of the Law shall be assessed separately for the purpose of determining the total civil penalty assessment.
B. In cases of continued violation, a civil penalty may be assessed separately for each
day of violation beginning with the day of notification of the violation and ending with the date of abatement.
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WEIGHTS AND MEASURES LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
- 4 Penalty Point System
The point system described in this section shall be used to determine the amount of the civil penalty.
A. Type of Violation
A person or firm in violation of the Law, or regulations adopted pursuant thereto, shall be assigned up to 10 points for the type of violation described in one of the following categories:
Points Type of Violation
1 ‐ 5 Failure to notify Agency personnel of the installation of any weighingor measuring equipment prior to its introduction into commercial use. 1 ‐ 5 Failure of any livestock market operator to comply with the provisions contained in 3.2‐5636, 3.2‐5637 and 3.2‐5639. 2 ‐ 4 Failure to stamp upon or affix to a consumer item or post at or adjacent to the display, the selling price of the item. 2 ‐ 6 Failure to meet all requirements regarding labeling of commoditiesin package form.
2 ‐ 6 Sell, or offer or expose for sale, any commodity in a manner contraryto established methods of sale. 2 ‐ 6 Advertise any commodity, thing, or service in a manner contrary tolaw.
2 ‐ 6 Display a commodity in package form in a manner that misleads the buyer or prospective buyer as to the quantity of its contents. 3 ‐ 7 Failure to make necessary repairs to rejected equipment in specified period of time of time 3 ‐ 7 Failure to identify petroleum storage tanks, by product, as prescribedby law or regulation.
4 ‐ 8 Position a weighing or measuring device in a manner that obstructs the observation of the indicating elements or the operation of the device. 4 ‐ 8 Operate a weighing or measuring device in a manner contrary to its intended operating design. 4 ‐ 8 Failure to maintain weighing and measuring equipment in proper operating condition. 4 ‐ 8 Use or operate any weighing or measuring device beyond its nominal rated capacity. 4 ‐ 8 Failure to notify Agency personnel of modification to weighing and measuring devices, when such modification has a direct effect on the performance of the equipment.
5 ‐ 10 Sell, or offer or expose for sale, less than the quantity represented forany commodity, thing, or service
2
[TABLE 2-1] Points | Type of Violation 1 ‐ 5 | Failure to notify Agency personnel of the installation of any weighingor measuring equipment prior to its introduction into commercial use. 1 ‐ 5 | Failure of any livestock market operator to comply with the provisions contained in 3.2‐5636, 3.2‐5637 and 3.2‐5639. 2 ‐ 4 | Failure tostampuponoraffixtoaconsumeritem or post at oradjacent to the display, the selling price of the item. 2 ‐ 6 | Failure to meet all requirements regarding labeling of commoditiesin package form. 2 ‐ 6 | Sell, or offer or expose for sale, any commodity in a manner contraryto established methods of sale. 2 ‐ 6 | Advertise any commodity, thing, or service in a manner contrary tolaw. 2 ‐ 6 | Display a commodityinpackageforminamanner that misleadsthe buyer or prospective buyer as to the quantity of its contents. 3 ‐ 7 | Failure tomakenecessaryrepairstorejectedequipment in specified period of time of time 3 ‐ 7 | Failure to identify petroleum storage tanks, by product, as prescribedby law or regulation. 4 ‐ 8 | Position aweighingormeasuringdeviceinamanner that obstructsthe observation of the indicating elements or the operation of the device. 4 ‐ 8 | Operate aweighingormeasuringdeviceinamanner contrarytoits intended operating design. 4 ‐ 8 | Failure to maintain weighing and measuring equipment in proper operating condition. 4 ‐ 8 | Use or operate any weighing or measuring device beyond its nominal rated capacity. 4 ‐ 8 | Failure tonotifyAgencypersonnelofmodification to weighingand measuring devices, when such modification has a direct effect on the performance of the equipment. 5 ‐ 10 | Sell, or offer or expose for sale, less than the quantity represented forany commodity, thing, or service
[/TABLE]
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WEIGHTS AND MEASURES LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
5 ‐ 10 Dispose of any rejected or condemned weight or measure in amanner contrary to law or regulation. 5 ‐ 10 Take more than the quantity represented of any commodity, thing,or service when, as buyer, furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined. 5 ‐ 10 Failure to weigh vehicles or coupled vehicle combinations as single‐drafts.
5 ‐ 10 Failure to give any advertiseddiscounts.
6 ‐ 10 Failure of any livestock operator to weigh animals on the day of saleas required by law. 6 ‐ 10 Failure to maintain proper security seals on the adjusting mechanism designed to be sealed. 6 ‐ 10 Failure of the equipment operator to return indications to a zero setting prior to its next operation. (Exemption given to self‐service operations) 6 ‐ 10 Failure to retain records as required by law or regulation.
8 ‐ 10 Remove from any weight or measure, contrary to law or regulation,any tag, seal, or mark placed thereon by the appropriate authority.
10 Violate a stop sale, use, or removalorder.
10 Interfere with the Commissioner or his duly authorized agents inthe performance of duties. 10 Impersonate any federal, state, county or city weights and measures inspector or official. 10 Use or have in possession for the purpose of using any weighing or measuring device or instrument used to or calculated to falsify any weight or measure. 10 Operate mobile equipment (i.e., vehicle tank meters and LPG meters) on public streets with a ticket inserted in the printing device of the meter.
B. Seriousness of Violation
A person or firm in violation of the Law, or regulations adopted pursuant thereto, shall be assigned up to 10 points for the seriousness of the violation, taking into consideration any one of the following factors:
(i) Potential monetary consequences.
(ii) Potential of impact to competitors
(iii) Degree of inconvenience or deception to a buyer or prospective buyer.
(iv) Degree of disregard for the law.
3
[TABLE 3-1] 5 ‐ 10 | Dispose of any rejected or condemned weight or measure in amanner contrary to law or regulation. 5 ‐ 10 | Take more than the quantity represented of any commodity, thing,or service when, as buyer, furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined. 5 ‐ 10 | Failure to weigh vehicles or coupled vehicle combinations as single‐drafts. 5 ‐ 10 | Failure to give any advertiseddiscounts. 6 ‐ 10 | Failure of any livestock operator to weigh animals on the day of saleas required by law. 6 ‐ 10 | Failure tomaintainpropersecuritysealsontheadjusting mechanism designed to be sealed. 6 ‐ 10 | Failure oftheequipmentoperatortoreturnindications to a zerosetting prior to its next operation. (Exemption given to self‐service operations) 6 ‐ 10 | Failure toretainrecordsasrequiredbylaworregulation. 8 ‐ 10 | Remove from any weight or measure, contrary to law or regulation,any tag, seal, or mark placed thereon by the appropriate authority. 10 | Violate a stop sale, use, or removalorder. 10 | Interfere with the Commissioner or his duly authorized agents inthe performance of duties. 10 | Impersonateanyfederal,state,countyorcityweights and measures inspector or official. 10 | Use or haveinpossessionforthepurposeofusing any weighingor measuring device or instrument used to or calculated to falsify any weight or measure. 10 | Operate mobileequipment(i.e.,vehicletankmeters and LPG meters)on public streets with a ticket inserted in the printing device of the meter.
[/TABLE]
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WEIGHTS AND MEASURES LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
Points Seriousness Category
1 ‐ 3 Minor violations; those having minimal impact on the consumer or competitors 4 ‐ 6 Moderate violations; those having a measurable impact on the consumer or competitors 7 ‐ 10 Serious violation; those having an adverse impact on the consumeror
competitors
C. Culpability
A person or firm in violation of the Law, or regulations adopted pursuant thereto, shall be assigned up to 6 points, from one of the following categories, based on the degree of fault of the person to whom the violation is attributed:
Points Culpability Category
0 No fault attributed; an inadvertent violation which was unavoidable by the exercise of reasonable care
1 ‐ 2 Lack of knowledge; a violation which is the result of the individual being unaware of the statutory requirements 3 ‐ 4 Negligent
5 ‐ 6 Knowing, aware of actions
D. History of Previous Violations
In determining the amount of a civil penalty, the history of previous violations of the business or natural person shall be considered.
(i) For current violations resulting from actions of a business, one point shall be assigned for each previous violation found that resulted from the actions of the business. Each physical business location shall be treated as a separate entity.
(ii) For current violations resulting from the actions of a natural person, one point shall be assigned for each previous violation found that is attributable to the same natural person cited in the current violation.
(iii) Previous violations overturned through the appeal process shall not be counted.
4
[TABLE 4-1] Points | SeriousnessCategory 1 ‐ 3 | Minor violations;those havingminimalimpacton the consumeror competitors 4 ‐ 6 | Moderate violations;those havingameasurableimpact on the consumer or competitors 7 ‐ 10 | Serious violation; those having an adverse impact on the consumeror competitors
[/TABLE]
[TABLE 4-2] Points | CulpabilityCategory 0 | No fault attributed; an inadvertent violation which was unavoidable by the exercise of reasonable care 1 ‐ 2 | Lack of knowledge;aviolationwhichistheresult of the individual being unaware of the statutory requirements 3 ‐ 4 | Negligent 5 ‐ 6 | Knowing, aware ofactions
[/TABLE]
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WEIGHTS AND MEASURES LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
(iv) In instances where both the business and a natural person have been cited in the current case, and both have previous violations, points may be assigned for both.
E. Credit for good faith in attempting to achieve compliance
The demonstrated good faith of the person or firm in attempting to achieve rapid compliance after notification of the violation shall be taken into consideration in determining penalty points. Up to four points shall be deducted from the total points assigned under Subsection A, B, C, and D, based on the following categories:
Points Good Faith Credit Category
3 ‐ 4 Immediate action taken to abate the violation, and correct any conditions resulting from the violation, in the shortest possible amount of time. 1 ‐ 2 Prompt and diligent efforts made to abate the violation, and correct any conditions resulting from the violation, within a reasonable period of time. 0 No pointsdeducted.
F. Determination of base civil penalty
The total penalty point amount shall be determined by adding the points assigned under Subsections A, B, C, and D, and subtracting from that subtotal the points assigned under Subsection E of this Section. The resulting total penalty point amount is converted to a dollar amount, according to the following schedule:
Points Dollars 1 $ 10 2 $ 20
3 $ 30 4 $ 40 5 $ 50 6 $ 60 7 $ 70 8 $ 80 9 $ 90 10 $ 100 11 $ 150
12 $ 200 13 $ 250 14 $ 300 15 $ 400
5
[TABLE 5-1] Points | Good Faith CreditCategory 3 ‐ 4 | Immediate action taken to abate the violation, and correct any conditions resulting from the violation, in the shortest possible amount of time. 1 ‐ 2 | Prompt and diligent efforts made to abate the violation, and correct any conditions resulting from the violation, within a reasonable period of time. 0 | No pointsdeducted.
[/TABLE]
[TABLE 5-2] Points | Dollars 1 | $ 10 2 | $ 20 3 | $ 30 4 | $ 40 5 | $ 50 6 | $ 60 7 | $ 70 8 | $ 80 9 | $ 90 10 | $ 100 11 | $ 150 12 | $ 200 13 | $ 250 14 | $ 300 15 | $ 400
[/TABLE]
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WEIGHTS AND MEASURES LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
16 $ 500 17 $ 625 18 $ 750 19 $ 875 20 $ 1,000
G. Consideration of previous violations; reduction of penalty
All previous violations of a person or firm shall be taken into consideration in determining the base civil penalty. In the case of a less than serious violation where no previous violation exists, the base civil penalty may be reduced by 20 percent. In the case of a serious violation or a repeat violation the base civil penalty shall not be reduced.
- 5 Waiver of Use of Formula to Determine Civil Penalty
H. The Virginia Board of Agriculture and Consumer Services may waive the use of the formula contained in Section 1.4 to set the civil penalty, if the Board determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. The basis for every waiver shall be fully explained and documented in the records of the case.
B. If the Board waives the use of the formula, it shall give a full written explanation of the basis for any penalty assessment to the person or firm found in violation.
Adopted by the Virginia Board of Agriculture and Consumer Services Effective October 1, 2008
6
[TABLE 6-1] 16 | $ 500 17 | $ 625 18 | $ 750 19 | $ 875 20 | $ 1,000
[/TABLE]
Virginia Animal Control Continuing Education GuidelinesDoc ID: OACER
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Virginia Department of Agriculture and Consumer Services Division of Animal and Food Industry Services Office of Animal Care and Emergency Response 102 Governor St., Richmond, VA 23219 804-692-4001
Guidelines Governing the Approval of Continuing Education Training for Animal Control Officers
I. Statutory Authority: Code of Virginia §§ 3.2-6555 through 3.2-6556 a. Pursuant to Code of Virginia § 3.2-6556, all animal control officers (ACOs) and deputy ACOs are mandated to complete a minimum of 15 hours of approved continuing education (CE) every three (3) years in the area of animal control and protection.
b. Pursuant to Code of Virginia § 3.2-6556, this training must be approved by the State Veterinarian.
II. Criteria for Approval of Continuing Education (CE) Courses for Entities Offering a Course c. Organizations, individuals, or other entities seeking to offer CE training to ACOs must first submit a request for approval using the Animal Control Continuing Education Request Form (Form VDACS AC-11). b. The State Veterinarian will approve a CE course that addresses the animal control topics outlined in the Animal Control Basic Training Core Curriculum (http://www.vdacs.virginia.gov/pdf/vaaco.pdf) or otherwise addresses animal control and protection. c. As in-person training is a valuable component of animal control and protection training, the State Veterinarian will approve a maximum of seven CE credit hours for any single online course that meets the requirements listed in subdivision b of Section II. d. All course approvals expire at the end of the calendar year (December 31). e. For courses recurring throughout a calendar year, any changes to an approved course must be re-submitted for approval using the Animal Control Continuing Education Request Form (Form VDACS AC-11). f. Formal field training or in-service training required by an employer may be eligible for CE credit hours,
but the training must be pre-approved by the State Veterinarian.
III. Criteria for ACOs Seeking Continuing Education (CE) Approval for Course Attendance g. ACOs seeking to attend a training course for CE credit must first submit a request for approval using the Animal Control Continuing Education Request Form (Form VDACS AC-11). ACOs do not have to submit the Animal Control Continuing Education Request Form for a course that the State Veterinarian has approved. A list of approved CE courses will be posted on the Virginia Department of Agriculture and Consumer Services (VDACS) Office of Animal Care and Emergency Response webpage (http://www.vdacs.virginia.gov/animals-animal-care-and-emergency.shtml). b. The State Veterinarian will approve a CE course that addresses the animal control topics outlined in the Animal Control Basic Training Core Curriculum (http://www.vdacs.virginia.gov/pdf/vaaco.pdf) or otherwise addresses animal control and protection. c. As in-person training is a valuable component of animal control and protection training, the State Veterinarian will approve a limited number of online CE credit hours for each ACO in a three-year cycle.
A maximum of seven CE credit hours, which meet the requirements listed in subdivision b of Section II, can be used toward the required 15 hours.
Page | 1 Eff. Jan 1, 2018
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d. Formal field training or in-service training required by an employer may be eligible for CE credit hours, but the training must be pre-approved by the State Veterinarian. e. All course approvals expire at the end of the calendar year (December 31). f. For courses recurring throughout a calendar year, any changes to an approved course must be re-submitted for approval.
IV. ACO Training Report g. Pursuant to Code of Virginia § 3.2-6555, every locality shall submit a completed Animal Control Officer Training Report to the State Veterinarian (Form VDACS AC-12). The report shall contain information regarding the training status of each ACO and each deputy ACO employed by each locality. b. As required in Code of Virginia § 3.2-6556(A)(2), the State Veterinarian will maintain the Animal Control Officer Training Report to document and ensure that ACOs are in compliance with the training requirements prescribed in § 3.2-6556(A)(2). c. Localities that fail to submit a report, or submit a report that indicates a failure to comply with the training requirements for ACOs in their employ, may be subject to a civil penalty assessed pursuant to Code of Virginia § 3.2-6546(K) and the Board of Agriculture and Consumer Services’ Virginia Animal Shelter Civil Penalty Matrix (http://www.vdacs.virginia.gov/pdf/Civil-Penalty-Matrix.pdf).
d. In an effort to fulfil the requirements in § 3.2-6556, the State Veterinarian may request further documentation of CE completion at any time.
V. Tracking and Ensuring ACO CE Compliance a. Documentation of CE completion may include copies of course sign-in rosters, course certificates, or other similar documents. b. Individual ACOs are responsible for ensuring their own compliance and must retain proof of course attendance and completion. c. All courses that have received ACO CE approval from the State Veterinarian will be posted on the VDACS Office of Animal Care and Emergency Response webpage (http://www.vdacs.virginia.gov/animals-animal-care-and-emergency.shtml). d. ACO CE requirements will start the calendar year following the date of completion of ACO Basic Training. Example: An ACO who completes basic training on March 31, 2017 (or any other date during the calendar year 2017) will need to complete 15 CE credits before December 31, 2020. e. For extenuating circumstances, the State Veterinarian may grant an extension of up to one (1) year for the completion of CE requirements. A written request for an extension must be received prior to the end of the calendar year (December 31) during which the extenuating circumstances occurred. The State Veterinarian or his representative will provide a written response indicating approval or denial of the requested extension.
Page | 2 Eff. Jan 1, 2018
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COMMONWEALTH OF VIRGINIA
Department of Agriculture and Consumer Services Division of Animal and Food Industry Services Office of Animal Care and Emergency Response 102 Governor Street, Richmond, Virginia 23219 Phone: 804-692-4001 Fax: 804-371-2380 animalcare@vdacs.virginia.gov Animal Control Continuing Education Request Form Please submit all requests for ACO CE to animalcare@vdacs.virginia.gov.
Name
Email Host Agency
(i.e. Organization facilitating the course) Course Title
Course Location
Course Date Course Time
(i.e. 12pm-6pm) Course Description: (Please indicate how this course is related to animal control AND how it supports the current training standards. A copy
of the current training standards can be found on the VDACS website (http://www.vdacs.virginia.gov/pdf/vaaco.pdf).
Who is invited to attend (circle): a)ACOs and staff from one locality only b) open to ACOs and
shelter staff from select/limited localities c)open to any ACO or staff wanting to attend d) other (describe)____________ Is there a cost to attend? Yes or No If yes, how much? _____
BELOW FOR OFFICAL USE ONLY
Denied o
Approved __ ____ o (# of CE Hours) Virginia State Veterinarian or State Veterinarian Representative ____
Date
KEEP A COPY OF THIS APPROVED DOCUMENT WITH YOUR RECORDS AND ATTACH PROOF OF CE COURSE
ATTENDANCE AFTER COMPLETION OF THE COURSE
VDACS AC-11 (Eff. 1/18)
[TABLE 3-1] Name | Email | Host Agency (i.e. Organization facilitating the course) | Course Title | Course Location | Course Date | Course Time (i.e. 12pm-6pm) |
[/TABLE]
Use of Proceeds for Charitable GamingDoc ID: 4309
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Virginia Department of Agriculture and Consumer Services Division of Consumer Protection ‐ Office of Charitable and Regulatory Programs
Oliver Hill Bldg. • 102 Governor Street • Richmond, VA 23219 • www.vdacs.virginia.gov
GUIDANCE DOCUMENT
Document number: 2010‐01
Subject: Use of Proceeds (UOP)
Issue date: October 1, 2010 Revised December 1, 2012
Expiration date: In effect until rescinded or amended
Purpose
The purpose of this document is to assist charitable gaming organizations determine which expenditures may qualify as a Use of Proceeds (UOP) disbursement. This is just a guideline. If you have any questions, please contact the Auditing and Financial Reviews Unit in the Office of Charitable and Regulatory Programs (OCRP) at (804) 371‐0495.
Background
The regulations promulgated by the Charitable Gaming Board prescribe that as a condition of receiving a permit, charitable gaming organizations must use a minimum of ten percent (10%) of their charitable gaming gross receipts for (i) those lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized, or (ii)
those expenses relating to the acquisition, construction, maintenance or repair of any interest in real property involved in the operation of the organization and used for lawful religious, charitable, community or educational purposes.
Generally, donations to 501(C)(3) tax‐exempt charitable organizations or religious groups, as well as donations for educational purposes or for community activities sponsored by a non‐ profit organization, will qualify as a UOP disbursement. The charitable purpose for which expenditures would qualify as UOP disbursements is typically stated in an organization’s charter
or indicated by its Internal Revenue Service classification.
In order to count towards the minimum 10% UOP requirement for the gaming year, qualified expenditures must be made by December 31st of the gaming year.
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OCRP Guidance Document 2010‐01 Page 2
UOP – Charitable Donations
Organizations must maintain records to document all charitable donations. The records should include invoices or receipts, request‐for‐donation letters or thank‐you‐for‐your‐ donation letters, and approval of the donation by the organization’s Board if such approval was required by that Board. Disbursements for which no documentation can be provided may not be counted as a UOP disbursement.
All documentation must be retained for a period of three (3) years from the close of the calendar year and must be made available to OCRP upon request.
Examples of expenditures that may qualify as UOP‐Charitable Donations include
- Donations to other charitable or community organizations of money or goods
purchased with charitable gaming funds.
- Assistance to persons in the community who are destitute or in financial need.
Payments should be made directly to a landlord, mortgage company, electric company, grocery store, etc on behalf of the affected person or family.
Documentation should include request for assistance, statement from the affected person or family regarding the reason assistance is needed, approval from the organization’s Board or Committee who reports to the Board, invoices, receipts or
documentation to support the check disbursed.
-
Religious donations that relate to the understanding, practice, and appreciation of religious worship, philosophy, heritage, and history of any established religion. The donation may benefit/support the clergy, religious education programs for children and adults, repairs and improvements to church structures, assistance programs by houses of worship, and purchase supplies used in religious ceremonies.
-
Community donations that relate to events or activities that benefit the general public, provide assistance to community residents, fund community‐based youth athletic teams, assist in environmental conservation projects, and sponsor any other projects that aid the community at large. Community donations also include financial contributions to community playgrounds, parks, athletic fields, or other facilities used by the general public for recreation, meetings and social activities.
-
Educational donations include purchasing textbooks; providing supplements to teacher salaries; establishing student scholarships; and purchasing pupil supplies, library books, band uniforms, band instruments, sports uniforms, sports equipment, or similar supplies for local schools.
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OCRP Guidance Document 2010‐01 Page 2
UOP – Facility Disbursements
In order for an organization to expend gaming funds for facility disbursements, their building must meet all of the following three criteria:
(cid:131) The organization owns or has an exclusive long term lease on the real property;
AND
(cid:131) The real property is used in the operation of the organization such as the meeting place, business office, or headquarters;
AND (cid:131) The real property is used for religious, charitable, community or educational purposes.
Any charitable gaming managed from or conducted on the real property must be secondary to the real property’s primary use.
If the building meets all three of the criteria stated above, organizations may disburse gaming funds for UOP‐Facility Disbursements indicated below:
(cid:131) Mortgage payments, lease payments made directly to the note holder (cid:131) Real Estate taxes (cid:131) Costs for basic utilities such as electric, gas, water/sewer service, and fuel for heating.
These basic utility expenses must be prorated as follows: If the facility is used for gaming 1 day per week, 85% of the utility is UOP‐Facility and
15% is All Other Gaming Expense.
If the facility is used for gaming 2 days per week, 70% is UOP‐Facility and 30% is All Other Gaming Expense.
Note: Only the basic utilities necessary for using the building can be considered. Costs for extra utilities such as telephone and trash removal are not considered Use of Proceeds‐Facility Disbursements. (cid:131) Repairs made to the facility.
Exceptions: gaming funds cannot be used for repairs/renovations to the sections of the facility open to members only (social quarters); nor can gaming funds be used for repairs to the area used exclusively for gaming activities (Report this expense as All Other Gaming Expense.). (cid:131) Maintenance of the real property such as central alarm systems, pest control, HVAC contracts. (cid:131) Cost of remodeling the building so that it better facilitates or promotes religious, community, charitable or educational purposes. (cid:131) Costs associated with site improvement, including outside lighting, parking lot repairs,
grounds keeping, and landscaping. (cid:131) Generally, janitorial expenses are not an allowable use of gaming funds. However, those janitorial expenses associated with the use of the facility for community, charitable,
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OCRP Guidance Document 2010‐01 Page 2
religious or educational activities (such as clean up after a worship service or Boy Scout meeting) may be considered a UOP‐Facility Disbursement.
Organizations must obtain documentation to support all facility expenditures. The documentation must include contracts, invoices, receipts, or other documentation that supports the payment. All documentation must be retained for a period of three (3) years from the close of the calendar year, and must be made available to OCRP upon request.
Disbursements made without documentation will not be counted as a UOP disbursement.
UOP – Restricted Account
A restricted account is used to accumulate funds for an organization’s long‐term goal such as the anticipated purchase of a building, the establishment of a scholarship fund, or a major charitable expenditure that will benefit the organization. A restricted account and its purpose must be approved by OCRP prior to establishing the account. The restricted account must be a
separate and secure account that is not tied to the stock market. Funds deposited into the restricted account are considered use of proceeds disbursements in the year of transfer. They are reported as Use of Proceeds – Transfers to Restricted Account on the financial reports.
Once funds are transferred to the restricted account, they can only be used for the purpose for which the account was established.
For additional information, contact Kay Cholko at (804) 371‐0511.
Virginia Commercial Dog Breeder Legislation OverviewDoc ID: 4307
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COMMONWEALTH OF VIRGINIA Department of Agriculture and Consumer Services Division of Animal and Food Industry Services Office of Veterinary Services 102 Governor Street, Richmond, Virginia 23219 Phone: 804/786-2483 Fax: 804/371-2380
INFORMATION REGARDING COMMERCIAL DOG BREEDER LEGISLATION
Virginia’s new commercial dog breeder legislation became effective on January 1, 2009, thereby creating several new sections as well as modifying some existing sections of the Comprehensive Animal Care laws. The information contained herein is intended to give dog breeders, animal control and law enforcement officers, and other interested parties guidance on these new laws. These are not state regulations.
Following these guidelines will not ensure compliance with the law. These guidelines are not intended to be used as a legal opinion. These guidelines are only intended to note how the Office of Veterinary Services (OVS) may interpret the relevant sections of Code during an investigation, but such interpretation is subject to modification due to the particular facts of any specific case.
Dog breeders should consult with their attorneys if they are uncertain if they fall under the definition of a commercial dog breeder, or have questions regarding the compliance of their operation. Violations of these laws can carry significant fines and jail time upon conviction.
Animal control or other law enforcement officers should consult with their jurisdiction’s Commonwealth’s Attorney office for guidance on enforcement of these laws. The law has specifically instructed Commonwealth’s Attorneys to prosecute violations.
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These guidelines will cover the following sections of the Virginia Comprehensive Animal Care laws created or modified by the Commercial Breeder Bill:
Section 3.2-6500; Definitions page 2 Section 3.2-6507.1; Business licenses page 3 Section 3.2-6507.2; Requirements page 3 Dog number limit page 3 Breeding restrictions page 4 Disposition page 4 Disposal of dead dogs page 4 Disposal of dog waste page 5 Recordkeeping page 5
Section 3.2-6507.3; Right of entry page 7 Section 3.2-6507.4; Releasing agencies page 7 Section 3.2-6507.5; Penalties page 8 Section 3.2-6507.6; Prosecution page 8 Section 3.2-6511.1; Sale to pet shops page 8 Section 3.2-6555; Animal control officers page 10 Section 3.2-6570.1, Sale after conviction page 10
It must be remembered that commercial dog breeders must comply with all other relevant provisions of the Comprehensive Animal Care laws and other Virginia laws, including but not limited to Section 3.2-6503 pertaining to the care of companion animals by their owner, Section 3.2-6521 pertaining to rabies vaccination, Section 3.2-6524 pertaining to licensing, and Section 3.2-6570 pertaining to animal cruelty.
Section 3.2-6500: Definitions
“Commercial dog breeder” means any person who, during any 12-month period, maintains 30 or more adult female dogs for the primary purpose of the sale of their offspring as companion animals.
Every word in this definition is critical, and each criterion it establishes needs to be met in order for a breeder of dogs to be considered a commercial dog breeder. Breeders and animal control officers should consult an attorney if further clarification on this definition is required. The key words to consider when deciding if this definition fits an individual breeder are as follows:
(cid:1) Person is defined in Section 3.2-6500 as “any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity.” Generally, a married couple is considered one legal entity under law.
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(cid:1) Maintains is not defined under Section 3.2-6500. Maintain is defined by the
American Heritage Dictionary as “to keep in existence; sustain.” It does not necessarily mean legal ownership. Thus, any person who is responsible for the care of 30 or more adult female dogs regardless of ownership may be considered under this definition. (cid:1) Adult is not defined under Section 3.2-6500. Adult is defined by the American Heritage Dictionary as “fully grown, mature.” Though the veterinary community uses several criteria to determine maturity (such as radiographic evidence of bone physis closure or onset of estrus), there is no universally accepted definitive test of maturity. Section 3.2-6507.2 establishes 18 months as the threshold for fitness to reproduce, so by correlation 18 months can be considered the age at which a female dog is considered adult for the purposes of this law. (cid:1) Primary is not defined under Section 3.2-6500. Primary is defined by the American Heritage Dictionary as “first or highest in rank, quality, or importance;
principal.” In order to meet the definition, a breeder would have to be engaged in breeding primarily for the sale of offspring. If the primary purpose of the female dog is for something other then breeding, such other use should be clear and able to be demonstrated. (cid:1) Sale is not defined under Section 3.2-6500. Sale is defined by the American Heritage Dictionary as “the exchange of goods or services for an amount of money or its equivalent; the act of selling.” The breeder will need to be compensated for any animals they transfer ownership of under this definition. (cid:1) Companion animal as defined under Section 3.2-6500 includes any domestic or feral dog. Therefore, all dogs under Virginia law are sold as companion animals.
Persons breeding dogs for the sale of their offspring whose end purpose is not commonly viewed as companionship (such as hunting, sport, or service dogs) are not excluded from this legislation.
Section 3.2-6507.1: Business license required
No commercial dog breeder shall breed dogs in the Commonwealth without a valid business license issued by any locality, as applicable, where he maintains dogs for the purpose of commercial dog breeding.
(cid:1) This requirement applies only if a local business license is available. (cid:1) If the breeder maintains their dogs in a city, the city would need to require a business license. If the breeder maintains their dogs in a county, the county or recognized subdivision (such as a town) or both would need to require a business license. (cid:1) This law does not establish any statewide license requirement for dog breeders.
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Section 3.2-6507.2: Commercial dog breeding; requirements
Commercial dog breeders shall
- Maintain no more than 50 dogs over the age of one year at any time for breeding purposes. However, a higher number of dogs may be allowed if approved by local ordinance after a public hearing. Any such ordinance may include additional requirements for commercial breeding operations;
(cid:1) This requirement applies only to persons who meet the definition of a commercial dog breeder, thus people who keep 30 or more adult female dogs for purposes other than sale of their offspring are not affected. (cid:1) The word “adult” is not used in this requirement, but rather over the age of one year. Therefore, it needs be established that any dog over one year of age is
intended for breeding purposes in order for it to count towards the total. A general rule of thumb would be that any sexually intact dog over one year of age is intended for breeding purposes, unless the owner can clearly demonstrate that some other purpose is intended. However, an attorney should be consulted if there is confusion regarding the standing of female dogs between 12 and 18 months of age. (cid:1) Due to other provisions of this legislation, female dogs that are either over eight years of age or deemed in unsuitable health for breeding by a veterinarian should in general not be counted towards the 50 dog limit as they cannot be legally used for breeding purposes. An attorney should be consulted if there is confusion regarding the legal status of such animals. (cid:1) A local ordinance, adopted after a public hearing, can override this requirement.
The number established by the local ordinance would therefore override the state maximum of 50 dogs over one year of age. However, the local ordinance would apply only in that locality.
- Breed female dogs only: (i) after annual certification by a licensed veterinarian that the dog is in suitable health for breeding; (ii) after the dog has reached the age of 18 months; and (iii) if the dog has not yet reached the age of 8 years;
(cid:1) “Suitable health for breeding” is not defined under section 3.2-6500 or under section 3.2-6507.2. Licensed veterinarians will need to determine if each dog presented to them for annual certification is in suitable health for breeding based on their professional expertise. (cid:1) The law does not provide or prescribe a format for the annual certification. OVS recommends that the annual certificate include at a minimum the identity and description of the animal (name or other identification for the animal, age, breed, color, sex, and weight of the animal), a statement indicating that the dog is in suitable health for breeding, and the examining veterinarian’s name, address, and signature. (cid:1) The law does not allow for any exceptions to the 18-month minimum or 8-year maximum age for breeding. A veterinarian cannot waive these restrictions based
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on examination of the animal, nor can any state or local government grant an exemption. These age limits apply only to commercial dog breeders.
- Dispose of dogs only by gift, sale, transfer, barter, or euthanasia by a licensed veterinarian;
(cid:1) Gift is defined by the American Heritage Dictionary as something that is bestowed voluntarily and without compensation. (cid:1) Sale is defined by the American Heritage Dictionary as the exchange of goods or services for an amount of money or its equivalent; the act of selling. (cid:1) Transfer is defined by the American Heritage Dictionary as to make over the possession or legal title of; convey. (cid:1) Barter is defined by the American Heritage Dictionary as to trade goods or services without the exchange of money. (cid:1) Only a licensed veterinarian can perform euthanasia. Under Section 3.2-6503,
euthanasia must be performed if warranted. Therefore, any dogs requiring euthanasia must be brought to a veterinarian. There is no scope under this legislation for a commercial dog breeder to kill a dog or cause a dog to be killed by anyone other then a licensed veterinarian.
- Dispose of deceased dogs in accordance with § 3.2-6554;
(cid:1) 3.2-6554 states: “The owner of any companion animal shall forthwith cremate, bury, or sanitarily dispose of the animal upon its death. If, after notice, any owner fails to do so, the animal control officer or other officer shall bury or cremate the companion animal, and he may recover on behalf of the local jurisdiction from the owner his cost for this service.” (cid:1) Burial is not an acceptable disposal option in every locality as it may be disallowed under local, state, or federal regulations. Sanitary disposal by other means should be by a method approved by the Virginia Department of Health or
the Virginia Department of Environmental Quality.
- Dispose of dog waste in accordance with state and federal laws and regulations;
(cid:1) The Department of Environmental Quality does not currently have any specific laws or regulations for the disposal of dog waste, but it does regulate the storage, treatment, and land application of sewage and wastewater. Issues regarding disposal of dog waste are often site specific and a permit may or may not be required of individuals. Animal control officers and commercial breeders should contact the Department of Environmental Quality if there are questions regarding compliance with this provision. (cid:1) The EPA currently has no laws or regulations specifically regarding disposal of dog waste.
6. Maintain accurate records for at least five years including
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(cid:1) Records should be maintained on each dog for at least five years after the date of
final disposition. (cid:1) Records should be organized and legible.
a. The date on which a dog enters the operation;
(cid:1) For dogs located on the premises before 1/1/09, records should indicate the date the dog entered the operation. If such date is not known, an estimated date of entry should be included in the record. Records should indicate when an entry date is an estimate. (cid:1) For dogs born on the premises, the date the dog enters the operation is the same as the date of birth. (cid:1) Exact date the dog enters the operation should be included in records for all dogs entering after 1/1/09.
b. The person from whom the animal was purchased or obtained, including the address and phone number of such person;
(cid:1) Should include full name and current physical address at the time the dog was purchased or obtained.
c. A description of the animal, including the species, color, breed, sex, and approximate age and weight;
(cid:1) If the breed, age, or weight of an animal on the premises on 1/1/09 is unknown, estimate the information and indicate in the record that such information is an approximation. Commercial dog breeders should have scales available to capture weights. (cid:1) Description, age, and weight at date of entry should be captured for dogs
arriving on the premises after 1/1/09.
d. Any tattoo, microchip number, or other identification number carried by or appearing on the animal;
(cid:1) Other identification number could include: rabies tag number, license number, or other tag numbers. (cid:1) Section 3.2-6524 of the Code of Virginia requires licensure of all dogs maintained by persons other than releasing agencies. This applies to all dogs held by commercial breeders. The license number should therefore be part of the record.
e. Each date that puppies were born to such animal and the number of puppies;
(cid:1) This number should include all puppies born to such animal, whether stillborn
or alive.
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f. All medical care and vaccinations provided to the animal, including certifications required by a licensed veterinarian under this chapter; and
(cid:1) This should include all medical care and vaccines provided, whether provided by the owner or by a licensed veterinarian. (cid:1) Rabies vaccines must be administered to all dogs over four moths of age by a licensed veterinarian as per Section 3.2-6521. Rabies vaccines administered by the breeder are not recognized as valid under this section. The rabies certificate should be included in the record. (cid:1) Section 3.2-6503 requires each owner to provide his companion animals with veterinary care when needed or to prevent suffering or disease transmission.
Such veterinary care can be provided only by a licensed veterinarian upon examination of the animal. (cid:1) The law does not specify what the record of vaccinations should contain. For
reference, a complete record should include: The name and type of vaccine, date the vaccine was given, route of administration, name of the individual administering the vaccine, the lot number on the vaccine, the manufacturer of the vaccine, and the date when the next booster is due. (cid:1) The law does not specify what the record of medical care should contain. For reference, a thorough medical care record should include: Date medical attention was sought, presenting complaint or problem, name and address of treating veterinarian, diagnosis, and treatment if prescribed. (cid:1) Annual certification of suitable health for breeding for female dogs over 18 months of age.
g. The disposition of each animal and the date.
(cid:1) This is the final disposition of the animal, the reason and date it leaves the commercial dog breeder’s premises. If the animal returns to the premises a new record would need to be established unless the original record was still
maintained by the breeder. (cid:1) Again, the only options for final disposition are: gift, sale, transfer, barter, or euthanasia by a licensed veterinarian.
Section 3.2-6507.3: Right of entry
A. The Commissioner, the State Veterinarian or his assistant, any animal control officer, and any public health or safety official employed by the locality where a commercial dog breeder resides or maintains breeding operations may, upon receiving a complaint or upon his own motion, investigate any violation of the provisions of this chapter. Such investigation may include (i) the inspection of the books and records of any commercial dog breeder, (ii) the inspection of any companion animal owned by the commercial dog breeder, and (iii) the inspection of
any place where animals are bred or maintained. In conducting the inspection, the
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Commissioner or animal control officer may, during daytime hours, enter any premises where animals may be bred or maintained.
B. Any commercial dog breeder who is the subject of an investigation by the Commissioner, the State Veterinarian, or an animal control officer shall, upon request, provide assistance to the Commissioner, the State Veterinarian, or the animal control officer in making any inspection authorized by this section.
(cid:1) During daytime hours, any of the individuals listed above have the right to inspect the premises of a commercial dog breeder, the dogs they maintain, and any records required by this legislation at least twice annually. Commercial dog breeders must allow entry and provide assistance to the investigator as requested. (cid:1) Commercial dog breeders must cooperate with such inspections, and provide access to all records that are required by this legislation.
Section 3.2-6507.4: Concurrent operation of releasing agency prohibited
It is unlawful for a commercial dog breeder to operate or maintain a controlling interest in any releasing agency.
(cid:1) “Controlling interest” is not defined under section 3.2-6507.4 or under section
- 2-6500. Controlling interest is defined by the American Heritage Dictionary as “the ability to exercise authoritative or dominating influence over” in this case a releasing agency. (cid:1) “Releasing agency” is defined in section 3.2-6500 which states: “Releasing agency means a pound, animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar
entity or home-based rescue, that releases companion animals for adoption.” (cid:1) Commercial dog breeders therefore cannot manage, direct, own or otherwise provide leadership to any animal shelter or home-based animal rescue organization, regardless of the species of animals it deals with. This should not generally prevent them from working for or volunteering with such an organization in a non-leadership capacity. Animal control officers and breeders should consult an attorney if compliance with this provision is not clear.
Section 3.2-6507.5: Penalty
Any commercial dog breeder violating any provision of this article is guilty of a Class 1 misdemeanor.
(cid:1) As this section refers to any provision of this article, violating any portion of the
entire commercial dog breeder legislation (limits on number of dogs, annual
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veterinary examination, recordkeeping, disposition, providing access, and so forth) will constitute a Class 1 misdemeanor. (cid:1) Section 18.2-11 of the Code of Virginia provides the penalties for misdemeanor convictions. “For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.”
Section 3.2-6507.6: Duty of attorneys for the Commonwealth.
It shall be the duty of each attorney for the Commonwealth to enforce this article.
(cid:1) This section indicates that the General Assembly of Virginia, in passing this law,
expects elected Commonwealth’s Attorneys to prosecute violations of these laws brought to them by animal control officers or other law enforcement officers.
Section 3.2-6511.1: Pet shops; procurement from unlicensed commercial dog breeders; penalty
A. It is unlawful for a pet shop to sell or offer for sale any dog procured from a person who is not a dealer or licensed by the U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder.
B. It shall be unlawful for any commercial dog breeder who is not licensed by the U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7
U. S.C. § 2131 et seq.) or regulations adopted thereunder to sell any dog to a pet shop, unless such commercial dog breeder maintains a valid and current USDA dealer's permit.
(cid:1) These subsections are complex, as they deal with both state and federal law and use terms that can be defined differently under both sets of laws. Briefly, they mean that in order for a commercial dog breeder as defined under Virginia law to sell dogs to a pet shop they must be currently licensed as a dealer by the USDA under the Animal Welfare Act. Commercial dog breeders can still sell directly to the public without a USDA license as long as they comply with all provisions of the commercial dog breeder legislation and other relevant Virginia laws. (cid:1) The intent of this section regarding which persons pet shops themselves may procure dogs from is unclear. Animal control or law enforcement officers who wish to investigate pet shop dog procurement should only do so after consultation with their jurisdiction’s Commonwealth’s Attorney’s office. (cid:1) “Pet shop” is defined under Section 3.2-6500, which states: “Pet shop means an establishment where companion animals are bought, sold, exchanged, or offered
for sale or exchange to the general public.”
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(cid:1) The federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) requires people who
breed dogs for sale at the wholesale level to be licensed as a dealer with the United States Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). There are some exemptions, but they would not apply to breeders who fit the definition of a commercial dog breeder under Virginia law.
In order to be licensed by the USDA, commercial dog breeders must comply with federal regulations concerning animal care, veterinary care, and recordkeeping and are subject to inspection by APHIS employees. These requirements are separate and distinct from Virginia’s requirements, and compliance with federal regulations does not ensure compliance with Virginia law. (cid:1) “USDA dealer’s permit” as used in Subsection B of this section does not currently exist; only a dealer’s license is offered. Therefore, any commercial dog breeder who sells animals to a pet store must have a current, valid USDA dealer’s license.
C. Any person violating any provision of this section is guilty of a Class 1 misdemeanor.
(cid:1) This penalty would apply to both the commercial dog breeder selling the dogs and the pet shop buying them. (cid:1) Section 18.2-11 of the Code of Virginia states the punishment for conviction of a misdemeanor. (cid:1) “For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.”
Section 3.2-6555. Position of animal control officer created
Commercial dog breeding locations shall be subject to inspection by animal control
at least twice annually and additionally upon receipt of a complaint or their own motion to ensure compliance with state animal care laws and regulations.
(cid:1) Every location where commercial dog breeding occurs can be inspected at least twice a year by animal control officers, and more frequently if bona fide complaints are received. (cid:1) Animal control officers can expect public demand for verification of such inspections. (cid:1) A sample Commercial Breeder Inspection Form is attached. This form can be adopted or modified by animal control officers as they see fit.
Section 3.2-6570.1: Sale of animals after cruelty or neglect conviction; penalty
Any person who has been convicted of a violation of any law concerning abuse, neglect, or cruelty to animals who sells, offers for sale, or trades any companion
January 20, 2009 10
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animal is guilty of a Class 1 misdemeanor. However, a person may dispose of animals under the provisions of a court order.
(cid:1) Section 18.2-11 of the Code of Virginia States the punishment for conviction of a misdemeanor: “For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.” (cid:1) Consult with your Commonwealth’s Attorney for guidance on the application of this section.
January 20, 2009 11
Virginia Violation Processing ProceduresDoc ID: 5030
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Virginia Department of Agriculture and Consumer Services Division of Consumer Protection
Administrative Procedure for Processing Violations for Assessment of
Civil Penalties and Action on Certificates, Licenses, and Registrations (Approved by Board of Agriculture and Consumer Services August 7, 2012)
Decision-Maker Activity Enforcement or Field Review reports, photographs, laboratory analysis reports, sample results, and other Supervisor supporting documentation to ensure record of inspection, investigation, monitoring, or observation is complete, clearly written, and the findings are well-documented; contact investigator or inspector if additional information is needed; determine if a possible violation of assigned statutes or regulations occurred.
For routine inspections, if no violation was found, close case and update appropriate Enforcement Case Review & Actions database.
For a complaint investigation in which no violation was found, close case and update appropriate Enforcement Case Review & Actions database. Forward to Compliance Officer.
If possible violation occurred, update appropriate Enforcement Case Review & Actions database and forward record to Compliance Officer.
Compliance Officer Review record received from the Enforcement Supervisor or Field Supervisor to ensure it contains proper documentation to substantiate possible violation(s); contact investigator or inspector if additional information is needed.
If conditions do not warrant compliance action, close case and update appropriate
Enforcement Case Review & Actions database.
For a complaint investigation in which no violation was found, send results of investigation to complainant.
If violative conditions do not warrant a civil penalty, send a Letter of Caution to respondent. If case resulted from complaint investigation, send results of investigation to complainant. Update appropriate Enforcement Case Review &
Actions database.
If violative conditions warrant a civil penalty, calculate amount of penalty in accordance with applicable penalty matrix. If case resulted from complaint investigation, send results of investigation to complainant.
[TABLE 1-1] Decision-Maker | Activity Enforcement or Field Supervisor | Review reports, photographs, laboratory analysis reports, sample results, and other supporting documentation to ensure record of inspection, investigation, monitoring, or observation is complete, clearly written, and the findings are well-documented; contact investigator or inspector if additional information is needed; determine if a possible violation of assigned statutes or regulations occurred.
For routine inspections, if no violation was found, close case and update appropriate Enforcement Case Review & Actions database.
For a complaint investigation in which no violation was found, close case and update appropriate Enforcement Case Review & Actions database. Forward to Compliance Officer.
If possible violation occurred, update appropriate Enforcement Case Review & Actions database and forward record to Compliance Officer.
Compliance Officer | Review record received from the Enforcement Supervisor or Field Supervisor to ensure it contains proper documentation to substantiate possible violation(s); contact investigator or inspector if additional information is needed.
If conditions do not warrant compliance action, close case and update appropriate Enforcement Case Review & Actions database.
For a complaint investigation in which no violation was found, send results of investigation to complainant.
If violative conditions do not warrant a civil penalty, send a Letter of Caution to respondent. If case resulted from complaint investigation, send results of investigation to complainant. Update appropriate Enforcement Case Review & Actions database.
If violative conditions warrant a civil penalty, calculate amount of penalty in accordance with applicable penalty matrix. If case resulted from complaint investigation, send results of investigation to complainant.
[/TABLE]
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Decision-Maker Activity Compliance Officer If Civil Penalty is $2,500 or less, mail Notice of Violation and civil penalty (cont’d) assessment to respondent along with payment statement and notification that the civil penalty can be appealed in a fact-finding conference authorized by § 2.2-4019 of the Code of Virginia (the Code); inform respondent that request for fact-finding
conference must be made in writing to the Commissioner within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
If Civil Penalty is greater than $2,500, forward to Program Manager for review and approval.
If denial, suspension, revocation, or modification of a license, certificate, or
registration is involved alone or in conjunction with a civil penalty, forward to Program Manager for review and approval.
At the discretion of the Compliance Officer, the civil penalty assessment may be prepared in the form of a Consent Agreement.
Program Manager If Civil Penalty greater than $2,500 is approved, return to Compliance Officer for
mailing to respondent.
If Civil Penalty greater than $2,500 is NOT approved, return to Compliance Officer for reassessment of penalty.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is approved, return to Compliance Officer for mailing to respondent.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is NOT approved, return to Compliance Officer for reassessment.
Compliance Officer Mail Notice of Violation and civil penalty assessment with payment statement to respondent; include notification that the civil penalty can be appealed in a fact-finding conference authorized by § 2.2-4019 of the Code; inform respondent that
request for fact-finding conference must be made in writing to the Commissioner within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
If action is NOT approved, reassess and resubmit action for approval or close case; update appropriate Enforcement Case Review & Actions database.
Commissioner Upon receipt of properly filed written request for Fact-Finding Conference, appoint a Conference Officer; instruct Compliance Officer to schedule the Fact-Finding Conference.
[TABLE 2-1] Decision-Maker | Activity Compliance Officer (cont’d) | If Civil Penalty is $2,500 or less, mail Notice of Violation and civil penalty assessment to respondent along with payment statement and notification that the civil penalty can be appealed in a fact-finding conference authorized by § 2.2-4019 of the Code of Virginia (the Code); inform respondent that request for fact-finding conference must be made in writing to the Commissioner within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
If Civil Penalty is greater than $2,500, forward to Program Manager for review and approval.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty, forward to Program Manager for review and approval.
At the discretion of the Compliance Officer, the civil penalty assessment may be prepared in the form of a Consent Agreement.
Program Manager | If Civil Penalty greater than $2,500 is approved, return to Compliance Officer for mailing to respondent.
If Civil Penalty greater than $2,500 is NOT approved, return to Compliance Officer for reassessment of penalty.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is approved, return to Compliance Officer for mailing to respondent.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is NOT approved, return to Compliance Officer for reassessment.
Compliance Officer | Mail Notice of Violation and civil penalty assessment with payment statement to respondent; include notification that the civil penalty can be appealed in a fact-finding conference authorized by § 2.2-4019 of the Code; inform respondent that request for fact-finding conference must be made in writing to the Commissioner within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
If action is NOT approved, reassess and resubmit action for approval or close case; update appropriate Enforcement Case Review & Actions database.
Commissioner | Upon receipt of properly filed written request for Fact-Finding Conference, appoint a Conference Officer; instruct Compliance Officer to schedule the Fact-Finding Conference.
[/TABLE]
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Decision-Maker Activity Compliance Officer Upon instruction from Commissioner, schedule Fact-Finding Conference with Conference Officer appointed by Commissioner; notify respondent and investigator or inspector of the location, date, and time of Fact-Finding Conference; update appropriate Enforcement Case Review & Actions database.
Conference Officer Hold Fact-Finding Conference to consider all relevant information on case;
Conference Officer may affirm, raise, lower, or abate a penalty, or may negotiate a settlement based on new information; notify the respondent of decision in writing.
Notify respondent of right to appeal the decision of Fact-Finding Conference in a Formal Hearing authorized by §2.2-4020 of the Code; notify respondent that
request for a Formal Hearing must be made in writing to the Commissioner within 15 calendar days after receipt of Conference Officer decision.
Commissioner Upon receipt of properly filed written request for a Formal Hearing, request appropriate Program Manager to arrange for a Hearing Officer.
Program Manager Upon instruction from Commissioner, arrange for a Court-appointed attorney to act as Hearing Officer; arrange location of Formal Hearing; arrange for a Court Reporter;
notify investigator or inspector; cause the update of the appropriate Enforcement Case Review & Actions database.
Hearing Officer Hold Formal Hearing to hear relevant information about case; consider the facts of all violations identified in the case; evaluate the civil penalty and/or the denial, suspension, revocation, or modification of a license, certificate, or registration;
Hearing Officer may recommend affirming, raising, lowering, or abating a penalty, or
may recommend another outcome; transmit findings and recommendations to the Board and the respondent within 30 days of the Formal Hearing; inform respondent of their right under § 2.2-4021(A) to address the Board.
Program Manager Notify respondent in writing of the date and time of the meeting during which the Board will consider the recommendations of the Hearing Officer; notify respondent of their right under § 2.2-4021(A) to address the Board.
Board Consider recommendations from Formal Hearing; provide opportunity for final arguments from VDACS and respondent; render decision; inform respondent that decision can be appealed to Circuit Court for judicial review; instruct VDACS staff to notify respondent in writing of the Board’s decision within 30 days of such decision, including notification of right to appeal to Circuit Court; instruct VDACS staff to send transcripts and all case materials to appropriate program for filing.
Compliance Officer Update appropriate Enforcement Case Review & Actions database.
[TABLE 3-1] Decision-Maker | Activity Compliance Officer | Upon instruction from Commissioner, schedule Fact-Finding Conference with Conference Officer appointed by Commissioner; notify respondent and investigator or inspector of the location, date, and time of Fact-Finding Conference; update appropriate Enforcement Case Review & Actions database.
Conference Officer | Hold Fact-Finding Conference to consider all relevant information on case;
Conference Officer may affirm, raise, lower, or abate a penalty, or may negotiate a settlement based on new information; notify the respondent of decision in writing.
Notify respondent of right to appeal the decision of Fact-Finding Conference in a Formal Hearing authorized by §2.2-4020 of the Code; notify respondent that request for a Formal Hearing must be made in writing to the Commissioner within 15 calendar days after receipt of Conference Officer decision.
Commissioner | Upon receipt of properly filed written request for a Formal Hearing, request appropriate Program Manager to arrange for a Hearing Officer.
Program Manager | Upon instruction from Commissioner, arrange for a Court-appointed attorney to act as Hearing Officer; arrange location of Formal Hearing; arrange for a Court Reporter; notify investigator or inspector; cause the update of the appropriate Enforcement Case Review & Actions database.
Hearing Officer | Hold Formal Hearing to hear relevant information about case; consider the facts of all violations identified in the case; evaluate the civil penalty and/or the denial, suspension, revocation, or modification of a license, certificate, or registration;
Hearing Officer may recommend affirming, raising, lowering, or abating a penalty, or may recommend another outcome; transmit findings and recommendations to the Board and the respondent within 30 days of the Formal Hearing; inform respondent of their right under § 2.2-4021(A) to address the Board.
Program Manager | Notify respondent in writing of the date and time of the meeting during which the Board will consider the recommendations of the Hearing Officer; notify respondent of their right under § 2.2-4021(A) to address the Board.
Board | Consider recommendations from Formal Hearing; provide opportunity for final arguments from VDACS and respondent; render decision; inform respondent that decision can be appealed to Circuit Court for judicial review; instruct VDACS staff to notify respondent in writing of the Board’s decision within 30 days of such decision, including notification of right to appeal to Circuit Court; instruct VDACS staff to send transcripts and all case materials to appropriate program for filing.
Compliance Officer | Update appropriate Enforcement Case Review & Actions database.
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Livestock and Poultry Civil Penalty GuidelinesDoc ID: LIVESTOCK
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Virginia Livestock and Poultry Law and Related Regulations Civil Penalty Matrix Guidelines for Enforcement
SECTION 1: AUTHORITY Statutory Authority: § 3.2-6044 of the Code of Virginia (1950), as amended.
SECTION 2: DEFINITIONS The following words and terms, when used in these guidelines, shall have the following meanings, unless the context clearly indicates otherwise:
“Board” means the Board of Agriculture and Consumer Services.
“Hearing officer” means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § 2.2-4024 of the Code of Virginia.
“Notice of Alleged Violation and Penalty Assessment” means a written notification from the case reviewer to the person or facility alleged to have committed a violation of the Virginia Livestock and Poultry Law, with the exception of § 3.2-6023 of the Law, or regulations adopted pursuant to the Law that identifies the specific violation(s) committed and indicates the amount of the civil penalties based on the included Civil Penalty Matrix.
“Program Manager” means the manager of the Office of Veterinary Services within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services or a person designated as the Program Manager by the State Veterinarian who works under the direction of the State Veterinarian.
“Responsible party” means the person or business alleged to have violated the Virginia Livestock and Poultry Law, with the exception of § 3.2-6023 of the Law, or regulations adopted pursuant to the Law.
“Virginia Livestock and Poultry Law” or “Law” means Chapter 60 of Title 3.2 of the Code of Virginia.
SECTION 3: PROVISION FOR CIVIL PENALTIES GENERALLY Any responsible party violating any section of the Virginia Livestock and Poultry Law, with the exception of § 3.2-6023 the Law, or regulations adopted pursuant to the Law may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. 1
SECTION 4: PROCEDURE FOR CIVIL PENALTY ASSESSMENT
A. Witness of Alleged Violation An Office of Veterinary Services (OVS) staff member, upon witness of an alleged violation of the Virginia Livestock and Poultry Law, with the exception of § 3.2-6023 the Law, or regulations adopted pursuant to the Law, shall submit documentation of proof of alleged violation, including all relevant facts, for review to the appropriate OVS personnel according to the table below or to other OVS staff designated by the State Veterinarian.
Staff member noting alleged violation Case Reviewer Livestock Inspector Livestock Inspector Senior Livestock Inspector Senior Regional Veterinary Supervisor Regional Veterinary Supervisor Richmond Staff Veterinarian Richmond Staff Veterinarian Regional Veterinary Supervisor
B. Notice of Alleged Violation Upon review of the documentation of proof of alleged violation, if the OVS Case Reviewer concurs that an alleged violation has occurred, he shall mail, by certified mail, the Notice of Alleged Violation and Penalty Assessment, including all documentation of relevant facts, notice of civil penalty amount, and consent resolution to the responsible party. The notice shall advise the responsible party that he may (i) agree to the assessment, sign a consent resolution, waive his rights to an informal fact finding conference pursuant to § 2.2-4019 of the Code of Virginia (Code), and pay the civil penalty (due within 30 days after the date of receipt by the responsible party) or (ii) request an informal fact finding conference pursuant to § 2.2-4019 of the Code.
C. Informal Fact Finding Conference Should the responsible party dispute the initial alleged violation and civil penalty assessed, the responsible party shall request an informal fact finding conference within 30 days of receipt of the Notice of Alleged Violation and Penalty Assessment. The Program Manager will hold an informal fact finding conference pursuant to § 2.2-4019 of the Code prior to making a case decision.
Following the informal fact finding conference, the Program Manager will send to the responsible party a written final notice of the findings via certified mail along with the fact basis for the findings and the civil penalty assessed.
D. Formal Hearing The responsible party may appeal a case decision by the Program Manager to the Board pursuant to § 2.2-4020 of the Code. If the responsible party intends to appeal the final notice of the Program Manager, he shall notify the Secretary of the Board in writing within 30 days following his receipt of the Program Manager’s findings. The Secretary of the Board will arrange for a hearing officer, arrange the location of the formal hearing, and arrange for a court reporter. The hearing officer will hear the relevant information about the case, consider the facts of all violations identified in the case, and evaluate the civil penalty assessed. The hearing officer shall transmit his findings and recommendations to the Board as required in § 2.2-4024(D) of the Code and inform the respondent of his right under § 2.2-4021(A) of the Code to address the Board. The Board shall consider the findings and recommendations of the hearing officer and render a case decision within the timeframe established in § 2.2-4021(C) of the Code. The Board may establish limits on how much time the representative of the responsible party will be afforded to address the Board with respect to the formal hearing officer’s findings and recommendations. 2
SECTION 5: ASSESSMENT OF SEPARATE VIOLATIONS A. Each violation of the Virginia Livestock and Poultry Law, with the exception of § 3.2-6023 the Law, or regulations adopted pursuant to the Law shall be assessed separately for the purpose of determining the total civil penalty assessment.
B. In the event of a fifth or more occurrence of a violation within a period of five calendar years, a civil penalty shall be assessed in accordance with Section 7 of these guidelines separately for each day of the violation, beginning with the date of notification of the alleged violation and ending with the date of abatement, to a maximum of $1,000 per violation.
SECTION 6: RECOVERY OF CIVIL PENALTIES, USE OF CIVIL PENALTY FUNDS If the civil penalty is not paid within the allowed time period, the case will be referred to the Office of the Attorney General for further action. All civil penalties assessed and not paid within the specified time shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall be paid into the state treasury and credited to the Livestock and Poultry Disease Fund, as prescribed in § 3.2-6045 of the Law.
SECTION 7: DETERMINATION OF CIVIL PENALTY The following matrix will be used to determine the dollar amount of civil penalties to be assessed for violations. Cumulative penalties, where indicated, will be assessed for each day of the period from the day of the first violation through the day of the current violation, up to a maximum of $1,000. When noted in the following matrix, the responsible party shall be educated on the relevant law or regulation to which the first violation occurred. When noted in the following matrix for second violations, the responsible party shall be issued a warning letter via certified mail detailing the violation and informing the responsible party of the potential for civil penalty assessment. When evidence suggests that the responsible party has intentionally falsified records required by the Virginia Livestock and Poultry Law, with the exception of § 3.2-6023 the Law, or regulations adopted pursuant to the Law, the Case Reviewer shall assess the civil penalty as if the violation is the fourth occurrence of the violation. 3 Violation Penalty 4th and 1st 2nd 3rd Authority Category of Violation Subsequent Violation Violation Violation Violation
2 VAC 5-70-20 Failure to observe Education Warning $50 $100 requirement for official negative test for equine infectious anemia
2 VAC 5-141-35 Importation of agricultural Education Warning $50 $100 animals, companion animals or any other animals or birds into Virginia without an official certificate of veterinary inspection or alternate movement documentation
2 VAC 5-141-40 thru Failure to observe all Education Warning $50 $100 2 VAC 5-141-130 relevant import requirements, except for the certificate of veterinary inspection, in the importation of animals into Virginia
2 VAC 5-61-20, Failure to register a livestock Education Warning $50 $100 2 VAC 5-170-30 market or poultry dealer
2 VAC 5-61-40, Failure of a poultry dealer or Education Warning $50 $100 2 VAC 5-170-50 livestock marketing facility to maintain accurate records
2 VAC 5-61-60 Failure to properly maintain Warning $50 $100 $250 a livestock marketing facility
2 VAC 5-61-30 Failure to officially identify Education Warning $50 $100 livestock
Va. Code § 3.2-6016 Intentional alteration or $100 $250 $500 $750 removal of official identification of livestock
2VAC 5-40-40 Failure to observe $50 $100 $250 $500 requirements for limited movement and permits for Tuberculosis positive reacting cattle
Va. Code § 3.2-6032 Feeding of garbage to swine Education Warning $50 $100
4 Violation Penalty 4th and 1st 2nd 3rd Authority Category of Violation Subsequent Violation Violation Violation Violation Va. Code §§ 3.2-6010, Failure to observe any $100 $250 $500 $750
- 2-6011, 3.2-6043(B) proclamation issued by the State Veterinarian
Va. Code §§ 3.2-6003, Failure to observe and/or $250 $500 $750 $1,000
- 2-6005, 3.2-6007, meet all requirements of a
- 2-6043 Notice of Quarantine
Va. Code §§ 3.2-6008, Failure to meet all $250 $500 $750 $1,000
- 2-6009, 3.2-6043(B) requirements of a destruction order issued by the State Veterinarian
Va. Code § 3.2-6000 et Other violation of Education Warning $50 $100 seq. and regulations Va. Code § 3.2-6000 et seq. and regulations adopted adopted pursuant pursuant thereto thereto
Revised December 12, 2019
5
Virginia Honey Bee Hive Entry RequirementsDoc ID: 756
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Entry Requirements for Honey Bee Hives and Appliances
In accordance with the Virginia Beekeeping Act, §3.2-4405 of the Code of Virginia, any person desiring to bring any bees on combs, empty used combs, used hives, or other used apiary appliances must obtain an entry permit from the Virginia Department of Agriculture and Consumer Services (VDACS) before transport of the item or items into the Commonwealth of Virginia.
A request for an entry permit must be accompanied by evidence of inspection from the state of origin indicating the occurrence and extent of any honey bee disease or pest infestation, including but not limited to American foulbrood, small hive beetle (SHB), and African or Africanized honey bee (AHB).
A EUROPEAN HONEY BEE (EHB) CERTIFICATE or other proof of genetic origin must be issued by the state of origin for hives or nucleus colonies shipped from a state infested with AHB. A copy of the certificate or other document stating EHB status must be included with each shipment. In addition, all queens originating from an AHB infested state must be clipped and marked prior to shipment.
Hives, nucleus colonies, comb, and beekeeping appliances that exhibit a honey bee contagious disease
or pest infestation shall be prohibited entry into the Commonwealth.
An entry permit request must include the anticipated entry and departure dates and intended destination
of honey bee hive(s) or other items entering the Commonwealth.
Hives, nucleus colonies, comb, and beekeeping appliances entering Virginia are subject to inspection by the VDACS apiary inspection service to determine the occurrence and extent of any disease or pest infestation.
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The owner of a hive, nucleus colony, comb, or beekeeping appliance found to be infested with SHB must remove the item from the Commonwealth or destroy the item within 10 days after notification by the State Apiarist or VDACS employee. In addition, the owner is required to treat the soil immediately around the SHB infested item with a soil drench pesticide approved by the United State Environmental Protection Agency to control SHB larvae development and adult beetle emergence.
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The owner of a hive, nucleus colony, comb, or beekeeping appliance found to be infested with AHB must remove the item from the Commonwealth or depopulate the item within 10 days after notification by the State Apiarist or VDACS employee.
For additional information contact the Virginia Department of Agriculture, Office of Plant Industry Services, at 804-786-3515 or email VABees@vdacs.virginia.gov.
Updated 12/16
Commercial Applicator Certification ProceduresDoc ID: 5023
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
OFFICE OF PESTICIDE SERVICES
CERTIFICATION, LICENSING, REGISTRATION & TRAINING SECTION
AGENTS OF THE VIRGINIA COOPERATIVE EXTENSION SERVICE PROCTORING COMMERCIAL APPLICATOR
EXAMINATIONS
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Agents of the Virginia Cooperative Extension Service are authorized, under an agreement with the Virginia Department of Agriculture and Consumer Services (VDACS), Office of Pesticide Services, to proctor Private Applicator Examinations. This authorization does not extend to Commercial Applicator exams.
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Applicants for Commercial Applicator certification must report to one of the official VDACS testing centers, to a Virginia DMV Customer Service Center, or to the VA TECH Pesticide Programs office in Blacksburg, Virginia, in order to take the Commercial Core and category-specific certification exams.
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Any variation from this policy must be approved in advance by the CLRT Program Coordinator.
Authority: 2 VAC 5-685
Revised: 7/3/12
Guidelines for Advertising and Pricing at Fuel PumpsDoc ID: 4100
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Virginia Department of Agriculture and Consumer Services Division of Consumer Protection ‐ Office of Weights and Measures
102 Governor Street, Richmond VA 23219 • www.vdacs.virginia.gov
TECHNICAL BULLETIN
Bulletin number: 2011‐02
Subject: Advertisement signs and posted signs with taxes included or
excluded and the total price displayed at the pump
Issue date: July 1, 2011
Expiration date: In effect until rescinded or amended
Purpose
The purpose of this bulletin is to provide guidance to retailers who wish to advertise or post signs with or without taxes and how they should be displayed at the pump at the time of delivery to a customer.
Background
The Office of Weights and Measures (OWM) has noticed that some retailers have been advertising and posting signs then charging more or giving rebates back after the time of
delivery depending upon whether or not sales tax was included. This practice can be confusing and even deceptive to consumers.
In part Virginia Code § 3.2‐5631 states that the total price of petroleum products so advertised or posted shall not differ from the price as shown on the pump or in any computed price charged the customer.
Section 3.2‐5606∗ of the Code of Virginia allows the Commissioner of the Virginia Department
of Agriculture and Consumer Services to adopt the advice and recommendations of the National Institute of Standards and Technology (NIST) for purposes of inspecting weights and measures devices. Such advice and recommendations are prescribed in handbooks published by NIST, such as Handbook 44, "Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices." NIST's current guidance on multi‐tier pricing focuses on cash versus credit purchases, but it does not adequately address a variety of other pricing practices that have gained popularity recently, such as club cards, frequent shopper or loyalty programs, and other promotional specials. Until such time as NIST Handbook 44 does address
this, the following interim guidance is provided.
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OWM Technical Bulletin 2011‐02 Page 2
Interim Guidance
1. Advertising Signage
Road sign advertising must state the unit price, e.g. price per gallon, for at least the lowest grade available. If a discount for the cash price or a specific credit card discount is offered, then the sign must prominently display, adjacent to the discounted unit price, the word “CASH” or the name of the discount card or the credit card. The lettering of the word "CASH" or the discount card or the credit card shall be sufficiently large as to be plain and conspicuous from a reasonable distance.
2. Dispenser requirements
Unless a specific contractual agreement exists between a customer and the retailer when offering discounts for cash, a specific credit card, or a discount card, the dispenser must be able to display the correct unit price before time of delivery. For cash sales, the retailer can adjust the unit price from a remote console so that the cash price is displayed prior to customer's initiation of the transaction at the dispenser. As currently required by law, all
motor fuel pumps dispensing product for retail sales must display the total price to be paid for the amount of fuel purchased. If a receipt is printed at the dispenser or inside by the cashier, the receipt must show the price per gallon, gallons dispensed, total sale price, pump number, grade of fuel purchased and the address of the business location where the purchase was made.
3. Contractual Agreements, Discounts and Rebates
NIST Handbook 44 specifies the requirements for the display of unit price, money‐value computations, selection of unit price, and the display of quantity and total price. Handbook 44 defines a contract sale as a sale where a pre‐existing written agreement exists prior to a sale, in which both buyer and seller have accepted the pricing conditions governing the sale.
Our interpretation of this provision is that motor fuel retailers can legally provide a reduced fuel price to an established group of clients at a price that is lower than that which is displayed on the dispenser or on the advertising signage for retail sales. Our position is that
contract sales may include the following
A. Discounts or rebates offered by credit card companies, whether or not the face of the card indicates an affiliation with the specific motor fuel retailer. The discount or rebate offered may be limited in duration as part of promotional incentive to attract new clients or may apply continually.
B. Discounts or rebates offered to the customer at the retail location in which the use of a
bar‐coded card, a card with a magnetic stripe issued by the retailer, or other similar mechanism is scanned prior to the customer tendering payment. Following scanning of
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OWM Technical Bulletin 2011‐02 Page 3
the card, the system must automatically compute the final purchase price of the motor fuel prior to the customer tendering payment.
We are available to review other types of contractual sales of motor fuels on a case‐by‐case
basis. We will consider those contractual sales that are deemed to be in compliance with the Virginia Weights and Measures Law and NIST Handbook 44 as acceptable pricing practices. However, retailers may not hand‐calculate discount prices or rebate amounts and may not redeem cents‐off coupons to reduce the total sale price after the product has been delivered.
4. Cents off Pricing
Retailers who desire to have cents‐off pricing on any given day of the week (e.g. 4 cents off gasoline on Tuesdays) may do so provided that the dispensers are set to display the reduced price on the designated day for the applicable motor fuel products. For the purposes of this technical bulleting, a day is a 24‐hour period that begins at 12:01 a.m.
If you have questions regarding this bulletin, contact Mr. Joel Maddux, Weights and Measures Program Manager, Office of Weights and Measures, at (804) 786‐1274 or via e‐mail at joel.maddux@vdacs.virginia.gov.
Virginia Pesticide Violations Enforcement ProceduresDoc ID: OPS-AdminProc
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Virginia Department of Agriculture and Consumer Services Division of Consumer Protection Office of Pesticide Services
Administrative Procedure for Processing Violations for Assessment of Civil Penalties and Action on Certificates, Licenses, and Registrations (Eff. July 21, 2016)1
Decision-Maker Activity Enforcement Supervisor or Review reports, photographs, laboratory analysis reports, sample results, and Pesticide Team Leader other supporting documentation to ensure record of inspection, investigation, monitoring, or observation is complete, clearly written, and the findings are well-documented; contact investigator or inspector if additional information is needed; determine if a possible violation of assigned statutes or regulations occurred.
For routine inspections, in which no possible violation was found, close case and update appropriate Enforcement Case Review & Actions database.
For for-cause investigations in which no possible violation was found, forward to Compliance Manager.
If possible violation occurred, update appropriate Enforcement Case Review & Actions database and forward record to Compliance Manager.
Compliance Manager Review record received from the Enforcement Supervisor or Pesticide Team Leader to ensure it contains proper documentation to substantiate possible violation(s); contact the Enforcement Supervisor, or, if the Enforcement Supervisor is not available, the investigator or inspector if additional information is needed.
If conditions do not warrant compliance action, close case and update appropriate Enforcement Case Review & Actions database.
For a for-cause investigation in which no violation was found, send results of investigation to complainant. Close case and update appropriate Enforcement Case Review & Actions database.
If conditions substantiate a possible violation(s), issue a Notice of Alleged Violation notifying the respondent of the conditions found and the opportunity to provide any additional relevant facts including facts that demonstrate good faith efforts to achieve compliance within 30 calendar days of receipt of the Notice of Alleged Violation.
Upon consideration of any additional relevant facts submitted by the respondent, but no sooner than 30 calendar days after respondent’s receipt of the Notice of Alleged Violation:
If conditions found no longer substantiate a violation
For routine inspections, if no violation is found, close case and
1Replaces version dated May 14, 2015 1 | P a g e
[TABLE 1-1] Decision-Maker | Activity Enforcement Supervisor or Pesticide Team Leader | Review reports, photographs, laboratory analysis reports, sample results, and other supporting documentation to ensure record of inspection, investigation, monitoring, or observation is complete, clearly written, and the findings are well-documented; contact investigator or inspector if additional information is needed; determine if a possible violation of assigned statutes or regulations occurred.
For routine inspections, in which no possible violation was found, close case and update appropriate Enforcement Case Review & Actions database.
For for-cause investigations in which no possible violation was found, forward to Compliance Manager.
If possible violation occurred, update appropriate Enforcement Case Review & Actions database and forward record to Compliance Manager.
Compliance Manager | Review record received from the Enforcement Supervisor or Pesticide Team Leader to ensure it contains proper documentation to substantiate possible violation(s); contact the Enforcement Supervisor, or, if the Enforcement Supervisor is not available, the investigator or inspector if additional information is needed.
If conditions do not warrant compliance action, close case and update appropriate Enforcement Case Review & Actions database.
For a for-cause investigation in which no violation was found, send results of investigation to complainant. Close case and update appropriate Enforcement Case Review & Actions database.
If conditions substantiate a possible violation(s), issue a Notice of Alleged Violation notifying the respondent of the conditions found and the opportunity to provide any additional relevant facts including facts that demonstrate good faith efforts to achieve compliance within 30 calendar days of receipt of the Notice of Alleged Violation.
Upon consideration of any additional relevant facts submitted by the respondent, but no sooner than 30 calendar days after respondent’s receipt of the Notice of Alleged Violation: If conditions found no longer substantiate a violation: For routine inspections, if no violation is found, close case and
[/TABLE]
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Decision-Maker Activity update appropriate Enforcement Case Review & Actions database.
For for-cause investigations in which no violation is found, close case and update appropriate Enforcement Case Review & Actions database. Send results of the investigation to the complainant.
If conditions continue to substantiate a violation
If violative conditions do not warrant a civil penalty, send a Letter of Caution or Notice of Violation to respondent. Include notification that the violation can be appealed in an informal fact-finding conference authorized by § 2.2-4019 of the Code of Virginia (the Code); inform
respondent that request for an informal fact-finding conference must be made in writing to the Program Manager within 15 calendar days of receipt of Letter of Caution or Notice of Violation. If case resulted from a for-cause investigation, send results of investigation to complainant.
Update appropriate Enforcement Case Review & Actions database.
If violative conditions warrant a civil penalty, issue a Notice of Violation calculating the amount of penalty in accordance with civil penalty decision matrix. If case resulted from for-cause investigation, send results of investigation to complainant. Update appropriate Enforcement Case Review & Actions database.
If Civil Penalty is $2,500 or less, mail Notice of Violation and civil penalty assessment to respondent along with payment statement and notification that the fact of the violation or the civil penalty can be appealed in an informal fact-finding conference authorized by § 2.2-4019 of the Code; inform respondent that request for an informal fact-finding conference must be made in writing to the Program Manager within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
If Civil Penalty is greater than $2,500, forward to Program Manager for review and approval.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty, forward to Program Manager for review and approval.
At the discretion of the Compliance Manager, the civil penalty assessment may be prepared in the form of a Consent Agreement.
Program Manager If Civil Penalty greater than $2,500 is approved, return to Compliance Manager for mailing to respondent.
If Civil Penalty greater than $2,500 is NOT approved, return to Compliance Manager for reassessment of penalty. 2 | P a g e
[TABLE 2-1] Decision-Maker | Activity | update appropriate Enforcement Case Review & Actions database.
For for-cause investigations in which no violation is found, close case and update appropriate Enforcement Case Review & Actions database. Send results of the investigation to the complainant.
If conditions continue to substantiate a violation: If violative conditions do not warrant a civil penalty, send a Letter of Caution or Notice of Violation to respondent. Include notification that the violation can be appealed in an informal fact-finding conference authorized by § 2.2-4019 of the Code of Virginia (the Code); inform respondent that request for an informal fact-finding conference must be made in writing to the Program Manager within 15 calendar days of receipt of Letter of Caution or Notice of Violation. If case resulted from a for-cause investigation, send results of investigation to complainant.
Update appropriate Enforcement Case Review & Actions database.
If violative conditions warrant a civil penalty, issue a Notice of Violation calculating the amount of penalty in accordance with civil penalty decision matrix. If case resulted from for-cause investigation, send results of investigation to complainant. Update appropriate Enforcement Case Review & Actions database.
If Civil Penalty is $2,500 or less, mail Notice of Violation and civil penalty assessment to respondent along with payment statement and notification that the fact of the violation or the civil penalty can be appealed in an informal fact-finding conference authorized by § 2.2-4019 of the Code; inform respondent that request for an informal fact-finding conference must be made in writing to the Program Manager within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
If Civil Penalty is greater than $2,500, forward to Program Manager for review and approval.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty, forward to Program Manager for review and approval.
At the discretion of the Compliance Manager, the civil penalty assessment may be prepared in the form of a Consent Agreement.
Program Manager | If Civil Penalty greater than $2,500 is approved, return to Compliance Manager for mailing to respondent.
If Civil Penalty greater than $2,500 is NOT approved, return to Compliance Manager for reassessment of penalty.
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Decision-Maker Activity
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is approved, return to Compliance Manager for mailing to respondent.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is NOT approved, return to Compliance Manager for reassessment.
Compliance Manager Mail Notice of Violation and civil penalty assessment with payment statement to respondent; include notification that the fact of the violation or the civil penalty can be appealed in an informal fact-finding conference authorized by §
- 2-4019 of the Code; inform respondent that request for informal fact-finding conference must be made in writing to the Program Manager within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
Issue Notice of Intent notifying respondent of intent to deny, suspend, revoke or modify license, certificate or registration and the opportunity for a formal hearing authorized by § 2.2-4020 of the Code; notify respondent that request for a formal hearing must be made in writing to the Program Manager within 15 calendar days after receipt of the Notice of Intent.
If action is NOT approved, reassess and resubmit action for approval or close case; update appropriate Enforcement Case Review & Actions database.
Program Manager Upon receipt of properly filed written request for an informal fact-finding conference, appoint a Conference Officer; instruct Compliance Manager to schedule the informal fact-finding conference.
Compliance Manager Upon instruction from Program Manager, schedule an informal fact-finding conference with Conference Officer appointed by Program Manager; notify respondent and investigator or inspector of the location, date, and time of informal fact-finding conference; update appropriate Enforcement Case Review & Actions database.
Conference Officer Hold informal fact-finding conference to consider all relevant information on case; Conference Officer may affirm, raise, lower, or abate a penalty, or may negotiate a settlement based on new information; notify the respondent of
decision in writing.
Notify respondent of right to appeal the decision of informal fact-finding conference in a formal hearing authorized by §2.2-4020 of the Code; notify respondent that request for a formal hearing must be made in writing to the Program Manager within 15 calendar days after receipt of Conference Officer decision.
Program Manager Upon receipt of properly filed written request for a formal hearing, arrange for a Court-appointed attorney to act as Hearing Officer; arrange location of 3 | P a g e
[TABLE 3-1] Decision-Maker | Activity | If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is approved, return to Compliance Manager for mailing to respondent.
If denial, suspension, revocation, or modification of a license, certificate, or registration is involved alone or in conjunction with a civil penalty and is NOT approved, return to Compliance Manager for reassessment.
Compliance Manager | Mail Notice of Violation and civil penalty assessment with payment statement to respondent; include notification that the fact of the violation or the civil penalty can be appealed in an informal fact-finding conference authorized by §
- 2-4019 of the Code; inform respondent that request for informal fact-finding conference must be made in writing to the Program Manager within 15 calendar days of receipt of Notice of Violation; update appropriate Enforcement Case Review & Actions database.
Issue Notice of Intent notifying respondent of intent to deny, suspend, revoke or modify license, certificate or registration and the opportunity for a formal hearing authorized by § 2.2-4020 of the Code; notify respondent that request for a formal hearing must be made in writing to the Program Manager within 15 calendar days after receipt of the Notice of Intent.
If action is NOT approved, reassess and resubmit action for approval or close case; update appropriate Enforcement Case Review & Actions database.
Program Manager | Upon receipt of properly filed written request for an informal fact-finding conference, appoint a Conference Officer; instruct Compliance Manager to schedule the informal fact-finding conference.
Compliance Manager | Upon instruction from Program Manager, schedule an informal fact-finding conference with Conference Officer appointed by Program Manager; notify respondent and investigator or inspector of the location, date, and time of informal fact-finding conference; update appropriate Enforcement Case Review & Actions database.
Conference Officer | Hold informal fact-finding conference to consider all relevant information on case; Conference Officer may affirm, raise, lower, or abate a penalty, or may negotiate a settlement based on new information; notify the respondent of decision in writing.
Notify respondent of right to appeal the decision of informal fact-finding conference in a formal hearing authorized by §2.2-4020 of the Code; notify respondent that request for a formal hearing must be made in writing to the Program Manager within 15 calendar days after receipt of Conference Officer decision.
Program Manager | Upon receipt of properly filed written request for a formal hearing, arrange for a Court-appointed attorney to act as Hearing Officer; arrange location of
[/TABLE]
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Decision-Maker Activity formal hearing; arrange for a Court Reporter; notify investigator or inspector; update the appropriate Enforcement Case Review & Actions database.
Hearing Officer Hold formal hearing to hear relevant information about case; consider the facts of all violations identified in the case; evaluate the civil penalty and/or the denial, suspension, revocation, or modification of a license, certificate, or registration; Hearing Officer may recommend affirming, raising, lowering, or abating a penalty, or may recommend another outcome; transmit findings and recommendations to the Board and the respondent within 30 days of the formal hearing; inform respondent of their right under § 2.2-4021(A) to address the Board.
Program Manager Notify respondent in writing of the date and time of the meeting during which the Board will consider the recommendations of the Hearing Officer; notify respondent of their right under § 2.2-4021(A) to address the Board.
Board Consider recommendations from formal hearing; provide opportunity for final arguments from VDACS and respondent; render decision; inform respondent that decision can be appealed to Circuit Court for judicial review; instruct VDACS staff to notify respondent in writing of the Board’s decision within 30 days of such decision, including notification of right to appeal to Circuit Court; instruct VDACS staff to send transcripts and all case materials to appropriate program for filing.
Compliance Manager Update appropriate Enforcement Case Review & Actions database.
Approved by Board of Agriculture and Consumer Services 7/20/2016
4 | P a g e
[TABLE 4-1] Decision-Maker | Activity | formal hearing; arrange for a Court Reporter; notify investigator or inspector; update the appropriate Enforcement Case Review & Actions database.
Hearing Officer | Hold formal hearing to hear relevant information about case; consider the facts of all violations identified in the case; evaluate the civil penalty and/or the denial, suspension, revocation, or modification of a license, certificate, or registration; Hearing Officer may recommend affirming, raising, lowering, or abating a penalty, or may recommend another outcome; transmit findings and recommendations to the Board and the respondent within 30 days of the formal hearing; inform respondent of their right under § 2.2-4021(A) to address the Board.
Program Manager | Notify respondent in writing of the date and time of the meeting during which the Board will consider the recommendations of the Hearing Officer; notify respondent of their right under § 2.2-4021(A) to address the Board.
Board | Consider recommendations from formal hearing; provide opportunity for final arguments from VDACS and respondent; render decision; inform respondent that decision can be appealed to Circuit Court for judicial review; instruct VDACS staff to notify respondent in writing of the Board’s decision within 30 days of such decision, including notification of right to appeal to Circuit Court; instruct VDACS staff to send transcripts and all case materials to appropriate program for filing.
Compliance Manager | Update appropriate Enforcement Case Review & Actions database.
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Virginia Pesticide Applicator Recertification PoliciesDoc ID: 5025
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF CONSUMER PROTECTION
OFFICE OF PESTICIDE SERVICES
CERTIFICATION, LICENSING, REGISTRATION & TRAINING SECTION
Guidance Document Number: 5025
Subject: Applicator recertification-documents policies that apply to applicator recertification, specifically, reexamination in lieu of attending recertification courses and the approval of recertification courses.
Issue Date: Revised 12/18/2018
Expiration Date: In effect until otherwise rescinded
PURPOSE: Sections 3.2-3930 and 3.2-3932 of the Virginia Pest Control Act require that all certified applicators renew their certification biennially through reexamination or the completion of a Board-approved recertification course. 2 VAC5-685-130, Renewal of Certification, further states: “All applicators must first attend board-approved recertification course(s) and submit proof of attendance at such courses, or be reexamined in basic pesticide safety and the categories desired for recertification.”
GUIDANCE
- Recertification by examination – Commercial applicators and registered technicians who choose to recertify by examination must submit an application to retest and retest fee in addition to the renewal application and renewal fee to do so. The Commercial applicators must pass both the Core Examination and the appropriate category exam(s). Registered Technicians must pass the Registered Technician exam.
2. Requirements for courses submitted for recertification approval
A. Course submission requirements – Courses should be submitted 30 days prior to the course date. Courses submitted less than 14 days before the course date will be accepted for evaluation only if the office workload allows time for evaluation, and preparation and mailing of approval paperwork. Course submissions should include a course agenda, brief descriptions or outlines of the session contents, the date(s) and location(s) for the course, and the name, address, and phone (and fax) numbers of the course sponsor. The course sponsor must agree to carry out all administrative responsibilities related to recertification. If insufficient course information is received and the course sponsor does not promptly reply to inquiries from this office, the course will not be approved for recertification credit.
B. Evaluation of course content – Courses submitted for approval for recertification will be evaluated for the minimum content requirements of 2 VAC5-685-130 (see checklist in paragraph 4 below). Content must be appropriate and specific for the category(s) being addressed. Courses are expected to last a minimum of six hours
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in order to adequately cover the required contents. Courses covering multiple categories may be required to be longer, in order to cover a wider variety of topics.
C. Legal Aspects Coverage – Required Virginia legal information must be provided at each approved recertification course. It may be provided by a representative of the Office of Pesticide Services, or a representative of Virginia Cooperative Extension at their discretion. If no one is available to provide this information, a copy of the legal update presentation will be provided to the sponsor to present in its entirety. Course sponsors must check with the VDACS or VTPP presenter in advance to confirm their availability and to make sure that sufficient time is provided for the legal update. When planning, sponsors should plan a minimum of 45 minutes for the legal aspects presentation. The sponsor should contact the presenter in advance of the meeting to determine whether more time is needed.
D. Course Approval or Denial – All sponsors who have submitted a course or meeting for recertification will receive written notice as to whether the course has been approved or denied.
E. Course Sponsor Responsibilities – The course sponsor must agree to fulfill the following responsibilities: conduct the course in accordance with the approved agenda submitted to OPS, with a minimum of substitutions or variances; allow sufficient time for presentation of the VDACS legal update; monitor the attendance of all applicators through the use of a Virginia Recertification Roster (or a pre-approved alternative method); provide applicators who complete the course with a Virginia Application for Recertification, along with instructions for completing it; collect all completed Applications, reconcile them with the Recertification Roster for the course, and submit all original paperwork to OPS for processing within 30 days after the course is held. Course sponsors are expected to make and retain copies of all paperwork submitted to OPS on behalf of applicators.
Course sponsors may not advertise or represent a course as being approved by Virginia for recertification until they have received a letter of approval from OPS. If requested to do so, the recertification coordinator may give a verbal or fax approval for a course, after the evaluation is complete and prior to the paperwork being processed.
- Failure of Course Sponsor to Fulfill Responsibilities - If a course sponsor fails to fulfill the following responsibilities described in paragraph E, the following actions may be taken by
VDACS
A. If a course sponsor does not provide sufficient time to present the legal aspects presentation, the VDACS or VTPP presenter may decline presenting and credit may be denied for the course. VDACS and VTPP staff cannot provide a partial presentation and credits will not be issued unless a complete legal aspects presentation is provided. If the course sponsor cannot make time for the
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complete legal aspects presentation during the course, the sponsor, not VDACS, will be responsible for providing an alternate means for their attendees to receive the full legal aspects presentation.
B. Denial of course credit or the ability to sponsor courses may occur if a course sponsor does not return the original copies of the completed Applications for Recertification and Recertification Roster within the timeframe requested in the course approval letter (30 days). If 15 days past due, VDACS may send one warning letter before taking further action. If not received within 90 days following the course, credits will be denied to all attendees.
- Minimum Required Content: The Board of Agriculture and Consumer Services has established the minimum requirements, which must be met by any program approved for the recertification of commercial applicators in Virginia. The content of the essential material has been divided into two sections: Legal Aspects and Category Related
Information. A checklist of the Minimum Training Information Required for Commercial Applicator Certification in Virginia is reprinted below.
Legal Aspects: L-1 Reminder to FOLLOW LABEL DIRECTIONS, including those on use, storage, disposal and transportation.
L-2 Review possible consequences of violating the law.
L-3 Reminder that restricted-use pesticides purchased under an applicator's certificate number must be for use by that applicator.
L-4 Review a certified applicator's responsibilities in supervising the use of restricted-use pesticides by non-certified applicators.
L-5 Review record-keeping responsibilities of commercial applicators for restricted-use pesticide applications.
Category-Related Training: T-1 Review general safety for the applicator, co-workers, and the public.
T-2 Review the environmental aspects of pesticide use, including impact on non-target organisms, wildlife, domestic animals, groundwater, etc.
T-3 Review application techniques, including equipment, calibration, and maintenance.
T-4 Review hazards (both personal safety and environmental) unique to that specific category.
T-5 Review pertinent information re: new chemistry/new formulations available that would be of use to applicators certified in the category.
T-6 Review Integrated Pest Management (IPM) Programs applicable to the category.
T-7 Review of pests specific to category; include in-depth training on identification and control of selected specific pests. This section may be tailored to local needs/problems.
A certified private applicator must complete a board-approved recertification course that, at a minimum, addresses the following topics:
- General safety;
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- Legal update; and
3. Pest management and application technology including
a. A review of category-specific pest management and pesticide use patterns; and
b. A review of category-specific pesticide application and handling technology.
With the exception of the Legal Aspects presentation, the content material listed above may be communicated by a variety of methods, including live presentations, audiovisual programs, handouts, lobby displays, hands-on activities/practice sessions for participants, and demonstrations. For in-state commercial recertification courses, the area OPS investigator must be invited by the course sponsor to present the legal aspects portion of the program. For out of state courses or when VDACS staff is not available for an in-state course, a copy of the legal aspects presentation will be provided to the course sponsor to present.
Registered Technicians may recertify by attending a commercial course approved for the category corresponding to the type of pesticide use performed.
OPS expects all recertification programs to emphasize safe pesticide use and new developments in the field.
Authority
Code of Virginia: § 3.2-3930. Application and Certification of commercial applicators and § 3.2-3932.
Application and certification of private applicators.
Virginia Administrative Code: 2VAC5-675-30. Commercial Applicator Certificate Fee; 2VAC5-675-40.
Registered Technician Certificate Fee; 2 VAC 5-685-130, Renewal of Certification;
Public Weighmaster Licensing GuidelinesDoc ID: OWM
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Virginia Department of Agriculture and Consumer Services
Division of Consumer Protection - Office of Weights and Measures 102 Governor Street, Richmond VA 23219 • www.vdacs.virginia.gov
Agency Guidance Document
Document number: 2017-01
Subject: Guidelines for approval of Public Weighmaster licenses
Issue date: April 1, 2017
Expiration date: In effect until rescinded or amended
Purpose
The purpose of this bulletin is to provide guidelines for processing and approving the public weighmaster license applications received by the Virginia Department of Agriculture and Consumer Services
(VDACS).
Background: VDACS’s Office of Weights and Measures (OWM), is responsible for administering and enforcing the provisions of the Virginia Public Weighmasters Law (Law)1. The Law authorizes the Commissioner of Agriculture and Consumer Services to grant licenses to prospective public weighmasters and adopt guidelines for determining whether an applicant possesses the qualifications prescribed in §3.2-5802 of the Law2. This document will prescribe the manner in which VDACS OWM will evaluate each application for a public weighmaster license.
Guidance
I. VDACS OWM will provide the application for a public weighmaster license, as approved by the Commissioner, on the VDACS website.
II. The OWM Program Manager or his designee shall review each submitted application for completion and shall notify the applicant if he has not submitted the appropriate fee or completed the application in its entirety with the required signatures. The OWM Program Manager or his designee shall review each complete application to confirm the following:
A. The applicant is lawfully admitted to the United States for permanent residence as determined by the Employment Eligibility Verification;
B. The applicant is currently employed with a company operating a public scale;
C. The applicant is 18 years of age or older; and
D. The applicant has the ability to accurately weigh and make correct weight certificates.
1 Va. Code § 3.2-5800 et seq. 2 Va. Code § 3.2-5804
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OWM Guidance Document 2017-01 Page 2
III. The Program Manager shall sign the Criminal History Record Request and ensure that the signature is notarized. The Program Manager or designee shall then send the Criminal History Record Request to the Virginia State Police Criminal Records Unit for processing.
IV. If no criminal history record is found by the Virginia State Police Criminal Records Unit, a license may be granted to the applicant by the Program Manager or designee.
V. If a criminal history record is found by the Virginia State Police Criminal Records Unit, the Program Manger shall examine the criminal history record to determine whether the applicant is of good moral character as required by § 3.2-5802 of the Law. An application for public weighmaster license shall be denied if:
A. The applicant has a felony or misdemeanor conviction for a crime of moral turpitude.
Moral turpitude crimes involve lying, stealing, or cheating and include, but are not limited to:
-
Robbery;
-
Burglary;
-
Larceny;
-
Embezzlement;
-
Fraud;
-
Forgery; and
-
False Statements; or
B. The applicant has a felony or misdemeanor conviction of a crime that involves an act of “baseness, vileness or depravity”3 that would call in to question the applicant’s fitness to faithfully carry out the duties of a public weighmaster. Examples include, but are not limited to, crimes enumerated in Article 7 of Chapter 4 of Title 18.2 of the Code of Virginia, which pertains to criminal sexual assault and Chapter 8 of Title 18.2 of the Code of Virginia, which pertains to crimes involving morals and decency.
VI. Notwithstanding Section V., if the applicant has been convicted of a crime referenced in Section V., the Program Manager may grant a license if the applicant:
C. Has no felony convictions in the five years preceding the date of the application;
B. Has no misdemeanor conviction for a crime of moral turpitude in the five years preceding the date of the application;
3 Tasker v. Commonwealth, 202 VA.1019, 1024, 121 S.E.2d 459, 463 (1961)
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OWM Guidance Document 2017-01 Page 3
C. Has no misdemeanor conviction in the three years preceding the date of the application.
The Program Manager may still grant a license if the applicant has conviction, in the three years preceding the date of the application, for a violation of a provision of Title 46.2 of the Code of Virginia pertaining to motor vehicles, if the conviction was not a felony;
D. Is not on active probation; and
E. Does not have a history of violating the terms of probation or parole in the five years preceding the date of the application.
VII. If the Program Manager or his designee determines that the applicant does not appear to meet the qualifications established for public weighmasters in Va. Code § 3.2-5803, the Program Manager or designee will send a letter to the applicant stating such and notifying the applicant of the right to request an informal fact finding proceeding pursuant to Va. Code §
- 2-4019 before the application is denied. The letter shall state that the applicant must request this proceeding within 15 days of receipt of the letter.
VIII. Upon receipt of a request for an informal fact finding proceeding from the applicant, the Program Manager or his designee shall notify the Director of the Division of Consumer Protection. The Director or his designee shall serve as the conference officer for the requested informal fact finding proceeding.
IX. The Director of the Division of Consumer Protection shall schedule an informal fact finding proceeding and notify the applicant and Program Manager of the location, date, and time of the proceeding.
X. The conference officer shall hold the informal fact finding proceeding. The conference officer shall notify the applicant of his decision in writing, notify the applicant of the right to appeal the decision of the informal fact finding proceeding in a formal hearing authorized by Va. Code § 2.2-4020, and notify the applicant that a request for a formal hearing must be made in writing to the Commissioner of Agriculture and Consumer Services within 15 days of receipt of the conference officer’s decision.
XI. Upon receipt of a properly filed request for a formal hearing, the Commissioner shall request that the Program Manager arrange for a Hearing Officer, court reporter, and location for the formal hearing and notify the applicant of the location, date, and time of the formal hearing.
XII. The Hearing Officer shall hear the relevant information about the license application and applicant, transmit his findings and recommendations to the Commissioner as required by Va.
Code § 2.2-4024(D), and inform the applicant of his right under Va. Code § 2.2-4021(A) to address the Commissioner.
XIII. The Commissioner shall consider the findings and recommendations of the hearing officer and render a case decision within the timeframe established in Va. Code § 2.2-4021(C).
Regulations for Electronic Pull-Tab DisplaysDoc ID: 4311
VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF CONSUMER PROTECTION
OFFICE OF CHARITABLE AND REGULATORY PROGRAMS
GUIDANCE DOCUMENT
Document number
OCRP 2012-01
Subject
Electronic pull-tab game displays, themes, and sounds
Issue date
November 14, 2012
Expiration date: In effect until otherwise rescinded
PURPOSE
The purpose of this document is to highlight the regulatory requirements for electronic pull-tab game displays, themes, and sounds and to provide guidance to manufacturers of distributed pull-tab systems regarding game displays, themes, and sounds.
BACKGROUND Section 18.2-340.19(A)(5) of the Code of Virginia authorizes the Charitable Gaming Board to adopt regulations that define the electronic equipment used in the conduct of charitable gaming. This section further provides that electronic equipment for pull-tabs “shall not include (i) devices operated by dropping one or more coins or tokens into a slot and pulling a handle or pushing a button or touchpoint on a touchscreen to activate one to three or more reels marked into horizontal segments by varying symbols, where the predetermined prize amount depends on how and how many of the symbols line up when the rotating reels come to rest, or (ii) other similar devices that display flashing lights or illuminations, or bells, whistles, or other sounds, solely intended to entice players to play”.
The Charitable Gaming Regulations, 11VAC15-40 et seq., establishes specific requirements that pertain to electronic pull-tab game displays, themes, and sounds. All electronic pull-tab game displays, themes, and sounds must be approved by the Department of Agriculture and Consumer Services (VDACS) prior to being available for play on an electronic pull-tab device in Virginia.
GUIDANCE Submission of displays, themes, and sounds Manufacturers of electronic pull-tab systems must submit all graphics, animations, text, and audio files that are included in each game theme intended for play in Virginia as well as any associated working papers. If a game theme exists in multiple versions that have different displays or sounds, each version of the theme must be submitted for approval. All submissions should be directed to the Office of Charitable and Regulatory Programs’ Program Manager at:
michael.menefee@vdacs.virginia.gov
OR
Department of Agriculture and Consumer Services Office of Charitable and Regulatory Programs 1 of 3 Guidance Document: OCRP 2012-01 ATTN: Michael Menefee PO Box 1163 Richmond, VA 23218
Approval of displays, themes, and sounds VDACS will evaluate game displays, themes, and sounds for compliance with the following regulatory requirements: 11 VAC 15-40-410 A 2 Available games, flare, and rules of play must be displayed on video
screen 11 VAC 15-40-410 A 2 Rules of play shall include all winning combinations 11 VAC 15-40-410 A 5 No enticing animation while in idle state; may use simple display
elements or screen savers to prevent monitor damage 11 VAC 15-40-410 A 6 No rolling animations 11 VAC 15-40-410 A 6 No flashing animations 11 VAC 15-40-410 A 6 No spinning animations 11 VAC 15-40-410 A 6 No rotating reels marked into horizontal segments by varying symbols 11 VAC 15-40-410 A 9 Following the play on an electronic pull-tab device, the result shall be clearly shown on the video display with any prizes that may have been awarded. 11 VAC 15-40-410 A 11 The default device display, upon entering game play mode, shall not be
the top award 11 VAC 15-40-410 C No obscene or offensive graphics, animations, or references. VDACS
will not approve game themes with components that include profanity,
illegal activities, sexual or excretory organs or activities, or references
that will incite a breach of peace. 11 VAC 15-40-410 D 5 Electronic pull-tab must be initially displayed with a cover and require
player interaction to reveal the symbols and game outcome. 11 VAC 15-40-410 D 6 No device may simulate the play of roulette, poker, keno, lotto or
lottery, twenty-one, blackjack, or any other card game 11 VAC 15-40-410 D 6 No device may simulate the play of any type of slot machine game 11 VAC 15-40-410 D 6 Card symbols such as ace, king, queen or heart are acceptable 2 of 3 Guidance Document: OCRP 2012-01 11 VAC 15-40-410 D 7 Games must not contain any elements of skill. 11 VAC 15-40-410 A 7 No sound or music solely intended to entice a player to play
Upon approval of a manufacturer’s submitted game theme(s), display(s), and sound(s), VDACS will issue a letter of approval to the manufacturer for that display, theme, or sound. The approval will remain in effect until such time as the display, theme, or sound is modified.
Questions may be directed to Michael Menefee, Program Manager for the Office of Charitable and Regulatory Programs, at (804) 786-3983 or michael.menefee@vdacs.virginia.gov. 3 of 3 Guidance Document: OCRP 2012-01
Virginia Agricultural Stewardship Act GuidelinesDoc ID: 1743
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AGRICULTURAL STEWARDSHIP ACT
GUIDELINES
Working in Cooperation with Virginia’s Soil and Water
Conservation Districts
Revision effective 2024
[TABLE 1-1]
AGRICULTURAL STEWARDSHIP ACT
GUIDELINES Working in Cooperation with Virginia’s Soil and Water Conservation Districts Revision effective 2024 | |
[/TABLE]
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Table of Contents Agricultural Stewardship Act
Guidelines
INTRODUCTION ……………………….…………………………………….............................3
AGRICULTURAL STEWARDSHIP ACT (ASA) OVERVIEW………………………...……...4
SECTION A. WHAT THE ACT COVERS……………………………………………………...5
- Activities Covered by the Act
- Definitions of Sedimentation, Nutrients, and Toxins
- What the Act Means by “Pollution”
SECTION B. HOW INVESTIGATIONS ARE CONDUCTED…………………………………7
- Receipt of Complaints
- Decision to Investigate
- District ASA Policy and Handling of Complaints
- Notice to Owner or Operator of Investigation
- Notice of Findings from Investigation
- Extensions of Deadlines
- Notification of Landowner, if Different from Operator
- Right of Entry
- Purpose and Scope of Investigation 10. Evidence 11. Sample Collection
SECTION C. CONFIDENTIALITY OF
INFORMATION………………………….................................................................................11
SECTION D. SUBSEQUENT VISITS TO FARM TO CHECK
IMPLEMENTATION…………………………………………………………………………..11
SECTION E. ISSUANCE OF A CORRECTIVE
ORDER……………………………………………………………………………………...….12
SECTION F. SOURCES OF ASSISTANCE FOR OWNERS OR
OPERATORS……………………………………………………………………………..........12
- Technical Assistance
- Cost-Sharing and Financial Assistance
- Financial Planning
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SECTION G. DEVELOPING PLANS THAT COMPLIES WITH ASA………………………13
SECTION H. VIOLATIONS AND PENALITIES………….…………………………………..4
SECTION I. INTERGOVERNMENTAL COOPERATION…………………………….........14
APPENDICES
Appendix A. Civil Penalties Matrix for the ASA Program………………………….….15 Appendix B. Steps in Addressing ASA Complaints…………………….……………...18 Appendix C. Steps to Consider During an Investigation………………….……………21
VIRGINIA AGRICULTURAL STEWARDSHIP ACT GUIDELINES
INTRODUCTION
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The 1996 Session of the General Assembly enacted the Agricultural Stewardship Act (ASA) (Va. Code § 3.2-400 et seq.) (Act), which requires the Commissioner of Agriculture and Consumer Services (Commissioner) to administer and enforce the ASA program. Through an effort of cooperation and coordination involving Virginia’s Soil and Water Conservation Districts (SWCD) or (District), the Virginia Department of Agriculture and Consumer Services (VDACS), and the agricultural community, the ASA program provides a common-sense solution to water pollution problems caused by agricultural operations. The ASA offers a positive approach to addressing pollution involving agricultural operations and provides a process by which individual agricultural producers can be alerted to areas of their operations that may be causing water pollution.
Section 3.2-408 of the ASA requires that the Commissioner develop, in consultation with the local SWCD, the Department of Conservation and Recreation (DCR), and interested persons, guidelines to assist in the implementation of the ASA program. These guidelines shall address,
among other things, the conduct of investigation, sources of assistance for owners and operators, and intergovernmental cooperation. As used throughout these guidelines, “Commissioner” includes ASA staff.
These guidelines were originally developed in 1996 and revised in 2010 and 2021 to reflect changes to the program.
AGRICULTURAL STEWARDSHIP ACT (ASA) OVERVIEW
The ASA requires that a complaint first be made to the Commissioner. Unless the complaint was made anonymously, the Commissioner must accept complaints alleging that a specific agricultural activity is causing or will cause water pollution. After the Commissioner receives a complaint that must be investigated, the Commissioner will ask the local SWCD whether it wishes to investigate the complaint. If the District does not wish to investigate the complaint, the Commissioner will conduct an investigation. The purpose of the investigation is to determine whether the agricultural activity that was the subject of the complaint is causing or will cause
water pollution. If no water pollution is identified as a result of the agricultural activity, the Commissioner will dismiss the complaint.
If the agricultural activity is causing or will cause water pollution, the ASA provides the owner or operator an opportunity to correct the problem. The owner or operator will be asked to develop a plan containing “stewardship measures” (often referred to as “best management practices”) to prevent water pollution. The owner or operator then develops the plan, and once the plan is developed, the local District may review it and make recommendations to the Commissioner. If the Commissioner approves the plan, the Commissioner will then ask the owner or operator to implement the plan within a specified period of time.
If the owner or operator fails to implement or maintain the plan's stewardship measures after a plan is approved, the Commissioner will take enforcement action under the ASA against the owner or operator.
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In some cases, the ASA investigation will not produce sufficient evidence to support the
conclusion that the agricultural activity in question is causing or will cause pollution. In those cases, the investigator will offer suggestions on how the owner or operator might improve the farming practices to prevent complaints in the future. The purpose of the ASA is to solve problems by working one-on-one with farmers.
WHAT THE ACT COVERS
- Activities Covered by the ASA
The ASA applies to agricultural activities that are creating or, if not changed, will create any alteration of the physical, chemical, or biological properties of any state waters resulting from sedimentation, nutrients, or toxins. The only exception is when the agricultural activity in question is (i) a silvicultural activity affecting water quality pursuant to Article 12 of Chapter 11 of Title 10.1 of the Code of Virginia or (ii) already permitted by the State Water Control Board (through the Department of Environmental Quality). The permits are usually a Virginia Pollution Abatement (VPA) permit (general or individual) for the storage and land application of animal waste, a Virginia Pollution Discharge Elimination System permit for certain aquaculture facilities or for mixed production and processing operations, or a permit
issued by the Commonwealth of Virginia for the land application of biosolids.
The ASA does not apply to forestry activities, odor concerns, or landfills. In terms of waste problems, the ASA would only apply to farm dumps where agricultural products or animal carcasses are disposed of and that have clear water quality impacts. Finally, the ASA does not apply to air pollution or to water pollution caused by non-agricultural activities.
- Definitions of Sedimentation, Nutrients, and Toxins
Sedimentation is soil material that has been transported from its original site by air, water, or ice and has been deposited in another location. The primary focus under the ASA will be on erosion of soil and its deposition in surface water.
Nutrients are dry or liquid materials that provide elements, such as nitrogen, phosphorus, and potassium that can nourish plants. Commercial fertilizers and animal manure are the two primary sources used to
supply nutrients to plants in agricultural operations and are the focal point of the ASA.
For the purposes of these guidelines, a toxin is any substance or mixture of substances intended to be used to prevent, destroy, repel, or mitigate agricultural pests or to be used as a plant regulator, defoliant, or desiccant, commonly called pesticides. Pesticide complaints are forwarded to the VDACS Office of Pesticide Services for investigation.
- What the Act Means by "Pollution"
The ASA defines pollution as “any alteration of the physical, chemical or biological properties of any
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state waters resulting from sedimentation, nutrients, or toxins” (Va. Code § 3.2-400). When sediments,
nutrients, or toxins enter the water from an agricultural activity, they constitute pollution under the ASA.
However, even if pollution is occurring, the ASA gives the Commissioner the power to dismiss a case if the Commissioner determines that:
“ . . the pollution is a direct result of unusual weather events or other exceptional circumstances which could not have been reasonably anticipated, or determines that the pollution is not a threat to human health, animal health, or aquatic life, water quality or recreational or other beneficial uses . . .” (Va. Code § 3.2-402(C).)
There are two key questions for determining whether pollution is occurring or will occur.
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Are there any barriers to prevent the sediment, nutrients, or toxins from reaching the water?
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Is the owner or operator using any practices designed to prevent the pollutant from reaching the water?
SECTION B - HOW INVESTIGATIONS ARE CONDUCTED
- Receipt of Complaints
Complaints are accepted by either verbal or written statement. However, when a complaint is made anonymously, the Commissioner has discretion whether to investigate the complaint. In addition, if complaints are unclear and not site specific, the Commissioner may decide not to investigate them.
Complaints are often forwarded from other governmental agencies. If a person provides such agency with his contact information, the person will be listed as the complainant. Otherwise, the complaint will be considered “anonymous” unless that agency chooses to be listed as the complainant.
If the Commissioner is made aware of an emergency situation, special procedures may be used,
to the extent authorized by law, in order to protect the environment and the public.
- Decision to Investigate
The ASA program is "complaint-driven." The Commissioner will not investigate a farm activity pursuant to the ASA program unless the Commissioner first receives a complaint. If the person making the complaint gives his name, the ASA requires that the Commissioner or the local District investigate the validity of the complaint. If the local District agrees to perform the District investigation, the Commissioner will ask the District to complete the investigation and provide evidence from its investigation within 21 days of the date the complaint was received by the Commissioner.
- District ASA Policy and Handling of Complaints.
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Each year as a condition of its grant agreement with DCR, each District must notify the
Commissioner as to how it will handle ASA complaints and provide a District contact who has been delegated by the local District Board the authority necessary to make decisions regarding complaints. Such notification is evidenced by the Soil and Water Conservation District Policy for Handling Agricultural Stewardship Act (ASA) Complaints required to be submitted to the Commissioner by each District. Districts should update this policy document each September or whenever there is a personnel change that affects the handling of complaints.
The Commissioner recommends that that the board of directors for each District delegate to a single individual, board member, or staff the decision whether to investigate, perform a joint investigation with VDACS staff, or not participate in the investigation. The delegation of this individual should take place annually or whenever there is a personnel change that would impact it and be documented and reflected in board meeting minutes of the District. Having this individual make the decisions regarding ASA investigations will negate the need for District discussions during the investigation stage of the complaint response process.
Upon receiving a complaint and unless the complaint is anonymous, the Commissioner must notify the District where the land lies and request that the district determine the validity of the
information within 21 days. If a District declines to act, the Commissioner must determine the validity of the complaint. A District may choose to assist in a joint investigation with the Commissioner or accompany the Commissioner’s staff to represent the District during the investigation. The Commissioner is responsible for leading these types of investigations. When the District chooses to conduct the investigation on its own, it may indicate in writing or orally its decision to the Commissioner. This is typically done via email response unless the District has indicated this as the preferred method on its most recent Soil and Water Conservation District Policy for Handling Agricultural Stewardship Act (ASA) Complaints form. If the District is conducting the investigation and there are any questions regarding right-of-entry, collection and handling of evidence, or preparing the investigation report, the District should consult with the Commissioner prior to proceeding with the investigation.
A District may choose not to perform any investigations if it had indicated such on its most recent Soil and Water Conservation District Policy for Handling Agricultural Stewardship Act (ASA) Complaints form. If a District informs the Commissioner that, as a matter of policy, it does not intend to perform ASA investigations, the Commissioner will consider the District to
have declined to act and the Commissioner will determine the validity of any complaint in such District. Regardless of the District’s preference for handling complaints, the Commissioner will continue to notify the directors of the District where the land lies of the receipt of each complaint.
The ASA requires that, for complaints investigated by a local District, the investigation must be completed within 21 days of the Commissioner's receipt of the complaint. The ASA does not specify a length of time in which the Commissioner or his staff must complete the investigation; however, it is the Commissioner's policy that, when possible, investigations by the Commissioner be completed within the same 21-day time period.
- Notice to Owner or Operator of Investigation
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[TABLE 7-1] The Commissioner recommends that that the board of directors for each District delegate to a single individual, board member, or staff the decision whether to investigate, perform a joint investigation with VDACS staff, or not participate in the investigation. The delegation of this individual should take place annually or whenever there is a personnel change that would impact it and be documented and reflected in board meeting minutes of the District. Having this individual make the decisions regarding ASA investigations will negate the need for District discussions during the investigation stage of the complaint response process.
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When the Commissioner or the District conducts the investigation, either the Commissioner or
the District will notify the owner or operator that the Commissioner has received a complaint of the owner’s or operator's agricultural activity that must be investigated. Such notification will include the nature of the complaint. To document the notice and the investigation arrangements, the investigator will follow-up with a letter or email to the owner or operator.
In those instances in which a District may not wish to give notice to the owner or operator about the complaint after it has agreed to investigate, the Commissioner will assist in delivering the initial notice of the investigation. The Commissioner will explain that the Commissioner has received a complaint, that an investigation is necessary, and that someone from the District will contact the owner or operator to arrange a time to conduct a site investigation.
Regardless of who makes the initial contact, the person who sends the written notice of the investigation to the owner or operator will also send appropriate written information regarding the ASA. This information provides the owner or operator an opportunity to learn more about the ASA, its procedures, and what the owner or operator can expect regarding resolution of the complaint.
- Notice of Findings from Investigation
The Commissioner will notify the owner or operator of his decision as to whether a plan is necessary. When a District performs an investigation, it will provide its findings and all materials produced by the District or collected during the investigation period to the Commissioner to make a decision. The Commissioner's notice to the owner or operator will either dismiss the complaint or inform the owner or operator that he must submit a plan to the Commissioner describing conservation measures that he will implement to correct the water pollution problem. The owner or operator must submit this plan to the Commissioner and the District no later than 60 days after the owner or operator receives a written notice informing him that a plan is necessary. Information regarding planning and implementation will be included with this notification to assist the owner or operator. The owner or operator may seek assistance in developing a plan. (See Section F of these Guidelines). The Commissioner may consider a corrective order if a plan is not submitted within 60 days. After submittal of the plan to the Commissioner and the District, and if the plan includes measures needed to prevent or cease water quality pollution, the Commissioner will approve the plan within 30 days after receipt.
Upon approving the owner or operator's plan, the Commissioner will inform the owner or operator and the complainant. The District will be copied on this correspondence.
The owner or operator must begin implementing his plan within six months of receiving notice that the agricultural activity is creating or will create pollution and that a plan is necessary. The owner or operator must then complete implementation of his plan within a period specified by the Commissioner, not to exceed 18 months of receiving the notice. The owner or operator may be able to receive an extension in some cases, as described in Section 6 below.
- Extensions of Deadlines
Sometimes an owner or operator may need more time to complete implementation of his plan
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because of circumstances beyond his control. The ASA provides that the Commissioner may
grant an extension of up to 180 days (six months) if a hardship exists and if the owner or operator has made a request for an extension at least 60 days prior to the date he was supposed to have completed implementing his plan. The Commissioner will determine that a situation constitutes a hardship, including financial hardship, if it was caused by circumstances beyond the owner's or operator's control and if the owner or operator has been making a good faith effort to implement his plan. The Commissioner will, within 30 days or receiving such request, respond to the requestor of an extension and include the basis for choosing to approve or reject such a request.
- Notification of Landowner, if Different from Operator
It is the Commissioner’s discretion whether the landowner, if different from the operator, is notified of the decisions. The Commissioner may choose to notify the landowner as well as the operator when the Commissioner determines that the complaint involves an agricultural activity on land that the operator rents from someone else or when the operator manages the agricultural activity for the owner of the land. If the investigation shows that no water pollution problem exists or if the problem is easily corrected by the operator's change in field management, the
Commissioner may determine that notification of the owner is unnecessary. If the problem involves an old feature (e.g., an old gully) that was created before the present operator began renting the land or if correcting the problem requires construction, the Commissioner may determine that the owner needs to be notified.
- Right of Entry
The owner or operator of a farm that is subject of a complaint will be given notice of intended entry to investigate the complaint. In many cases, such notice will be provided by phone to the owner or operator, with written notice subsequently provided to confirm the investigator’s oral statements. Whenever possible, the Commissioner or District will seek the owner’s or operator’s consent prior to entering the land that is the subject of a complaint. However, the ASA authorizes the Commissioner or District to enter such land after notice is provided to the owner or operator and allows the Commissioner to petition the circuit court where the land is located to require the owner or operator to allow the Commissioner entry. Additionally, the Commissioner may petition the circuit court to require the owner or operator to allow the Commissioner to enter
the same land to check implementation of stewardship measures specified in a corrective order or to maintain such stewardship measures.
If a complaint alleges water pollution created by erosion coming from a specific field on the farm, then the Commissioner or District will not enter other fields. If the complaint is made more broadly to say that erosion is coming from the farm as a whole into a stream, then the investigation will cover all of the farm that drains into such stream. If the complaint is made even more broadly to say that erosion is coming from the farm as a whole without naming the water body, then the investigation will cover the whole farm.
With the owner's or operator’s consent, the Commissioner or District may enter fields not covered by the complaint to examine or do other things that are relative to the investigation.
If an owner or operator denies the Commissioner's representative entry onto the land or later
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withdraws his consent regarding entry, the representative will leave the property immediately
and report this to the Commissioner as soon as possible.
- Purpose and Scope of Investigation
The purpose of the investigation is to determine if there is substantial evidence to prove that the agricultural activity in question is creating or will create water pollution from sedimentation, nutrients, or toxins, as alleged in the complaint. Activities that are creating or will create water pollution that were not the subject of the complaint should be pointed out to the owner or operator as areas that should be voluntarily addressed even though these areas are not covered by the ASA complaint.
- Evidence
The ASA requires that there be “substantial evidence” that the agricultural activity is creating or will create water pollution.
- Sample Collection
Due to the complexity and cost of water sampling and analysis, samples will be taken only when they are absolutely necessary to determine the validity of a complaint. When an investigator can see that pollutants are entering or will enter the water body in question, he will not need to take samples because the case can be proven through photographs, maps, eye-witness testimony, and other general evidence. The experience of other states that have programs similar to the ASA suggests that sampling is only necessary in a few cases. For scientific analysis of any water or other evidence, the District investigator should contact the Commissioner for specific instructions. The Commissioner may seek assistance from the Virginia Department of Environmental Quality, the Virginia Department of Health, or other state agencies regarding sampling and analysis.
SECTION C - CONFIDENTIALITY OF INFORMATION
Pursuant to subdivision 4 of Va. Code § 3.2-103, the Commissioner is required to hold records of active investigations in confidence unless otherwise directed by the Governor or the Board of
Agriculture and Consumer Services until the investigation is closed. A District should not discuss details of an active ASA investigation, including the location, landowner, operator, or complainant, until a case decision (determined to be founded, unfounded, or dismissed) has been made by the Commissioner. Discussing details of the complaint in an open or public meeting prior to the completion of the investigation could undermine the integrity of the investigation.
Any discussions of the complaint in such meetings should be limited to the case number (case number assigned by VDACS and provided in the initial complaint notification) and the locality in which it was received. Full details of the complaint should only be disclosed in an open meeting following the case decision by the Commissioner.
Additionally, a District should hold in confidence records of active ASA investigations. These records may be released to the public after the ASA investigation is concluded. An investigation is concluded when the Commissioner has decided whether an agricultural activity is creating or will create pollution that requires an agricultural stewardship plan. Any request made to the
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[TABLE 10-1] Any discussions of the complaint in such meetings should be limited to the case number (case number assigned by VDACS and provided in the initial complaint notification) and the locality in which it was received. Full details of the complaint should only be disclosed in an open meeting following the case decision by the Commissioner.
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District for records of active investigations under the ASA should be referred to the attorney who
represents the District.
SECTION D - SUBSEQUENT VISITS TO FARM TO CHECK IMPLEMENTATION
In most cases, after the site investigation has been completed, no further on-site reviews are necessary once the Commissioner has sent a notice advising that the complaint is unfounded and a stewardship plan will not be required. However, subsequent on-site reviews are necessary when an ASA plan is required. The purpose of the subsequent on-site review is to determine whether the owner or operator is implementing his ASA plan in accordance with the implementation schedule.
Subsequent on-site reviews have enforcement implications, which are the Commissioner's responsibility. Districts should not undertake subsequent visits without the Commissioner’s express approval. (This need for agreement from the Commissioner does not apply to a District's best management practices “spot-check” to determine compliance with a District cost-share agreement, even for a practice installed to meet ASA requirements.)
SECTION E – ISSUANCE OF A CORRECTIVE ORDER
If an owner or operator who has been issued a notice under the Act fails to submit an agricultural stewardship plan, begin actively implementing the plan, complete implementation of the plan, or maintain the stewardship measures, the Commissioner will issue a corrective order to such owner or operator. The order will require that such activity be accomplished within a stated period of time.
The Commissioner will issue a corrective order only after first holding an informal fact-finding conference held pursuant to the Virginia Administrative Process Act (Va. Code § 2.2-4000 et seq.) (APA). Informal fact-finding conferences are used to determine the factual basis for the Commissioner’s decisions under the ASA.
If the owner or operator fails to implement the corrective order, the Commissioner may seek a court order from the appropriate circuit court requiring the owner or operator to implement a plan developed by the Commissioner or authorizing the Commissioner to enter the property to
take action necessary to implement the plan and to recover such implementation costs from the owner or operator.
SECTION F - SOURCES OF ASSISTANCE FOR OWNERS OR OPERATORS
There are several sources of assistance available to owners or operators to address water pollution problems and to develop stewardship measures and plans. Areas of assistance and possible sources are listed below:
- Technical Assistance
Planning and, if necessary, engineering assistance is often available through
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Local Soil and Water Conservation District
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Virginia Department of Conservation and Recreation
- U. S. Department of Agriculture, Natural Resources Conservation Service
- Virginia Cooperative Extension
- Virginia Department of Agriculture and Consumer Services
- Private consultants
- Cost-Sharing and Financial Assistance
Cost-share assistance that may be available to implement plans is offered by
- Local Soil and Water Conservation District
- U. S. Department of Agriculture, Farm Service Agency
- U. S. Department of Agriculture, Natural Resources Conservation Service
- Virginia Department of Environmental Quality (Ag BMP Loan Program)
- Financial Planning
Financial planning is always a consideration when making decisions that affect a farming operation. These organizations can be of assistance to the farmer in his financial planning:
- Virginia Cooperative Extension (e.g., Farm Management Agents)
- Private financial institutions (e.g., commercial banks, agricultural financing organizations)
SECTION G - DEVELOPING A PLAN THAT COMPLIES WITH ASA
The plan must include the following minimum requirements under the ASA
- Stewardship measures needed to prevent the water pollution
- Implementation schedule.
The plan should also include
- A map showing area of concern and affected water feature
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Statement of pollution problem
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Signature page for the owner or operator, local district director, and Commissioner
The owner or operator will receive a letter from the Commissioner notifying the owner or operator of the results of the investigation. This letter specifies the components of the agricultural activity that are causing or will cause water pollution. All of these components must be addressed in the plan.
If necessary, simple plans may be converted into more sophisticated formats after the plan has been submitted. Planners should be sensitive to the fact that the owner or operator has a second deadline to meet; the owner or operator must begin implementing the plan within six months of receiving the official notice that the plan has been approved.
Amendments to plans are acceptable as long as the amendments prevent or eliminate the water
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pollution. Amendments must be reviewed by the Commissioner before the plan completion date.
An amendment that necessitates an extension of time will not be denied simply because the time of completion will be delayed; however, the Commissioner may consider whether the additional time is needed because of the actual change in plans or because of any lack of due diligence by the owner or operator.
To make the planning process most effective, the plan should include options for owners or operators to solve their water pollution problems whenever possible. There are often a variety of best management practices that can be employed to address a single pollution problem. Thus, the planner will often have a wide variety of options from structural practices to changes in operating methods that can be offered to the owner or operator as solutions to the pollution problem. These options need not be the most expensive or employ the most sophisticated technology; they only need to prevent the pollution in question within the timeframe of the plan.
A plan that merely substitutes one form of pollution for another, however, will not be accepted by the Commissioner.
SECTION H - VIOLATIONS AND PENALTIES
Under the ASA, the Commissioner will issue a corrective order when the owner or operator fails to comply with the ASA. Further, if the owner or operator fails to allow the Commissioner or the investigator entry onto the property to investigate, implement stewardship measures, or ensure stewardship measures are being maintained, the Commissioner may seek a court order from the appropriate circuit court authorizing such entry onto the property.
The ASA provides persons aggrieved by decisions of the Commissioner the right to appeal such decisions to the Virginia Soil and Water Conservation Board and thereafter to the circuit court in accordance with the APA.
If an owner or operator fails to comply with the ASA, he may be subject to civil penalties and orders issued by the Commissioner. (See Appendix A, Civil Penalty Matrix for the Agricultural Stewardship Act Program.)
SECTION I - INTERGOVERNMENTAL COOPERATION
The ASA requires that agricultural activities that are causing or will cause water pollution be corrected. It is very important that agencies of local, state, and federal government work together in a cooperative effort using a common-sense approach to assist owners or operators in effectively correcting these problems. Some of the agencies, besides the local District and District Board, that work in cooperation with the Commissioner and VDACS on water quality issues include the Department of Environmental Quality, DCR, the Natural Resources Conservation Service of the U.S. Department of Agriculture, Virginia Cooperative Extension, Virginia Department of Forestry, and localities.
VDACS serves as the primary coordinating agency for administering the ASA. VDACS’s ASA staff assists the Commissioner with investigations and enforcement and with communicating the results of the investigations with complainants. In addition to developing these guidelines, VDACS initiates the annual reporting and assessment processes. The purpose of the annual
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reporting and assessment process is to identify trends and needs and to seek means of addressing
any problems that develop in administering the ASA.
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APPENDIX A
Civil Penalties Matrix for the Agricultural Stewardship Act Program
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[TABLE 15-1] Civil Penalties Matrix for the Agricultural Stewardship Act Program
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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Civil Penalties Matrix for the Agricultural Stewardship Act Program (Authority: Section
- 2-406 of the Code of Virginia)
VIOLATION
“Any person violating Section 3.2-403 or Section 3.2-404 shall be subject to a civil penalty not to exceed $5,000 for every violation assessed by the Commissioner of Agriculture and Consumer Services. Each day the violation continues shall constitute a separate offense.” (Section 3.2-406(A) of the Code of Virginia)
The following are violations of Section 3.2-403 of the Code of Virginia
- The owner or operator fails to submit an Agricultural Stewardship Plan after the Commissioner has issued a Corrective Order (Authority: Section 3.2-403(A) of the Code of Virginia);
(Base civil penalty-$200)
- The owner or operator fails to begin actively implementing an Agricultural Stewardship Plan after the Commissioner has issued a Corrective Order (Authority: Section 3.2-403(A) of the Code of Virginia);
(Base civil penalty-$500)
- The owner or operator fails to complete the implementation of an Agricultural
Stewardship Plan after the Commissioner has issued a Corrective Order (Authority: Section 3.2-403(A) of the Code of Virginia);
(Base civil penalty-$500)
- The owner or operator fails to maintain the required stewardship measures after the Commissioner has issued a Corrective Order (Authority: Section 3.2-403(A) of the Code of Virginia); and
(Base civil penalty-$250)
- The owner or operator fails to comply with an Emergency Corrective Order (Authority: Section 3.2-403(D) of the Code of Virginia).
(Base civil penalty-$500)
The following are violations of Section 3.2-404 of the Code of Virginia
The owner or operator denies the Commissioner or his designee the right of entry (Authority: Section 3.2-404(A) of the Code of Virginia).
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(Base civil penalty-$500)
The following factors shall be considered in determining the amount of any civil penalty:
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If there is willfulness of violation, add $500 to the base civil penalty;
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If there is history of noncompliance with Agricultural Stewardship Act, add $1,000 to the base civil penalty;
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If there is failure of owner in notifying, containing, and cleaning up any discharge, add $1,000 to the base civil penalty;
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If there is damage or injury to state waters or the impairment of its uses, add $1,500 to the base civil penalty; and
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When the injury is of such a nature and degree as to interfere with general health, welfare and property, add $1,500 to the base civil penalty.
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As stated in Section 3.2-406, the maximum civil penalty the Commissioner may assess per violation is $5,000.
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If any combination of applicable penalties under this matrix exceeds $5,000 for a single violation, $5,000 is the maximum amount that will be assessed for that violation.
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APPENDIX B
Steps In Addressing Agricultural Stewardship Act
Complaints
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[TABLE 18-1] Steps In Addressing Agricultural Stewardship Act Complaints
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STEPS IN ADDRESSING AN ASA COMPLAINT
1. Commissioner’s Office receives complaint
Commissioner’s Office reviews complaint and determines if the ASA has jurisdiction.
- If not under ASA’s jurisdiction, the complaint is dismissed.
2. Commissioner’s Office determines whether the investigation is necessary
In cases with non-anonymous complaints, an investigation is required. In cases with anonymous complaints, the Commissioner has the option to investigate.
3. If investigation is needed
Commissioner’s Office contacts local Soil and Water Conservation District and informs it of the complaint. District has five days to notify the Commissioner’s Office whether or not it will investigate, unless the District has already indicated to the Commissioner that they will not participate in the investigation process.
- Contact the owner/operator to inform him or her of the complaint and the need to investigate, followed by a letter.
If owner or operator denies request to enter land, the Commissioner may seek a court order.
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Investigate complaint and report findings to Commissioner’s Office within 21 days of receiving complaint.
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Commissioner’s Office reviews investigation report and, if needed, gathers more information. Commissioner’s Office then makes decision as to whether complaint is founded, then contacts owner or operator and the District with findings within 30 days of receiving investigation report. If complaint is unfounded:
- Action on complaint complete.
- Complainant contacted and informed on reasons why complaint was unfounded.
If complaint is founded – Finding is reviewed and discussed with owner or operator:
- Owner or operator accepts decision. or
- Owner or operator appeals decision to the Virginia Soil and Water Conservation Board.
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- Owner or operator may appeal Board’s decision to local Circuit Court.
- Owner or operator develops plan to address pollution and sends copy to the Commissioner’s Office and District within 60 days after receiving notice of investigation findings and of the need to develop a plan.
If owner or operator fails to develop own plan, Commissioner may seek court order requiring owner or operator to implement plan developed by VDACS.
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District may review plan and send recommendations to the Commissioner’s Office.
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Commissioner’s Office reviews plan and any district recommendations, then notifies owner or operator.
Plan approved, and/or amended with conditions. or Plan rejected
- Owner or operator develops new plan and repeats submittal process.
or
- Owner or operator appeals through the process described in item 6.
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Commissioner’s Office contacts complainant, informs him of action taken and plan implementation completion date.
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Owner or operator is notified that plan is necessary, Commissioner’s Office will check to ensure that he has begun implementing the plan within the time specified by the Commissioner.
Implementation has begun. or Implementation has not begun
- Commissioner institutes an informal fact-finding conference with the owner or
operator.
- ASA requires Commissioner to issue a corrective order (via certified mail, return receipt requested) to farmer owner or operator at this point.
- By the completion date, a site review will be conducted to ensure complete plan implementation.
Once plan is implemented, owner or operator is required to maintain stewardship measures. Hardship cases can receive a 180-day extension if owner or operator’s request is received 60 days prior to completion date and is approved by the Commissioner’s Office.
Revision effective XXX, 2024 20
[TABLE 20-1] 10. Commissioner’s Office contacts complainant, informs him of action taken and plan implementation completion date. 11. Owner or operator is notified that plan is necessary, Commissioner’s Office will check to ensure that he has begun implementing the plan within the time specified by the Commissioner.
[/TABLE]
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APPENDIX C
Steps to Consider During an Agricultural Stewardship Act Investigation
Revision effective XXX, 2024 21
[TABLE 21-1] Steps to Consider During an Agricultural Stewardship Act Investigation
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Steps to Consider During An Agricultural Stewardship Act Investigation
When beginning an investigation, it is likely to help if you keep several key questions in the back of your mind. These questions are:
-
What pollutant (sediment, nutrient, or toxin) was the subject of the complaint?
-
What water feature (stream, river, etc.) was the subject of the complaint?
-
Is there a physical barrier (e.g., buffer, berm, slope, etc.) that would help prevent the pollutant in question (soil, nutrients, toxins, etc.) from reaching the water feature?
-
Is the farmer using any BMPs that are designed to help prevent the pollutant in question from reaching the water feature?
With these questions in mind, begin to assess the physical layout and the farmer’s operation of the field, feedlot or pasture that is the subject of your investigation. Some things to assess are as follows (Use the ones that would be applicable to the pollutant that was the subject of the complaint):
Is there evidence of erosion? What sources of nutrients are used or produced in the operation? What are the characteristics of the topography in relation to the water feature?
Slope Sink holes Soil types Storm drains Etc.
Is there a buffer or other barrier between the site where the problem is alleged to be
occurring and the water feature? If there is a buffer, what are the characteristics for the buffer?
Mixed vegetation (trees and shrubs, etc.) Grass Etc.
What condition is the buffer in? Well vegetated Killed areas Eroded Etc.
Does the farmer use nutrient management practices, and if so what are they? Are stream banks eroded, and if so, what was the cause?
Revision effective XXX, 2024 22
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Natural causes Livestock Etc.
Are BMPs used on the land, such as residue management, conservation tillage, sod
waterways, animal waste system, hardened access, etc.?
Are BMPs well maintained?
Is sod waterway or filter strip being filled with sediment? Is animal waste storage facility emptied on schedule? Is the exclusion fence in-tact and functioning? Etc.
This is not an all-inclusive list because there may be other site-specific and complaint-specific circumstances that you’ll want to consider, but this gives you an idea of what to assess.
Taking what you’ve learned about this operation in your assessment, begin to answer the
following questions: Can the alleged pollution be a product of this farming operation?
Is there a route from the field, feedlot or pasture that the pollutants would travel easily (e.g., unobstructed by a physical barrier) to the water body? Given the management of the field, feedlot, or pasture and other factors, how large is the level of pollution that could be occurring (e.g., large, medium, minimal, none)? If there is a pollution occurring, could the pollution in question be occurring from natural causes (e.g., natural stream bank erosion, severe weather, etc.)? If there is pollution occurring, was it caused by circumstances beyond the farmer’s control?
Using your answers to these questions, you can begin to write up your investigation report and formulate your opinion regarding this case. If you have questions during this process, please contact one of the Agricultural Stewardship Coordinators.
Revision effective XXX, 2024 23
Virginia Produce Safety Enforcement GuidelinesDoc ID: Produce
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BOARD OF AGRICULTURE AND CONSUMER SERVICES
Virginia Produce Safety Law and Related Regulations Civil Penalty Matrix Guidelines for Enforcement
Adopted: December 11, 2020
SECTION 1: AUTHORITY Statutory Authority: § 3.2-5156 of the Code of Virginia (1950), as amended.
SECTION 2: DEFINITIONS The following words and terms, when used in these guidelines, shall have the following meanings, unless the context clearly indicates otherwise. Definitions listed below are in supplement to Va. Code §§ 3.2-5146 and 3.2-5147.
“Board” means the Board of Agriculture and Consumer Services.
“Commissioner” means the Commissioner of Agriculture and Consumer Services.
“Farm” means “covered farm” as defined in § 3.2-5147 of the Code of Virginia.
“Hearing officer” means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § 2.2-4024 of the Code of Virginia.
“Notice of Alleged Violation and Penalty Assessment” means a written notification from the case reviewer to the responsible party alleged to have committed a violation of the Virginia Produce Safety Law or regulations adopted pursuant to the Law that identifies the specific violation committed and indicates the amount of the civil penalty assessed in accordance with the included Civil Penalty Matrix.
“Previous violation” means any violation of the Virginia Produce Safety Law or regulations adopted pursuant to the Law cited within the five-year period preceding the current violation. “Previous violation” does not mean any final notice of the Program Supervisor or Program Manager that the Board overturns after considering the findings and recommendations of a hearing officer who held a formal hearing pursuant to § 2.2-4020 of the Code of Virginia.
“Program Manager” means (i) the manager of the Office of Dairy and Foods within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services or (ii) a person designated as the Program Manager by the Commissioner and who works under the direction of the Commissioner.
“Program Supervisor” means (i) the supervisor of the Produce Safety Program within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services, Office of Dairy and Foods or (ii) a person designated as Program Supervisor by the Commissioner and who works under the direction of the Commissioner.
“Responsible party” means the person or business alleged to have violated the Virginia Produce Safety Law or regulations adopted pursuant to the Law.
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“Virginia Produce Safety Law” or “Law” means Chapter 51.1 of Title 3.2 of the Code of Virginia (Va. Code §
- 2-5146 et seq.).
SECTION 3: PROVISION FOR CIVIL PENALTIES GENERALLY Any responsible party violating any section of the Virginia Produce Safety Law or regulations adopted pursuant to the Law may be assessed a civil penalty by the Board in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the Board shall give due consideration to (i) the history of the responsible party’s previous violations, (ii) the seriousness of the violation, and (iii) the demonstrated good faith of the responsible party charged in attempting to achieve compliance with the Law or regulations adopted pursuant to the Law after being notified of the violation.
SECTION 4: PROCEDURE FOR CIVIL PENALTY ASSESSMENT A. Farm Inspection During a farm inspection, a Produce Safety Program staff member, upon completing an inspection designated Official Action Indicated due to an alleged violation of the Virginia Produce Safety Law or regulations adopted pursuant to the Law, shall submit documentation of proof of alleged violation, including all relevant facts, for review to the appropriate person according to the table below or to other staff designated by the Commissioner.
Staff Member Witnessing Alleged Violation Case Reviewer Produce Safety Specialist Produce Safety Assistant Program Supervisor Produce Safety Assistant Program Supervisor Produce Safety Program Supervisor Program Supervisor Program Manager
B. Notice of Alleged Violation Upon review of all documentation of proof of the alleged violation, if the case reviewer concurs that an alleged violation has occurred, he shall mail, by certified mail, the Notice of Alleged Violation and Penalty Assessment, including all documentation of relevant facts, notice of civil penalty amount, and consent resolution, to the responsible party. The notice shall advise the responsible party that he may (i) agree to the assessment; sign a consent resolution; waive his rights to an informal fact finding conference pursuant to § 2.2-4019 of the Code of Virginia (Code); and pay the civil penalty, which shall be due within 30 days after the date of receipt by the responsible party, or (ii) request an informal fact finding conference pursuant to § 2.2-4019 of the Code.
C. Informal Fact Finding Conference Should the responsible party desire an informal fact finding conference, he shall request such within 30 days of receipt of the Notice of Alleged Violation and Penalty Assessment. The Program Supervisor will hold an informal fact finding conference pursuant to § 2.2-4019 of the Code prior to making a case decision, except in cases where the Program Supervisor served as the case reviewer. In any such case, the Program Manager will hold the informal fact finding conference. Following the informal fact finding conference and depending on who held such conference, the Program Supervisor or Program Manager will send to the responsible party the case decision via certified mail along with the fact basis for the decision and the civil penalty assessed.
D. Formal Hearing The responsible party may appeal a case decision by the Program Supervisor or Program Manager to the Board pursuant to § 2.2-4020 of the Code. If the responsible party intends to appeal the case decision of the
2
[TABLE 2-1] Staff Member Witnessing Alleged Violation | Case Reviewer Produce Safety Specialist | Produce Safety Assistant Program Supervisor Produce Safety Assistant Program Supervisor | Produce Safety Program Supervisor Program Supervisor | Program Manager
[/TABLE]
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Program Supervisor or Program Manager, he shall notify the Secretary of the Board in writing within 30 days following his receipt of the case decision. The Secretary of the Board will arrange for a hearing officer, arrange the location of the formal hearing, and arrange for a court reporter. The hearing officer will hear the relevant information about the case, consider the facts of all violations identified in the case, and evaluate the civil penalty assessed. The hearing officer shall transmit his findings and recommendations to the Board as required in § 2.2-4024(D) of the Code and inform the respondent of his right under § 2.2-4021(A) of the Code to address the Board. The Board shall consider the findings and recommendations of the hearing officer and render a case decision within the timeframe established in § 2.2-4021(C) of the Code.
The Board may establish limits on how much time the representative of the responsible party will be afforded to address the Board with respect to the formal hearing officer’s findings and recommendations.
SECTION 5: ASSESSMENT OF SEPARATE VIOLATIONS Each violation of the Virginia Produce Safety Law or regulations adopted pursuant to the Law shall be assessed separately for the purpose of determining the total civil penalty assessment.
SECTION 6: PENALTY POINT SYSTEM The point system described in this section shall be used to determine the amount of any civil penalty for a violation of the Virginia Produce Safety Law or regulation adopted pursuant to the Law.
A. Violation Severity The responsible party in violation of the Law or regulations adopted pursuant to the Law shall be assigned up to 10 points for the potential of the violation to result in a public health hazard, as described in one of the following categories:
Points Description 0 Condition is unlikely to cause produce contamination 1-3 Condition may cause produce contamination 4-6 Condition will cause contamination if not corrected 7-10 Produce is already contaminated
A responsible party who violates § 3.2-5155 of the Code shall be assigned 10 points for violation severity.
B. History of Previous Violations In determining the amount of a civil penalty, a responsible party in violation of the Law or regulations adopted pursuant to the Law shall be assigned one point for each previous violation of the same Virginia Code section or subsection or the same Code of Federal Regulations section or subsection as the current violation.
C. Good Faith Credit The demonstrated good faith of the responsible party in attempting to achieve rapid compliance after notification of the alleged violation shall be taken into consideration in determining penalty points. Up to five points shall be deducted based on the following categories:
Points Good Faith Credit Category
3-4 Immediate action taken to abate the alleged violation and correct any conditions resulting from the alleged violation.
3
[TABLE 3-1] Points | Description 0 | Condition is unlikely to cause produce contamination 1-3 | Condition may cause produce contamination 4-6 | Condition will cause contamination if not corrected 7-10 | Produce is already contaminated
[/TABLE]
[TABLE 3-2] Points | Good Faith Credit Category 3-4 | Immediate action taken to abate the alleged violation and correct any conditions resulting from the alleged violation.
[/TABLE]
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1-2 Prompt and diligent efforts made to abate the alleged violation and correct any conditions resulting from the alleged violation within a reasonable period of time. 0 Minimal or no effort made to address the alleged violation and correct any condition resulting from the alleged violation.
D. Determination of Civil Penalty (I) Violations resulting in a cumulative sum of zero points after adding the total points assigned in accordance with subsections A, B, and C and subtracting the points assigned in accordance with subsection D shall not result in a civil penalty but shall be maintained on record as violations and shall be considered a previous violation for the purpose of subsection B if future penalties are issued.
(II) Violations resulting in a cumulative sum of one or more points after adding the total points assigned in accordance with subsections A, B, and C and subtracting the points assigned in accordance with subsection D shall result in a civil penalty. The resulting total point amount shall be converted to a civil penalty dollar amount according to the following table:
Points Dollars Points Dollars 1 $50 11 $550 2 $100 12 $600 3 $150 13 $650 4 $200 14 $700 5 $250 15 $750 6 $300 16 $800 7 $350 17 $850 8 $400 18 $900 9 $450 19 $950 10 $500 ≥20 $1,000
SECTION 7: RECOVERY OF CIVIL PENALTIES, USE OF CIVIL PENALTY FUNDS In accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq. of the Code), the Virginia Department of Agriculture and Consumer Services will take all appropriate and cost-effective actions to aggressively collect all accounts receivable, including the non-payment of civil penalties. Any civil penalty collected by the Commissioner for a violation of any section of the Virginia Produce Safety Law or regulations adopted pursuant to the Law will be paid into the state treasury and credited to the Virginia Natural Resources Commitment Fund,
as prescribed in § 3.2-5156 of the Law.
4
[TABLE 4-1] 1-2 | Prompt and diligent efforts made to abate the alleged violation and correct any conditions resulting from the alleged violation within a reasonable period of time. 0 | Minimal or no effort made to address the alleged violation and correct any condition resulting from the alleged violation.
[/TABLE]
[TABLE 4-2] Points | Dollars 1 | $50 2 | $100 3 | $150 4 | $200 5 | $250 6 | $300 7 | $350 8 | $400 9 | $450 10 | $500
[/TABLE]
[TABLE 4-3] Points | Dollars 11 | $550 12 | $600 13 | $650 14 | $700 15 | $750 16 | $800 17 | $850 18 | $900 19 | $950 ≥20 | $1,000
[/TABLE]
Home-Made Pet Food & Treat RegulationsDoc ID: 6451
Home Manufactured Pet Foods/Treats
What You Need To Know
Office of Plant Industry Services PO Box 1163 - Richmond, Virginia 23218 Phone: 804-371-2667 Fax: 804-371-7793
1 TABLE OF CONTENTS
Introduction ........................................................................................................................ 3
Inspections ........................................................................................................................... 3
Local Licenses ..................................................................................................................... 3
Virginia Commercial Feed License .................................................................................. 4
Product Registrations..................................................................................................... 4-5
Product Registrations Example ........................................................................................ 6
Labeling Guidelines ........................................................................................................ 6-7
Guaranteed Analysis .......................................................................................................... 7
References ........................................................................................................................... 8
Example ............................................................................................................................... 9
2INTRODUCTION
An increasing number of individuals are entering into the business of making pet treats from their home or from a small business kitchen. In Virginia, there are licensing and labeling requirements for the manufacturing and sale of these treats.
For the protection of you as the manufacturer, for the safety of the purchaser, and for the safety of our pets, it is important that these requirements are met.
The requirements include obtaining a license to manufacture and registration of individual products before the products are offered for sale in Virginia, a laboratory analysis of the product(s) and developing a product label that meets specific requirements. Disregarding these requirements can have serious consequences on the business including additional fees or penalties and the removal of products from distribution.
Guidelines and laws concerning the manufacturing and sale of feed and treats for livestock and companion animals (pets) in Virginia are covered by the Virginia Commercial Feed Law and corresponding regulations. Feed and treats in individual packages of 10 pounds or less are considered small package commercial feeds under the law. Recommendations from the Association of American of Feed Control Officials (AAFCO) are also followed as long as these recommendations are not in conflict with Virginia law.
Staff members in the Virginia Department of Agriculture and Consumer Services, Office of Plant Industry Services are available to assist you with the licensing and product registration requirements and the review for acceptance of proposed labels for products being developed.
INSPECTIONS
The Virginia Commercial Feed Law does not require on-site inspections of kitchens or processing facilities being used for a home-manufactured pet feed/treat business prior to the sale of your products. However, Good Manufacturing Practices must be followed in the preparation of your products and our Field Compliance Officers may inspect and sample your products at any time as well as inspect the facility where these products are manufactured. Any samples collected will be analyzed to ensure product safety and truth in labeling.
3LOCAL LICENSES
Always check with your local city or county health departments, Commissioner of Revenue or Treasure’s office to determine if there are other requirements or licenses needed for you to manufacture and/or sell products where you live.
VIRGINIA COMMERCIAL FEED LICENSE
Before offering your products for sale in the Commonwealth, you must obtain a Virginia Commercial Feed License through the Virginia Department of Agriculture and Consumer Services, Office of Plant Industry Services.
Products such as pet food and treats for animals including dogs, cats, rabbits and horses are covered under the definition of a small package commercial feed. The Commercial Feed License is renewed annually at a cost of $50.00 and covers the period of January 1 through December 31 of each year. Application packets may be submitted at any time during the year for review and acceptance. However, the law does not include a provision for a pro-rated license fee.
The license application is available for download on our agency website at http://www.vdacs.virginia.gov/pdf/reg-feed.pdf.
PRODUCT REGISTRATIONS
As mentioned earlier, pet foods and treats in individual packages of 10 pounds or less are considered small package commercial feeds under the Virginia Commercial Feed Law.
If you plan to sell your products loose and unpackaged (considered as bulk) your products would not be subject to individual product registration. However, the annual Virginia Commercial Feed License is required and you will be responsible for paying an annual tonnage fee of $0.07/ton on your total sales ($35.00 minimum). The same labeling and analysis requirements still apply if you market your products in this manner.
If your products are offered for sale to the consumer pre-packaged (i.e.: 4 oz bag, 8 oz bag, 1 lb. box, 3 each per bag, dozen per box, etc.) registration is required. Also,
4each different ‘flavor’ of your product will require a separate registration. A rule of thumb: if there are different ingredients in the products or a different name for the product, each product requires registration. The annual registration fee per product is $50.00. Registration application packets may also be submitted at any time during the year for review and acceptance. As with the license fee, the law does not include a provision for pro-rated product registration fees. The application can also be found on our agency website at http://www.vdacs.virginia.gov/pdf/reg-feed.pdf.
PRODUCT REGISTRATION EXAMPLE
If your products are different in brand name, ingredients or in guaranteed analysis, you must register each product. Additional package sizes for the same brand name do not require registration. For instance, you are making three flavors of dog treats -beef, chicken and cheese – and want to make them in three sizes - a small-sized biscuit [for little dogs], a medium-sized biscuit [for average size dogs] and a large-sized biscuit [for big dogs], and you want to package them in 8 oz. and 1 lb. packages. You would need to register the following brand names as a total of nine (9) products as shown:
- Beef Treats for Small Dogs
- Chicken Treats for Small Dogs
- Cheese Treats for Small Dogs
- Beef Treats for Medium Dogs
- Chicken Treats for Medium Dogs
- Cheese Treats for Medium Dogs
- Beef Treats for Large Dogs
- Chicken Treats for Large Dogs
- Cheese Treats for Large Dogs
The total registration fee for the above products would be $450.00 (9 products @ $50 each = $450.00).
If you do not include the size indicator (small, medium, large, etc.) in the brand name, you only need to register each flavor of treat (in this case three). Then the total registration fee would be $150.00 for three treat brands. You may include a feeding recommendation for animal size on your label. See example label…
5 Beef Treats for Dogs Ingredient Statement Wheat flour, corn gluten meal, beef by-products, salt, dicalcium phosphate
Guaranteed Analysis Feed as a snack or treat Crude Protein (min.)…..22.00% Sized for Small Dogs!!!
Crude Fat (min.)………….10.00% Crude Fiber (max.)……..6.0% Susie’s Treat Shoppe Moisture (max.) ………...12.00% Puppyville, VA 12345
Net Weight – 8 oz. (227 g.)
LABELING GUIDELINES
The Virginia Commercial Feed Law and the Model Pet Food Regulations of the Association of American Feed Control Officials (AAFCO) require each package of food, snacks or treats for pets (dogs and cats) or specialty pets (animals normally kept in a cage such as hamsters, parakeets, reptiles or fish) to have a label printed on or affixed to the package. This includes pet foods and treats produced by a home-based business. The minimum information required either on your labels or in a handout available for purchasers includes: Brand Name - Bucky’s Biscuit Bits, Krazy Kitty Krunchies, etc. Intended species - Dog, cat, horse, etc. the treat is made for must be in words on the front of the label if not a part of the brand name. A picture is not sufficient to meet this requirement. Quantity statement - must be expressed as weight for solid products (avoirdupois) or volume for liquid products in U.S. measures followed by the metric equivalent.
Example: Net weight 8 oz. (227 g). For treats, the quantity may be expressed by count (example: 4 bones, 6 cakes, ½ dozen biscuits, etc.) Ingredient statement - A continuous list of each approved ingredient using the name of the ingredient adopted by AAFCO. Ingredients shall be listed in descending order of predominance by weight. If there is no designated name
6 adopted by AAFCO, use the common name of the product such as ‘sugar’, ‘butter’, etc. Guaranteed analysis – This must include the correct heading and include (at a minimum) the following components stated in the order and in the manner listed below: Guaranteed Analysis: Crude protein (min) -- XX%;
Crude fat (min) -- XX%; [Crude fat (max) if labeled as ‘low or reduced’ fat. -- XX%];
Crude fiber (max) --- XX%;
Moisture (max) --- XX%. Nutritional adequacy statement - If the product is clearly identified on the front label as a snack or treat, a nutrition statement or purpose statement is not required. We recommend that a statement such as “Feed as a snack or treat.” or “For intermittent or supplemental feeding only.” be included for informational purposes. Manufacturer/Guarantor - As the manufacturer or guarantor of the product, your name and mailing address is required to be on the label. For safety reasons, we recommend that you obtain a Post-office box if your business is not listed in a local telephone directory. If listed, only the business name, city, state and zip are required for contact information. A telephone number may be included but is not required.
GUARANTEED ANALYSIS
To meet the label requirement for a guaranteed analysis, each treat must be submitted to a private laboratory for analysis.
It is your responsibility to contact a private laboratory for submission procedures and testing costs for your products. Most private laboratories are listed in local telephone directories or through an internet search. The AAFCO website has additional information on laboratories that can be found at http://petfood.aafco.org/.
The Virginia Department of Agriculture and Consumer Services does not make any endorsement of one laboratory over another.
7REFERENCES
There are numerous resources available through the internet that will assist you in beginning and expanding your new business.
The complete text of the Virginia Commercial Feed Law is on our agency website at www.vdacs.virginia.gov under “Plant, Pest, Feed, Fertilizer and Seed.” Select “Feed, Fertilizer & Seed” and choose the option “Commercial Animal Feed”.
The website of the Association of American Feed Control Officials has extensive information (www.aafco.org) under the link titled “Industry”. This link is located on the upper right corner of their website.
The U.S. Food and Drug Administration (FDA) also has several information bulletins on their website at www.fda.gov. Two that may be of particular help in pet treat rules and regulations are: https://www.fda.gov/animalveterinary/resourcesforyou/ucm047107.htm -Information on Marketing a Pet Food Product, and http://www.fda.gov/cvm/petlabel.htm - Interpreting Pet Food Labels.
8 EXAMPLES
Below is a product label that has all required information for a home-made pet treat.
Labels do not have to be professionally designed, but all required information must be included before your license and product registration applications will be accepted.
Bucky’s Biscuit Bits A howlin’ good treat for your best friend
Liver & Beef Flavored Dog Treats For Medium Dogs
Ingredients: Whole wheat flour, freeze dried liver, beef broth.
Guaranteed analysis: Crude Protein (min) 12%; Crude Fat (min) 6%; Crude Fiber (max) 3%;
Moisture (max) 10%.
Keep refrigerated to maintain freshness for up to two weeks.
FEED AS A SNACK OR TREAT. NOT A COMPLETE FOOD.
Net wt: 8 oz (227 g) Bucky’s Bakery, Barkville, VA 12345-6789 buckedog@email.net
If you are making a product that would be considered a complete food (one that meets all the nutritional requirements for the animal), additional details are required on the label. Information for those requirements can be found on the AAFCO website (www.aafco.org) under their heading of “Publications” in the document Pet Food Labeling Guide.
9Virginia Department of Agriculture and Consumer Services
Prepared by
Agricultural Commodities Program Division of Consumer Protection - Office of Plant Industry Services 102 Governor Street – P O Box 1163 Richmond VA 23218
10
Virginia Pesticide Discontinuance PolicyDoc ID: 5029
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
OFFICE OF PESTICIDE SERVICES
VIRGINIA PESTICIDE DISCONTINUANCE POLICY
I. Policy as to Registrants With Respect to Previously Registered Products Found in the Channels of Trade
A. It is the policy of the Office of Pesticide Services (OPS) not to seek civil penalties or take any other action authorized by law against a party that had previously registered such product if such registrant:
- had continuously registered the product for two (2) full calendar years after registrant distribution
had ceased;
-
indicated on its registration renewal form that the product had been discontinued;
-
provided to OPS documentation that distributors (first line) had been sent (no later than twenty one [21] months after the product had been discontinued) notification of the discontinued status of the product, including: (a) the “end” date after which the product may no longer be sold or offered for sale in Virginia; (b) instructions to the distributors to notify retailers (second line) of the “end” date after which the product may no longer be sold or offered for sale in Virginia; and, (c) the procedure for final disposition of any remaining product by the registrant at the end of the discontinuance period; and
-
within thirty (30) days after receipt of a notice from OPS that the product had been found in the channels of trade after its registration had expired, either re-registered the product or caused the product to be affirmatively removed from the channels of trade.
B. If the registrant did not perform all of the acts set out above, then OPS reserves its discretion to take any action authorized by law.
II. Policy as to Distributors and Retailers When Unregistered Products Are Found In The Channels of Trade
Whenever any unregistered product, whether or not previously registered, is found in the possession of any distributor or retailer, a Letter of Caution and Notice of Stop Sale Order will be issued to that distributor or retailer.
The Notice of Stop Sale Order prohibits the sale of such product until the issuance of a Notice of Release as to such product. If the Notice of Stop Sale Order is violated, OPS may initiate any action authorized by law.
Virginia Pesticide Discontinuance Policy Implementation Procedure
- On January 1, 2005 the Policy will formally go into effect.
For Example: For a product that will enter the discontinuance process beginning in 2005, 2005 will be considered Discontinuance Year 1 (D 1). Discontinuance Year 2 (D 2) will be 2006.
- The registrant must notify OPS of the intent to discontinue a product during the renewal period prior to the first year of discontinuance.
Using the Previous Example: The registrant must notify OPS of the intent to discontinue a product prior to January 1, 2005. The registrant must maintain registrations for the calendar years 2005 and 2006.
- After the second year of discontinuance, the product would no longer be required to be registered. On this date OPS would address any unregistered products found in the channels of trade in accordance with VPDP.
Using the Previous Example: On January 1, 2007, the product would no longer be required to be registered.
For products which have gone through the discontinuance process per VPDP and are found in the channels 1
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of trade after January 1, 2007, the provision of VPDP would apply.
- The registrant would be expected to notify First Line customers no later than 21 months after the product
has entered the discontinuance cycle.
Using the Previous Example: Registrants would be required to notify customers no later than October 1, 2006 that the product has been discontinued.
- Products currently in various stages of Discontinuance, and therefore not subject to VPDP will be monitored by OPS under the current procedures: a. Discovery of unregistered product by OPS Field Staff. b. Issuance of STOP SALE notices. c. Registrant notification to either: i. Register the product, or II. Remove the product from the retail shelf. d. OPS may initiate any action authorized by law.
2
Virginia Beehive Distribution Program GuidelinesDoc ID: OPIS
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF CONSUMER PROTECTION
OFFICE OF PLANT INDUSTRY SERVICES
GUIDANCE DOCUMENT
Document number: OPIS 2020-01
Subject: Beehive Distribution Program
Effective date: July 31, 2020 Expiration date: In effect until otherwise rescinded
PURPOSE
To establish guidelines and requirements for qualification under the Beehive Distribution Program.
BACKGROUND INFORMATION
- The Beehive Grant Fund (Fund) was created to promote the establishment of new beehives
in the Commonwealth. The 2018 Session of the General Assembly replaced the Beehive Grant Program with the Beehive Distribution Program (Chapter 192 of Acts of Assembly).
The Beehive Grant Program reimbursed beekeepers for expenses related to the purchase of
beehive equipment whereas the Beehive Distribution Program (Program) provides beehive equipment directly to beekeepers.
● The 2020 Session of the General Assembly revised the Beehive Distribution Program (Chapter 407 of Acts of Assembly) to require the Virginia Department of Agriculture and Consumer Services (Department) to accept applications for beehive units for a period of not less than 15 days and the Department must select individuals receiving beehive units at
random from the eligible applications received during the application period. In addition, the General Assembly established a limit of three beehive units that can be distributed to a household in each fiscal year.
ELIGIBILITY
- Only individuals are eligible to receive beehive units. Entities such as businesses, non-profit organizations, government agencies, etc. are not eligible to receive beehive units through the Program.
1
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- Only residents of the Commonwealth of Virginia who are 18 years of age or older at the time the application is submitted are eligible to receive beehive units.
● Multiple individuals with the same mailing and/or physical address (household) may apply to the Program. Distribution of beehive units will be limited to no more than three (3) basic
beehive units per household in the same fiscal year (July 1 - June 30).
● Individuals who receive beehive units through the Program will be registered as a beekeeper with the Department.
● Individuals who are awarded units may be required to complete a Commonwealth of Virginia Substitute W-9 form, prior to receiving the beehive units.
DISTRIBUTION PROCEDURES
● The Department will randomly select the individuals to receive beehive units from eligible applications submitted during the application period. Only complete applications will be considered eligible.
● Distribution of beehive units is contingent upon funding appropriated for the Program in the annual state budget.
● Individuals will not be eligible to receive beehive units in consecutive years until all individuals who (i) submitted an application the current year and (ii) did not receive beehive units the previous year are approved by the Department to receive beehive units.
● If funds are exhausted for the fiscal year, the Department will notify applicants who submitted an application but were not selected to receive beehive units.
● Applications from individuals who do not receive beehive units will not be carried forward to the next fiscal year.
BEEHIVE UNIT REQUIREMENTS
- New beehives provided to individuals through this Program shall remain in the
Commonwealth of Virginia.
- A beehive unit shall consist of two deep Langstroth style hive boxes or a hive of equivalent
capacity that has movable frames with combs or foundation that cause the bees to construct brood combs and that may be removed from the hive without injuring other combs.
2
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• A basic beehive unit shall include the following items
-
Hive box or boxes with capacity for no less than 16 frames;
-
Frames for the hive box(es);
- Foundation or similar guide for drawing comb for frames for the hive box(es);
- Bottom board;
-
Inner cover for a Langstroth hive unit; and
-
Outer cover.
● The Department shall distribute the following styles of beehive units
- Eight frame Langstroth medium brood box hive;
- Eight frame Langstroth deep brood box hive;
-
Ten frame Langstroth medium brood box hive;
-
Ten frame Langstroth deep brood box hive; or
- Top bar hive.
● Beehive units must be used to establish a new beehive with a viable colony of honey bees within one (1) year of the date the items are received by an individual.
● Individuals receiving beehive units through the Program must comply with all federal, state and local laws, ordinances and requirements related to beehive management and beekeeping activities. A copy of the Virginia Bee Law (Va Code § 3.2-4400 et seq.) may be found at https://law.lis.virginia.gov/vacode/title3.2/chapter44/. Applicants should contact
the locality in which the beehive(s) will be located to ensure compliance with all applicable ordinances.
APPLICATION PROCESS
Applications can be submitted using the Department’s online Beehive Distribution Program
system or by postal mail during the application period. Applications should include a valid email address.
● Applications may be submitted electronically to the Department utilizing the online application system at https://www.vdacs.virginia.gov/plant-industry-services-beehive-distribution-program.shtml; or ● Applications may be submitted by postal mail. To request an application, contact the
Office of Plant Industry Services at (804) 786-3515 or VABees@vdacs.virginia.gov. The Department will only consider applications postmarked during the application period.
The address for mailing applications is
3
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VDACS Office of Plant Industry Services Beehive Distribution Program
P. O. Box 1163 Richmond, VA 23218
COMPLIANCE
The Department reserves the right to inquire into the legitimacy of any application, as well as the right to inspect any bee colony established in a beehive unit received as part of the Program. A colony shall consist of a laying queen, brood, and at least 10 frames of adult bees.
The hive should contain honey and pollen in amounts sufficient to sustain the colony into the
following year.
BEECHECK
BeeCheck™ is a voluntary online communication tool that allows beekeepers and pesticide
applicators to work together to protect apiaries through the use of the BeeCheck™ mapping program. Participants in the Program and other beekeepers are encouraged to enter their apiary location(s) on the BeeCheck™ website, at VA.BeeCheck.org, in order to provide information to pesticide applicators regarding the location of beehives in the vicinity of a
planned pesticide application.
DISCLAIMERS
- By submitting an application to the Program, the applicant agrees to hold free and harmless the Commonwealth of Virginia and its officers, employees, and agents from and against all loss, liability, injury, and damage, including but not limited to injury or death to any person
or damage to any property, resulting from or caused by, directly or indirectly, the applicant’s beekeeping activity.
- The Department reserves the right to revise these guidelines.
QUESTIONS
Email inquiries regarding the Beehive Distribution Program to VABees@vdacs.virginia.gov.
4
Guidelines for Section 24(c) Pesticide RequestsDoc ID: 5034
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF CONSUMER PROTECTION
OFFICE OF PESTICIDE SERVICES
Guidance Document 5034 number: Subject: Requirements for a Section 24(c) Submission
Issue date: December 11, 2014 (Updated Agency Contact June 25, 2019) Expiration date: In effect until otherwise rescinded
PURPOSE: To provide guidelines and establish minimum requirements the submission of requests to approve Special Local Need Registrations as permitted under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA Section 24(c) grants states to permit additional uses of pesticide to meet special local needs within the state.
General Requirements
The following information is required for a Section 24(c) submission. Information submitted will be reviewed for completeness by the Office of Pesticide Services, and then distributed for review by a committee of university researchers. Requests are usually processed and a decision is made to approve or deny the request in four to six weeks.
-
Completed EPA application form (8570-25);
-
Proposed Section 24(c) label;
-
Letter of support from a representative of VPI&SU or VSU, documenting the nature of the "special local need" for Virginia;
-
Data to support how the product meets the need (e.g., greater safety or effectiveness);
-
Executive summary/report and findings of the toxicological studies (human and environmental) and environmental fate studies existing for the product including:
a. Biological Activity and Use 1. purpose 2. general information 3. field biological activity
- mode of action and symptomology
- uptake (absorption) and translocation characteristics
- plant selectivity and weed sensitivity
- end use products and their uses
b. Fate Behavior in the Environment 1. environmental properties of the molecule 2. fate in soil 3. fate in aquatic environments
c. Animal and Plant Metabolism
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d. Toxicity of the Technical Active Ingredient 1. acute oral toxicity 2. acute dermal toxicity 3. actuate inhalation toxicity 4. skin irritation 5. eye irritation 6. skin sensitization 7. sub-chronic toxicity 8. chronic toxicity 9. reproductive toxicity
- genotoxicity 11. neurotoxicity
e. Human Exposure, Risk and Safety Information 1. consumer exposure and risk 2. occupational exposure and risk 3. aggregate exposure and risk
f. Wildlife and Other Non-Target Species 1. avian species 2. aquatic species 3. soil microorganisms 4. non-target aquatic plants 5. other non-target organism 6. non-target terrestrial plants 7. environmental risk
g. Metabolites 1. metabolites from break down of product 2. potential impact or effect of metabolites in ground water 3. potential impact or effect of metabolites in surface water 4. potential impact or effect of metabolites on aquatic species;
-
Potential impact or effect of metabolites on the food chain;
-
Residue study data, as appropriate, for the requested use (food, tobacco, hemp);
-
Pyrolysis data, in the case of a requested tobacco use;
-
Seven (7) copies of the complete packet (inquire about submitting electronic copies);
-
Registration fee: $160, if the product is not already registered in Virginia.
Requests should be addressed to: If you have any questions, please contact: Micah B. Raub, Supervisor, CLRT Marlene Larios, Program Coordinator Office of Pesticide Services Certification, Licensing, Registration & VDACS Training Unit P. O. Box 1163 (804) 786-8934 Richmond, VA 23218 (804) 786-9149 (fax) Marlene.Larios@vdacs.virginia.gov
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Revised 06/25/2019
Virginia Motor Fuels Enforcement Penalty GuidelinesDoc ID: 3748
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GUIDELINES FOR ENFORCEMENT OF THE VIRGINIA CODE RELATING TO MOTOR FUELS AND
LUBRICATING OILS ‐ CIVIL PENALTY ASSESSMENT DECISION MATRIX
STATEMENT OF BASIS – STATUTORY AUTHORITY ‐‐ §§ 59.1‐149 through 59.1‐157, 59.1‐163, and 59.1‐165 through 59.1‐167.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED, Chapter 12 of Title 59.1 sections numbered 59.1‐167.2 and 59.1‐167.3 OF THE CODE OF VIRGINIA (1950),
AS AMENDED.
STATEMENT OF PURPOSE ‐‐ These guidelines provide direction to the Agency personnel in determining the amount of the penalty that shall be considered to be appropriate for various violations. It is designed to insure, to the extent practicable, that similar violations will be assessed generally comparable penalties in as uniform a manner as possible.
- 1 Definitions
The following words and terms, when used in these guidelines, shall have the following meanings, unless the context clearly indicates otherwise:
“Board” means the Board of Agriculture and Consumer Services.
“Previous violation” means any violation of any section of the Code of Virginia specified above, or regulations adopted pursuant thereto, cited within the three‐year period
preceding the current violation.
- 2 Provision for Civil Penalties Generally
Any person violating any section of the Code of Virginia, as specified above, or regulations adopted hereunder, may be assessed a civil penalty by the Board in an amount not to exceed $1,000.
- 3 Assessment of separate violations
A. Each violation of any section of the Code of Virginia, as specified above, or regulations adopted pursuant thereto, shall be assessed separately for the purpose of determining the total civil penalty assessment.
B. In cases of continued violation, a civil penalty may be assessed separately for
each day of violation beginning with the day of notification of the violations and ending with the date of abatement.
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MOTOR FUELS AND LUBRICATING OILS LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
- 4 Penalty Point System
The point system described in this section shall be used to determine the amount of the civil penalty.
A. Type of Violation
A person or firm in violation of any section of the Code of Virginia, as specified above, or regulations adopted pursuant thereto, shall be assigned up to 10 points for the type of violation described in one of the following categories:
Points Type of Violation
2 ‐ 4 Sell, offer or expose for sale motor fuel not meeting minimum
specifications 2 – 4 Failure to register petroleum products as required by law or regulations 4 – 6 Failure to retain records as required by law or regulation
4 – 6 Failure to label dispensers as required
4 – 6 Failure to provide documentation of deliveries as required by law or regulations 6 – 10 Selling or attempting to sell motor fuels which do not meet the octane or cetane rating as specified on the dispenser 7 – 10 Dispose of petroleum products in a manner contrary to law or regulations 8 – 10 Attempting to sell or selling non‐complying gasoline in the control
area during a control period 8 – 10 Attempting to sell or selling defective motor fuel and lubrication oil prohibited from sale by the Commissioner 8 – 10 Selling or attempting to adulterate or attempting to sell adulterated motor fuel that does not meet the requirements of the law or regulations 10 Violate a stop sale, use, or removal order
10 Interfere with the Commissioner or his duly authorized agents in the performance of his duties 10 Impersonate any federal or state inspector or official
2
[TABLE 2-1] Points | Type of Violation 2 ‐ 4 | Sell, offer or expose for sale motor fuel not meeting minimum specifications 2 – 4 | Failure to register petroleum products as required by law or regulations 4 – 6 | Failure to retain records as required by law or regulation 4 – 6 | Failure to label dispensers as required 4 – 6 | Failure to provide documentation of deliveries as required by law or regulations 6 – 10 | Selling or attempting to sell motor fuels which do not meet the octane or cetane rating as specified on the dispenser 7 – 10 | Dispose of petroleum products in a manner contrary to law or regulations 8 – 10 | Attempting to sell or selling non‐complying gasoline in the control area during a control period 8 – 10 | Attempting to sell or selling defective motor fuel and lubrication oil prohibited from sale by the Commissioner 8 – 10 | Selling or attempting to adulterate or attempting to sell adulterated motor fuel that does not meet the requirements of the law or regulations 10 | Violate a stop sale, use, or removal order 10 | Interfere with the Commissioner or his duly authorized agents in the performance of his duties 10 | Impersonate any federal or state inspector or official
[/TABLE]
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MOTOR FUELS AND LUBRICATING OILS LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
B. Seriousness of Violation
A person or firm in violation of any section of the Code of Virginia, as specified above, or regulations adopted pursuant thereto, shall be assigned up to 10 points for the seriousness of the violation, taking into consideration any one of the following factors:
(i) Potential monetary consequences.
(ii) Potential of impact to competitors.
(iii) Degree of inconvenience or deception to a buyer or prospective buyer.
(iv) Degree of disregard for the law.
Points Seriousness Category
1 – 3 Minor violations; those having minimal impact on the consumer or competitors 4 – 6 Moderate violations; those having a measurable impact on the consumer or competitors 7 – 10 Serious violation; those having an adverse impact on the consumer
or competitors
C. Culpability
A person or firm in violation of any section of the Code of Virginia, as specified above, or regulations adopted pursuant thereto, shall be assigned up to 6 points, from one of the following categories, based on the degree of fault of the person
to whom the violation is attributed
Points Culpability Category
0 No fault attributed; an inadvertent violation which was unavoidable by the exercise of reasonable care 1 – 2 Lack of knowledge; a violation which is the result of the individual
being unaware of the statutory requirements 3 – 4 Negligent
5 – 6 Knowing; aware of actions
3
[TABLE 3-1] Points | Seriousness Category 1 – 3 | Minor violations; those having minimal impact on the consumer or competitors 4 – 6 | Moderate violations; those having a measurable impact on the consumer or competitors 7 – 10 | Serious violation; those having an adverse impact on the consumer or competitors
[/TABLE]
[TABLE 3-2] Points | Culpability Category 0 | No fault attributed; an inadvertent violation which was unavoidable by the exercise of reasonable care 1 – 2 | Lack of knowledge; a violation which is the result of the individual being unaware of the statutory requirements 3 – 4 | Negligent 5 – 6 | Knowing; aware of actions
[/TABLE]
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MOTOR FUELS AND LUBRICATING OILS LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
D. History of Previous Violations
In determining the amount of a civil penalty, the history of previous violations of the business or natural person shall be considered.
(i) For current violations resulting from actions of a business, one point shall be assigned for each previous violation found that resulted from the
actions of the business. Each physical business location shall be treated as a separate entity.
(ii) For current violations resulting from the actions of a natural person, one point shall be assigned for each previous violation found that is attributable to the same natural person cited in the current violation.
(iii) Previous violations overturned through the appeal process shall not be
counted.
(iv) In instances where both the business and a natural person have been cited in the current case, and both have previous violations, points may be assigned for both.
E. Credit for good faith in attempting to achieve compliance
The demonstrated good faith of the person or firm in attempting to achieve rapid compliance after notification of the violation shall be taken into consideration in determining penalty points. Up to four points shall be deducted from the total points assigned under Subsection A, B, C and D, based on the following categories:
Points Good Faith Credit Category
3 – 4 Immediate action taken to abate the violation, and correct any conditions resulting from the violation, in the shortest possible amount of time. 1 – 2 Prompt and diligent efforts made to abate the violation, and correct any conditions resulting from the violation, within a reasonable period of time.
0 No points deducted
4
[TABLE 4-1] Points | Good Faith Credit Category 3 – 4 | Immediate action taken to abate the violation, and correct any conditions resulting from the violation, in the shortest possible amount of time. 1 – 2 | Prompt and diligent efforts made to abate the violation, and correct any conditions resulting from the violation, within a reasonable period of time. 0 | No points deducted
[/TABLE]
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MOTOR FUELS AND LUBRICATING OILS LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
F. Determination of base civil penalty
The total penalty point amount shall be determined by adding the points assigned under Subsections A, B, C and D, and subtracting from the subtotal the points assigned under Subsection E of this Section. The resulting total penalty point amount is converted to a dollar amount, according to the following schedule:
Points Dollars 1 $ 10 2 $ 20 3 $ 30 4 $ 40
5 $ 50 6 $ 60 7 $ 70 8 $ 80 9 $ 90 10 $ 100
11 $ 150 12 $ 200 13 $ 250 14 $ 300 15 $ 400 16 $ 500
17 $ 625 18 $ 750 19 $ 875 20 $ 1,000
G. Consideration of previous violations; reduction of penalty
All previous violations of a person or firm shall be taken into consideration in determining the base civil penalty. In the case of a less than serious violation where no previous violation exists, the base civil penalty may be reduced by 20 percent. In the case of a serious violation or a repeat violation the base civil penalty shall not be reduced.
5
[TABLE 5-1] Points | Dollars 1 | $ 10 2 | $ 20 3 | $ 30 4 | $ 40 5 | $ 50 6 | $ 60 7 | $ 70 8 | $ 80 9 | $ 90 10 | $ 100 11 | $ 150 12 | $ 200 13 | $ 250 14 | $ 300 15 | $ 400 16 | $ 500 17 | $ 625 18 | $ 750 19 | $ 875 20 | $ 1,000
[/TABLE]
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MOTOR FUELS AND LUBRICATING OILS LAW
CIVIL PENALTY ASSESSMENT DECISION MATRIX
- 5 Waiver of Use of Formula to Determine Civil Penalty
A. The Board may waive the use of the formula contained in Section 1.4 to set the civil penalty, if the Board determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. The basis for every waiver shall be fully explained and documented in the records of the case.
B. If the board waives the use of the formula, it shall give a full written explanation of the basis for any penalty assessment to the person or firm found in violation.
Adopted by the Virginia Board of Agriculture and Consumer Services Effective October 1, 2008
6
Virginia Pesticide Enforcement GuidelinesDoc ID: 5031
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VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
OFFICE OF PESTICIDE SERVICES
GUIDELINES FOR ENFORCEMENT OF THE VIRGINIA PESTICIDE CONTROL ACT
CIVIL PENALTY ASSESSMENT DECISION MATRIX
Statutory Authority: § 3.2-3943 of the Code of Virginia (1950), as amended.
§ 1.1 Definitions
The following words and terms, when used in these guidelines, shall have the following meanings, unless the context clearly indicates otherwise:
“Act” means the Virginia Pesticide Control Act, Chapter 39 of Title 3.2 (§§ 3.2-3900 through 3.2-3947) of the Code of Virginia (1950), as amended.
“Board” means the Board of Agriculture and Consumer Services
“Pesticide Business” means any person engaged in the business of: distributing, applying, or recommending the use of a product; or storing, selling, or offering for sale pesticides directly to the user. The term “pesticide business” does NOT include (i) wood treaters not for hire; (ii) seed treaters not for hire; (iii) operations that produce agricultural products unless the owners or operators of such operations described in clauses (i), (ii), and (iii) are engaged in the business of selling or offering for sale pesticides, or distributing pesticides to persons outside of that agricultural producing operation in connection with commercial transactions; or (iv) businesses exempted by regulations adopted by the Board.
“Previous Violation” means any violation of the Virginia Pesticide Control Act, or regulations adopted pursuant thereto, that resulted in a Notice of Warning or civil penalty cited within the three-year period preceding the current violation.
“Reportable pesticide spill, accident, or incident” means any release of a pesticide into the environment in any manner not in accordance with instructions for use or disposal provided on the product label.
§ 1.2 Provision for Civil Penalties Generally
A. The Board may assess a penalty of not more than $1,000 for a violation that is less than serious, not more than $5,000 for a serious violation, and not more than $20,000 for a repeat or knowing violation.*
B. The Board may assess an additional penalty of up to $100,000 for any violation that causes serious damage to the environment, causes serious injury to property; serious injury to, or death of, any person.*
C. Civil penalties may be imposed against a pesticide business or its employees for acts determined to be violations of the Pesticide Control Act or regulations of the Board. Each physical business location shall be treated as a separate entity.
D. Civil penalties may be imposed against any person for acts determined to be violations of the Pesticide Control Act or regulations of the Board.
*Language taken from the Code of Virginia, § 3.2-3943, Part B
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VDACS – Decision Matrix Page 2 of 7
§ 1.3 Assessment of separate violations
A. Each violation of the Act, or regulations adopted pursuant thereto, shall be assessed separately for the purpose of determining the total civil penalty assessment.
B. In cases of continued violation, a civil penalty may be assessed separately for each day of the violation beginning with the date of notification of the violation and ending with the date of abatement.
§ 1.4 Penalty Point System
The point system described in this section shall be used to determine the amount of the civil penalty.
C. Type of violation
A natural person or pesticide business in violation of the Act, or regulations adopted pursuant thereto, shall be assigned up to 10 points for the type of violation described in one of the following categories:
Points Violation Category
1-2 Failing to comply with the regulations for certification or licensing, or the conditions of a certificate or license.
1-2 Failing to meet all requirements regarding labeling, registration, color, composition, and container for a pesticide or device.
1-2 Making any statement, declaration or representation through any medium implying that any natural person certified or registered under the provisions of Article 3 of the Act is recommended or endorsed by any agency of the Commonwealth.
2-3 Applying any pesticide in a negligent manner.
2-3 Failing to maintain proper records or permit access to records as required.
2-3 Failing to notify Department of a reportable pesticide spill, accident, or incident.
2-3 Dispensing, applying or using any pesticide through any equipment not in sound mechanical condition, or not properly equipped with effective cut-off valves, leak-proof pesticide tanks and distribution systems, or not equipped to dispense a pesticide at the proper rate.
2-4 Handling, transporting, storing, displaying, or distributing pesticides in a manner that may endanger humans, and the environment, or which may contaminate food, feed, or other products transported, displayed, stored, or distributed with pesticides.
2-4 Making pesticide recommendations, or causing a natural person to use any pesticide, in a manner inconsistent with label directions or in violation of the Act, or regulations promulgated pursuant thereto.
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VDACS – Decision Matrix Page 3 of 7
2-4 Making false or fraudulent records, invoices or reports.
3-6 Using any pesticide, or storing or disposing of any pesticide or container inconsistent with label directions or in violation of the Act, or regulations promulgated pursuant thereto.
3 Providing one’s certification or registration to be used by another natural person.
4 Using to fill pesticide handling, storage, or application equipment, any hose, pump, or other equipment that has not been fitted with an effective device to prevent back flow or back siphon.
4 Providing or making available any restricted use pesticide to any natural person not certified to use such a pesticide.
7-8 Aiding, abetting or conspiring with any natural person to violate the provisions of Article 3 of the Act, or regulations adopted pursuant thereto.
8 Using fraud, or false claims involving pesticide sale or use, or involving licensing, certification, or registration requirements of the Act, or regulations adopted pursuant thereto.
8 Making false or fraudulent claims misrepresenting the effect of materials or methods to be utilized or sold or the effects of a pesticide application on the environment or on human health and safety.
10 Violating a stop sale, use, or removal order.
10 Failure to comply with any lawful order of the Commissioner or the Board.
10 Neglecting, or after notice, refusing to comply with the provisions of Article 5 of the Act, or regulations promulgated pursuant thereto.
10 Interfering with the Commissioner or his duly authorized agents in the performance of duties.
10 Impersonating any federal, state, county or city inspector or official.
B. Damage Caused or Potential for Causing Damage
A natural person or pesticide business in violation of the Act, or regulations adopted pursuant thereto, shall be assigned up to 10 points for the real or potential damage associated with the violation, taking into consideration any harm to the environment and any hazard to public health and safety, as described in one of the following categories:
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VDACS – Decision Matrix Page 4 of 7
Points Damage Category
0 No actual or potential damage to the environment or threat to human health and safety.
1-2 Slight actual or potential damage to property or the environment, or such threat to human health and safety.
3-4 Moderate, but significant, actual damage to property or the environment; also, moderate, but significant, potential damage to property or the environment, or such threat to human health and safety.
5-6 Serious actual damage to property or the environment; also, serious potential damage to property or the environment, or such threat to human health and safety.
7-8 Very serious actual damage to property or the environment; also, very serious potential damage to property, the environment, or such threat to human health and safety.
9-10 Extremely serious actual damage to property or the environment that may be irreparable, or which can be corrected only after a considerable effort or period of time; also, extremely serious potential damage to property or the environment, or such threat to human health and safety.
C. Culpability
A natural person or pesticide business in violation of the Act, or regulations adopted pursuant thereto, shall be assigned up to six points, from one of the following categories, based on the degree of fault of the natural person to whom the violation was attributed:
Points Culpability Category
0 No fault attributed; an inadvertent violation that was unavoidable by the exercise of reasonable care.
1-2 Negligent.
3–6 Knowing, aware of actions.
D. History of Previous Violations
In determining the amount of a civil penalty, the history of previous violations of the pesticide business or natural person shall be considered.
For current violations resulting from actions of a pesticide business, one point shall be assigned for each previous violation found that resulted from the actions of the pesticide business. Each physical business location shall be treated as a separate entity.
--- Page 5 ---
VDACS – Decision Matrix Page 5 of 7
For current violations resulting from the actions of a natural person, one point shall be assigned for each previous violation found that is attributable to the same natural person cited in the current violation.
Previous violations overturned through the appeal process shall not be counted.
In instances where both the pesticide business and a natural person have been cited in the current case, and both have previous violations, points may be assigned for both.
E. Credit for good faith in attempting to achieve compliance.
The demonstrated good faith of the natural person or pesticide business in attempting to achieve rapid compliance after notification of the violation shall be taken into consideration in determining penalty points. No more than four points may be deducted from the total points assigned under Subsections A, B, C, and D, based on the following categories:
Points Good Faith Credit Category
3-4 Immediate action taken to abate the violation, and correct any conditions resulting from the violation, in the shortest possible amount of time.
1-2 Prompt and diligent efforts made to abate the violation, and correct any conditions resulting from the violation, within a reasonable period of time.
0 No points deducted.
F. Determination of base civil penalty
The total penalty point amount shall be determined by adding the points assigned under Subsections
A, B, C, and D, and subtracting from that subtotal the points assigned under Subsection E of this Section. The resulting total penalty point amount is converted to a dollar amount, according to Table
A.
G. Reduction of Penalty
In the case of a less than serious violation where no previous violation exists, the base civil penalty may be reduced by 20 percent. In the case of a serious violation or a previous violation, the base civil penalty shall not be reduced.
H. Additional penalty for causing serious damage, illness, or death
An additional penalty of up to $100,000 may be assessed for any violation that causes serious damage to the environment, serious injury to property, or serious injury to or death of any person.
Each serious incident shall be examined on a case-by-case basis, taking into consideration the severity of the damage or injury, the potential long-term effects, and any economic loss involved.
The basis for an additional assessment shall be fully explained and documented in the records of the case.
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VDACS – Decision Matrix Page 6 of 7
§ 1.5 Waiver of Use of Formula to Determine Civil Penalty
A. The Board may waive the use of the formula contained in Section 1.4 to set the civil penalty, if the Board determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. The basis for every waiver shall be fully explained and documented in the records of the case.
B. If the Board waives the use of the formula, it shall give a full written explanation of the basis for any penalty assessment to the natural person or pesticide business found in violation.
Virginia Department of Agriculture and Consumer Services Office of Pesticide Services September 1995 (published revision) December 2003 (reformatted) February 2009 (code citations updated) July 2012 (reference to Board of Agriculture & Consumer Services updated)
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VDACS – Decision Matrix
Page 7 of 7
TABLE A For converting total penalty points into base civil penalty
Points Dollars Points Dollars
1 $ 50 21 $ 7000
2 100 22 7500
3 150 23 8000
4 200 24 8500
5 350 25 9000
6 500 26 9500
7 650 27 10000
8 800 28 10500
9 1000 29 11000
10 1500 30 11500
11 2000 31 12000
12 2500 32 12500
13 3000 33 13000
14 3500 34 14000
15 4000 35 15000
16 4500 36 16000
17 5000 37 17000
18 5500 38 18000
19 6000 39 19000
20 6500 40 20000
Model Ordinance for Charitable OrganizationsDoc ID: 5328
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Model Ordinance for Localities
Be it enacted by the [City Council or Board of Supervisors] of [Name of Locality]
That pursuant to § 57- 63, Code of Virginia (1950), as amended, the following ordinance is hereby adopted:
CHAPTER 1
§ 1-1. Definitions.
Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:
(a) "Charitable organization" means any person that is or holds itself out to be organized or operated for any charitable purpose, or any person which solicits contributions from the public.
This definition shall not be deemed to include any church or convention or association of churches primarily operated for non-secular purposes and no part of the net income of which inures to the direct benefit of any individual; nor shall it include any political party as defined in § 24.2-101, Code of Virginia (1950), as amended, or any political campaign committee or political action committee or other political committee required by local, state or federal law to file a report or statement of contributions and expenditures; nor shall it include any authorized individual who solicits, by authority of such organization, solely on behalf of a licensed or exempt charitable organization licensed or exempt under this Chapter or a charitable organization registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services as required by § 57-49, Code of Virginia (1950), as amended, or on behalf of any organization excluded from the definition of charitable organization.
(b) "Charitable purpose" means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation.
(c) “Charitable sales promotion" means advertised sales that feature the names of both the commercial co-venturer and the charitable or civic organization and which state that the purchase or use of the goods, services, entertainment, or any other thing of value that the commercial co-venturer normally sells, will benefit the charitable or civic organization or its purposes. To qualify as a charitable sales promotion, the consumer must pay the same price for the thing of value as the commercial co-venturer usually charges without the charitable sales promotion and the consumer retains the thing of value.
(d) "Civic organization" means any local service club, veterans' post, fraternal society or association, volunteer fire or rescue groups, or local civic league or association of ten or more persons not organized for profit but operated exclusively for educational or charitable purposes as defined herein, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational or social welfare purposes.
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(e) "Commercial co-venturer" means any person who (i) is organized for profit, (ii) is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes, and (iii) conducts an advertised charitable sales promotion for a specified limited period of time.
(f) "Contribution" means any gift, bequest, devise or other grant of any money, credit, financial assistance or property of any kind or value, including the promise to contribute, except payments by the membership of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance or property received from any governmental authority. The term "contribution" shall not include any donation of blood or any gift made pursuant to Article 2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1, Code of Virginia (1950), as amended.
(g) "Director" means the Director of the [name of the office within the locality], or a member of
his staff to whom he may delegate his duties under this Chapter.
(h) "Federated fund-raising organization" means any federation of independent charitable organizations which have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual agencies upon the federated group organization.
(i) "Fund-raising expenses" means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation.
(j) "Membership" means those persons to whom, for payment of fees, dues, assessments, etc., an organization provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit, in addition to the right to vote, elect officers, or hold offices. The term "membership" shall not include those persons who are granted a membership upon making a contribution as the result of solicitation.
(k) "Parent organization" means that part of a charitable organization which coordinates, supervises or exercises control over policy, fund raising, and expenditures, or assists or advises one or more chapters, branches or affiliates.
(l) "Person" means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit.
(m) "Professional fund-raising counsel" means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a licensed or exempt charitable organization licensed or exempt under this Chapter or a charitable organization registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services as required by § 57-49, Code of Virginia (1950), as amended, or the bona fide salaried officer or employee
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of a licensed or exempt parent organization licensed or exempt under this Chapter or a charitable organization registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services as required by § 57-49, Code of Virginia (1950), as amended, shall not be deemed to be a professional fund-raising counsel.
(n) "Professional solicitor" means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees specially employed by, or for a charitable or civic organization, who are engaged in the solicitation of contributions under the direction of such person, or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. A bona fide salaried officer or employee of a licensed or exempt charitable organization licensed or exempt under this
Chapter or a charitable organization registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services as required by § 57-49, Code of Virginia (1950), as amended, or a bona fide salaried officer or employee of a licensed or exempt parent organization licensed or exempt under this Chapter or a charitable organization registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services as required by § 57-49, Code of Virginia (1950), as amended, shall not be deemed to be a professional solicitor.
(o) "Sale," "sell" and "sold" means the transfer of any property or the rendition of any service to any person in exchange for consideration, including any purported contribution without which such property would not have been transferred or such services would not have been rendered.
(p) "Solicit" and "solicitation" means the request or appeal, directly or indirectly, for any contribution on the plea or representation that such contribution will be used for a charitable purpose, including, without limitation, the following methods of requesting such contribution:
(1) Any oral or written request;
(2) Any announcement to the press, over the radio or television, or by telephone or telegraph concerning an appeal or campaign to which the public is requested to make a contribution for any charitable purpose connected therewith;
(3) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support; or
(4) The sale of, offer or attempt to sell, any advertisement, advertising space, subscription, ticket, or any service or tangible item in connection with which any appeal is made for any charitable purpose or where the name of any charitable or civic organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such
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sale will be donated to any charitable purpose.
Solicitation as defined herein, shall be deemed to occur when the request is made, at the place the request is received, whether or not the person making the same actually receives any contribution.
(q) "Terrorists and terrorist organizations" means any person, organization, group or conspiracy who assists or has assisted terrorist organizations, as provided in 18 U.S.C. § 2339 B or who commits or attempts to commit acts of terrorism, as defined in § 18.2-46.4, Code of Virginia (1950), as amended.
§ 1-2. Licensing of charitable or civic organizations; prohibition against support of terrorists.
(a) Every charitable or civic organization, except as otherwise provided herein, which intends to solicit contributions within [name of locality], or have funds solicited on its behalf, shall, prior to any solicitation, file an initial license application with the Director upon forms acceptable to him.
Each license application shall thereafter be refiled on or before the fifteenth day of the fifth calendar month of the next and each following fiscal year in which such charitable or civic organization is engaged in solicitation activities within this locality. It shall be the duty of the president, chairman or principal officer of such charitable or civic organization to file the license application required herein. Such license application shall contain the following information:
(1) The name of the organization and the purpose for which it was organized.
(2) The principal address of the organization, the address of any offices in [name of locality] and its designated agent for process with the Commonwealth. If no such agent is designated, the organization shall be deemed to have designated the Secretary of the Commonwealth. If the organization does not maintain an office, the name and address of the person having custody of its financial records.
(3) The names and addresses of any chapters, branches or affiliates in [name of locality].
(4) The place where and the date when the organization was legally established, the form of its organization, and a reference to any determination of its tax-exempt status under the Internal Revenue Code.
(5) The names and addresses of the officers, directors, trustees and the principal salaried executive staff officer.
(6) A copy of a balance sheet and income and expense statement, with the opinion of any independent public accountant, for the organization's immediately preceding fiscal year; a copy of a financial statement certified by an independent public accountant covering, in a consolidated report, complete information as to all the preceding year's fund-raising activities of the charitable or civic organization,
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showing kind and amount of funds raised, fund-raising expenses and allocation of disbursement of funds raised; or a copy of Internal Revenue Service Form 990.
Any organization whose annual gross revenue qualifies such organization to file Form 990-N (also referred to as the e-Postcard) with the Internal Revenue Service may submit a balance sheet and income and expense statement verified under oath or affirmation by the treasurer of the organization. The report required by this subparagraph shall comply with the accounting standards prescribed pursuant to § 1-6 of this Chapter.
(7) A statement showing the computation of the percentages provided for in § 1-10 of this Chapter.
(8) A statement indicating whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others.
(9) A statement indicating whether the organization is authorized by any other governmental authority to solicit contributions and whether it, or any officer, professional fund-raiser or professional solicitor thereof, is or has ever been enjoined by any court or otherwise prohibited from soliciting contributions in any jurisdiction.
(10) The general purpose or purposes for which the contributions to be solicited shall be used.
(11) The name or names under which it intends to solicit contributions.
(12) The names of the individuals or officers of the organization who will have final responsibility for the custody of the contributions.
(13) The names of the individuals or officers of the organization responsible for the final distribution of the contributions.
(14) A statement indicating whether the organization, or any officer, professional fund-raiser or professional solicitor thereof, has ever been convicted of a felony and, if so, a description of the pertinent facts.
(15) A copy of the current articles of incorporation, bylaws, or other governing documents. If current copies are already on file with the Commissioner, only amendments, if any, shall be filed in years after the initial registration.
(16) A description of the types of solicitation to be undertaken.
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(a1) Every license application shall include the following language: "No funds have been or will knowingly be used, directly or indirectly, to benefit or provide support, in cash or in kind, to terrorists, terrorist organizations, terrorist activities, or the family members of any terrorist."
(a2) No person shall be licensed by the Director to solicit funds that are intended to benefit or support terrorists, terrorist organizations or terrorist activities. No person shall be licensed by the Director to solicit funds that are intended to benefit or support a family member of any terrorist, unless a court of competent jurisdiction within the Commonwealth, upon petition of an interested person, finds by clear and convincing evidence that, for a period of at least three years next preceding any act of terrorism committed by such terrorist or terrorist organization, the family members to whom the benefit of the contributions shall inure have been living separate and apart from the terrorist or terrorist organization, and the family members have not provided any financial support, in cash or in kind, to the terrorist or terrorist organization for the same period of time.
(b) Each chapter, branch or affiliate located within this locality, except an independent member agency of a federated fund-raising organization, shall separately report the information required by this section or report the information to its parent organization which shall then furnish such information as to itself and all local affiliates, chapters and branches in a consolidated form. All affiliated organizations included in a consolidated license application shall be considered as one charitable or civic organization for all purposes of this Chapter. If a consolidated license application is filed, all applications thereafter filed shall be upon the same basis unless permission to change is granted by the Director.
(c) Each federated fund-raising organization located within this locality shall report the information required by this section in a consolidated form. Any federated fund-raising organization may elect to exclude from its consolidated report information relating to the separate fund-raising activities of all of its independent member agencies. No member agency of a federated fund-raising organization shall be required to report separately any information contained in such a consolidated report; provided, however, that any separate solicitation campaign conducted by, or on behalf of, any such member agency in this locality shall
nevertheless be subject to all other provisions of this Chapter.
(d) The application forms shall be signed by an authorized officer of the charitable or civic organization.
(e) Every charitable or civic organization which submits an independent application to the Director shall pay an annual license fee of ten dollars ($10). A parent organization filing on behalf of one or more chapters, branches or affiliates or a federated fund-raising organization filing on behalf of its member agencies shall pay a single annual license fee. All fees paid hereunder shall be credited to the [name of the office within the locality], for reimbursement of administrative expenses.
§ 1-3. Reciprocal agreements.
The Director may enter into a reciprocal agreement with the appropriate authority of any other
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locality within the Commonwealth for the purpose of exchanging information with respect to charitable or civic organizations. Pursuant to such agreements, the Director may accept information filed by charitable or civic organizations with the appropriate authority of another locality within this Commonwealth in lieu of the information required to be filed pursuant to § 1-2 of this Chapter.
§ 1-4. Publication of warning concerning certain charitable and civic organizations.
If the Director determines that any charitable or civic organization not licensed with this office and not exempt from licensure, irrespective of whether such organization is subject to the jurisdiction of this locality, is soliciting in this locality, directly or indirectly, by any means including without limitation, by telephone or telegraph, by direct mail or by advertising in national media, he may, after ten days' written notice mailed to the charitable or civic organization, cause to be printed in one or more newspapers published and/or distributed in this
locality a notice in substantially the following form
WARNING--UNLICENSED CHARITABLE SOLICITATION
The organization named below has solicited contributions from area residents for allegedly charitable purposes. It has not filed the appropriate license application with the Director of the [name of the office within the locality] as required by law.
Contributors are cautioned that their contributions to such organization may be used for non-charitable purposes.
A copy of said warning shall immediately thereupon be forwarded to the Commissioner of the Virginia Department of Agriculture and Consumer Services.
§ 1-5. Publication of warnings concerning solicitation by professional solicitors.
If the Director determines that any charitable or civic organization required to be licensed with this locality has contracted with a professional solicitor to solicit on its behalf and that the
professional solicitor may be soliciting or has solicited in this locality, directly or indirectly, by any means including, without limitation, by telephone or telegraph, by direct mail or by advertising in national media, and the professional solicitor has not registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services as required by § 57-61, Code of Virginia (1950), as amended, the Director may, after five days' written notice mailed to the charitable or civic organization, cause to be printed in one or more newspapers published in this locality a notice in substantially the following form:
WARNING--UNREGISTERED CHARITABLE SOLICITATION BY
PROFESSIONAL SOLICITOR
The charitable or civic organization named below has contracted with a professional solicitor to solicit on its behalf. The professional solicitor has not registered with the Commonwealth of Virginia as required by law. Contributors are cautioned that their contributions may be used for noncharitable purposes.
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A copy of said warning shall immediately thereupon be forwarded to the Commissioner of the Virginia Department of Agriculture and Consumer Services.
§ 1-6. Records to be kept by charitable or civic organizations.
Every charitable or civic organization required to be licensed with this locality shall keep true fiscal records for all fiscal years beginning on and continuing after the effective date hereof, in accordance with the standards set out in § 57-53, Code of Virginia (1950), as amended. Such records shall be retained for a period of at least three (3) years after the end of the period to which they relate.
§ 1-7. Charitable solicitation disclosure.
Every professional solicitor who solicits contributions from a prospective contributor in this locality: (i) shall identify himself and his employer; (ii) shall disclose that he is a paid solicitor; and (iii) shall further disclose, in writing, the fact that a financial statement for the last fiscal year is available from the Virginia Department of Agriculture and Consumer Services. Such disclosure shall comply with the requirements set forth in the Rules Governing the Solicitation of Contributions promulgated by the Virginia Board of Agriculture and Consumer Services.
§ 1-8. Information filed to become public records.
License applications, reports, and all other documents and information required to be filed under this Chapter shall become public records in the office of the Director, and shall be open to the general public for inspection at such time and under such conditions as the Director may prescribe. A charge not exceeding one dollar per page may be made for any copy of such documents and information as may be furnished any person by the Director.
§ 1-9. Prohibited acts.
(a) No charitable or civic organization shall use or exploit the fact of licensing under this Chapter so as to lead the public to believe that such license in any manner constitutes an endorsement or approval by this locality. The use of the following statement shall not be deemed a prohibited exploitation, "Licensed with the Director of the Bureau of Business Licenses as required by law. Licensure does not imply endorsement of a public solicitation for contributions."
(b) No person shall, in connection with the solicitation of contributions or the sale of tangible personal property or services represent, or lead anyone by any manner, means, practice or device whatsoever to believe, that the person on whose behalf such solicitation or sale is being conducted is a bona fide charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if he has reason to believe such not to be the fact.
(c) No person shall, in connection with the solicitation of contributions or the sale of tangible personal property or services for charitable purposes, represent or lead anyone by any manner,
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means, practice or device whatsoever to believe, that any other person sponsors or endorses such solicitation of contributions, sale of tangible personal property or services for charitable purposes or approves of such charitable purposes or a charitable organization connected therewith when such other person has not given written consent to the use of his name for these purposes.
Any member of the board of directors or trustees of a charitable organization or any other person who has agreed either to serve or to participate in any voluntary capacity in the campaign shall be deemed thereby to have given his consent to the use of his name in said campaign.
Nothing contained in this section shall prevent the publication of names of contributors without their written consents, in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors.
(d) No person shall denominate any membership fee or purchase price of goods or services
sold, as a contribution or as a donation or in any other manner represent or imply that the member or the purchaser of such goods or services will be entitled to an income tax deduction for his cost or any portion thereof unless:
(1) There shall have been first obtained a signed opinion of counsel or an Internal Revenue Service ruling or determination letter holding such cost to be deductible or
(2) The member or purchaser is informed in writing that such cost may not be deductible.
No person shall represent or imply that a contributor will be entitled to an income tax deduction for his contribution unless a signed opinion of counsel or an Internal Revenue Service ruling or determination letter holding gifts to such organization to be so deductible has been obtained.
(e) No person shall make any representation that he is soliciting contributions for or on behalf of a charitable or civic organization or shall use or display any emblem, device or printed matter
belonging to or associated with a charitable or civic organization for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the charitable or civic organization.
(f) No professional solicitor shall solicit in the name of or on behalf of any charitable or civic organization unless such solicitor has:
(1) Written authorization of two officers of such organization, a copy of which shall be filed with the Director. Such written authorization shall bear the signature of the solicitor and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date issued.
(2) Such authorization with him when making solicitations and exhibits the same on request to persons solicited, or police officers, or agents of the Director.
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(g) No charitable or civic organization shall accept any contribution exceeding five dollars ($5) in cash or tangible property without providing, on request of the donor, a written receipt acknowledging such contribution on behalf of the organization.
(h) No person, and no organization of which such person is an officer, professional fund-raising counsel or professional solicitor, shall solicit within this locality if:
(1) Such person has been convicted in any jurisdiction of embezzlement, larceny or other crime involving the obtaining of money or property by false pretenses or the misapplication of funds impressed with a trust, unless such person has received a pardon for such offense or the public is informed of such conviction in a manner approved in writing by the Director before any solicitation occurs; or
(2) Such person has ever been enjoined by any court or otherwise prohibited from
soliciting in any jurisdiction, unless the Director first determines in writing that such person is entitled to solicit in such jurisdiction at the time of soliciting within this locality or that the reason for such injunction or prohibition does not involve moral turpitude.
(i) No person shall solicit within this locality for the benefit of any other person located without the locality, if such other person refuses to supply any information which the Director deems necessary to assure himself that the provisions of this Chapter are complied with. A solicitation shall be deemed to be on behalf of every person who or which receives, directly or indirectly, more than ten percent of the gross amount collected.
(j) No charitable or civic organization shall allow a professional solicitor to solicit on its behalf if the professional solicitor has not registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services pursuant to § 57-61, Code of Virginia (1950), as amended.
(k) No professional solicitor shall solicit in this locality on behalf of a charitable or civic
organization if the professional solicitor has not registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services pursuant to § 57-61, Code of Virginia (1950), as amended.
(l) No charitable or civic organization shall solicit in this locality without being duly licensed or exempt under this Chapter.
(m) No person shall employ in any solicitation or collection of contributions for a charitable purpose any device, scheme or artifice to defraud or obtain money or property by any misrepresentation or misleading statement.
(n) No officer, agent, director or trustee of any charitable or civic organization, professional fund-raising counsel or professional solicitor shall refuse or fail, after notice, to produce to the Director any books and records of such organization.
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(o) No person shall use or permit the use of the funds raised by a charitable solicitation for any purpose other than the solicited purpose or, with respect to funds raised by general appeals, the general purposes of the charitable or civic organization on whose behalf the solicitation was made.
(p) No person shall knowingly and willfully make any false statements in any license application or statement, report or other disclosure required by this Chapter.
(q) No professional solicitor shall solicit in this locality on behalf of a charitable or civic organization unless the charitable or civic organization has submitted the appropriate license application as required by § 1-2 of this Chapter or is qualified for an exemption under § 1-12 of this Chapter, and the organization has registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services pursuant to § 57-49, Code of Virginia (1950), as amended, or the charitable or civic organization has been granted the appropriate exemption
by the Commissioner of the Virginia Department of Agriculture and Consumer Services pursuant to § 57-60, Code of Virginia (1950), as amended
(r) No person shall represent, in any solicitation, that tickets to events will be donated for use by another unless he complies with the following requirements:
(1) He shall have obtained commitments, in writing, from persons or charitable or civic organizations stating that they will accept donated tickets and specifying the number of persons for whom they are willing to accept tickets;
(2) He shall not collect or accept more contributions for donated tickets than the number of ticket commitments he has received from persons or charitable or civic organizations;
(3) He shall have printed in advance on each ticket the exact number of persons to be admitted by the ticket and the dollar price or value of each ticket;
(4) He shall distribute the tickets in a timely fashion to those having given commitments; and
(5) He shall maintain during the solicitation and for a period of three years thereafter: (i) records reflecting the name and address of each contributor and the amount of money and number of tickets donated by each such contributor; and (ii) the written commitments of each person or charitable or civic organization to accept tickets and specifying the number of persons on whose behalf tickets were to be accepted, as required in paragraph 1 of this subsection.
(s) No person shall knowingly use or permit the use of funds raised by a solicitation or by contribution to benefit or provide support, directly or indirectly, in cash or in kind, to terrorists, terrorist organizations, terrorist activities or to family members of any terrorist.
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§ 1-10. Fund-raising expenses.
Each charitable or civic organization shall, as a part of its license application, compute the percentage which its fund-raising expenses for its preceding fiscal year bore to its support received directly from the public during such year.
Each federated fund-raising organization shall clearly disclose on any license application the percentage that is withheld from a donation designated for a member agency.
§ 1-11. Enforcement and penalties.
(a) Any person who willfully and knowingly violates or causes to be violated any provision of this Chapter, or who willfully and knowingly gives false or incorrect information to the Director in filing license applications or reports required by this Chapter, whether such report or license
application is verified or not, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than $1,000 or by confinement in jail for not more than six months, or both, and for the second and any subsequent offense by a fine of not less than five hundred dollars ($500) and not more than $2,500 or by confinement in jail for not more than one year, or both.
The following property shall be subject to lawful seizure by any law-enforcement officer charged with enforcing the provisions of this Chapter: all moneys or other property, real or personal, together with any interest or profits derived from the investment of such money and used in substantial connection with an act of terrorism as defined in § 18.2-46.4 Code of Virginia (1950), as amended. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, Code of Virginia (1950), as amended.
(b) Whenever the Director has reasonable cause to believe that a violation of this Chapter may have occurred, the Director, upon his own motion or upon complaint of any person, may investigate any charitable or civic organization, professional fund-raising counsel or professional
solicitor to determine whether such charitable or civic organization, professional fund-raising counsel or professional solicitor has violated the provisions of this Chapter or has filed any application or other information required under this Chapter which contains false or misleading statements. In the conduct of such investigation, the Director may:
(1) Require or permit any person to file a statement in writing, under oath or otherwise as the Director determines, as to all facts and circumstances concerning the matter to be investigated.
(2) Administer oaths or affirmations and, upon his motion or upon request of any party, subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangibles and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the
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discovery of material evidence.
Any proceedings or hearings by the Director under this chapter, where witnesses are subpoenaed and their attendance is required for evidence to be taken or any matter is to be produced to ascertain material evidence, shall take place within [name of locality].
Upon failure to obey a subpoena and upon reasonable notice to all persons affected thereby, the Director may apply to the Circuit Court of [name of locality] for an order imposing punishment for contempt of the subpoena or compelling compliance.
(c) Whenever the [name of locality] Attorney or the attorney for the Commonwealth has reason to believe that any charitable or civic organization, commercial co-venturer, professional fund-
raising counsel or professional solicitor is operating in violation of the provisions of this Chapter or is about to operate in violation of the provisions of this Chapter, in addition to all other actions authorized by law, the [name of locality] Attorney, or the attorney for the Commonwealth may bring an action in the name of this locality or the Commonwealth against such charitable or civic organization and its officers, commercial co-venturer, professional fund-raising counsel or professional solicitor or their officers, directors or other agents to enjoin the continuation of such violation, solicitation or collection, or engaging therein, or the conducting of any acts in furtherance thereof and for such other relief as the court deems appropriate.
(d) In any action brought under subsection c, the court may also award to the Commonwealth a civil penalty of not more than $5,000 per violation, to be paid to the Literary Fund, reasonable expenses incurred by the state or local agency in investigating and preparing the case, not to exceed $250 per violation, and attorney's fees. Such expenses and attorney's fees shall be paid into the general fund of the [name of locality] which such attorney represented.
§ 1-12. Exemption.
(a) The following persons shall be exempt from the application requirements of § 1-2 of this Chapter and the requirements of § 1-6 of this Chapter, but shall otherwise be subject to the provisions of this Chapter:
(1) Educational institutions that are accredited by the Board of Education , by a regional accrediting association or by an organization affiliated with the National Commission on Accrediting, the Association Montessori Internationale, the American Montessori Society, the Virginia Independent Schools Association or the Virginia Association of Independent Schools, any foundation having an established identity with any of the aforementioned educational institutions, and any other educational institution confining its solicitation of contributions to its student body, alumni, faculty and trustees, and their families.
(2) Organizations that solicit only within the membership of the organization by the members thereof.
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(3) Charitable or civic organizations that solicit within the Commonwealth from a place outside the Commonwealth solely by telephone, telegraph, direct mail or advertising in national media, and having no chapter, branch, area or office within the Commonwealth.
(4) Organizations that have been granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and that are organized wholly as Area Health Education Centers in accordance with § 32.1-122.7, Code of Virginia (1950), as amended.
(5) Organizations which have registered with the Commissioner of the Virginia Department of Agriculture and Consumer Services under § 57-49, Code of Virginia (1950), as amended, or organizations which are a chapter, branch or affiliate included in the consolidated report of an organization or federated organization
which is so registered with said Commissioner, except that such charitable or civic organization shall not be exempted from that portion of any local ordinance that requires such organization to register its name, the names of its solicitors and the dates and times that they will be soliciting in the locality.
(6) Health care institutions defined herein as any facilities that have been granted tax-exempt status under § 501 (c)(3) of the Internal Revenue Code, and that are (i) licensed by the Department of Health or Department of Behavioral Health and Developmental Services; (ii) designated by the Health Care Financing Administration (HCFA) as federally qualified health centers, (iii) certified by the HCFA as rural health clinics; or (iv) wholly organized for the delivery of health care services without charge; and any supporting organization that exists solely to support any such health care institutions. For the purposes of clause (iv), “delivery of health care services without charge” includes the delivery of dental, medical or other health services where a reasonable minimum fee is charged to cover administrative costs.
(7) No museum that has registered with the Commissioner as required by § 57-49, Code of Virginia (1950), as amended and that has been granted tax-exempt status under § 501 (c)(3) of the Internal Revenue Code shall be required to comply with the regulation or licensing provisions of any local charitable solicitations ordinance.
§ 1-13. Liability imposed by other laws not decreased.
Nothing contained in this Chapter shall be construed as making lawful any act or omission which is now unlawful, or as decreasing the liability, civil or criminal, of any person, imposed by existing laws.
§ 1-13.1. Time and effect of licensure.
(a) Licenses by charitable or civic organizations are effective, if complete, upon receipt by the Director. Incomplete license application forms and license application forms lacking required
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accompanying documents are not effective until completed or until the required accompanying documents are received by the Director. No person shall be considered licensed under this Chapter for any purpose until his license application is complete.
(b) If the Director at any time determines that (i) the requirements of § 1-2 of this Chapter have not been met or (ii) the licensee is violating any requirement of § 1-9 of this Chapter, then the Director may suspend the license until the licensee meets the requirements or complies and provides evidence thereof satisfactory to the Director. The suspension may be based upon an informal conference pursuant to § 2.2-4019, Code of Virginia (1950), as amended.
(c) If the Director finds that the public health, safety or welfare requires urgent action, and if he also finds reasonable cause to believe that the licensee has failed to comply with § 1-2 of this Chapter or is violating § 1-9 of this Chapter, then the Director may provide advance notice of as little as twenty-four hours for the conduct of the informal conference under § 2.2-4019, Code of
Virginia (1950), as amended.
§ 1-14. Application to court for relief.
Any person aggrieved by any final order of the Director, denying such person any right to which he is entitled under law, may within fifteen days from the date of such order, apply for relief to the Circuit Court for this locality. Either party may appeal any final order of such court in the same manner as provided by law in cases other than cases of appeals of right.
§ 1-15. Severability.
If any provision of this Chapter or the application of such provision to any person or under any circumstances shall be held invalid, the remainder of this Chapter, or the application of such provisions to persons or under circumstances, other than those to which it shall have been held invalid, shall not be affected thereby.
§ 1-16. Effective Date.
This ordinance, if not inconsistent with the requirements of § 57-63, Code of Virginia (1950), as amended, shall be effective upon its adoption, which date shall not be later than [date].
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Animal Care Law Enforcement GuidelinesDoc ID: CACL
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BOARD OF AGRICULTURE AND CONSUMER SERVICES
Comprehensive Animal Care Law and Related Regulations Civil Penalty Matrix Guidelines for Enforcement
These guidelines provide direction to the State Veterinarian and Division of Animal and Food Industry Services (AFIS) staff in determining the civil penalty that may be considered appropriate for violations of certain requirements of the Virginia Comprehensive Animal Care Law, as authorized by the Board of Agriculture and Consumer Services.
SECTION 1: AUTHORITY The Board of Agriculture and Consumer Services shall implement a civil penalties program for Virginia's localities and animal shelters through the Virginia Department of Agriculture and Consumer Services staff, to include the Director of the Division of Animal and Food Industry Services (State Veterinarian) and Division of Animal and Food Industry Services staff, pursuant to Va. Code §§ 3.2-6546 and 3.2-6548.
SECTION 2: DEFINITIONS Definitions listed below are in supplement to Va. Code §§ 3.2-5900 and 3.2-6500. “Animal Care Veterinary Supervisor” means (i) the supervisor of the animal care unit of the Office of Veterinary Services within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services or (ii) a person designated as the Animal Care Veterinary Supervisor by the State Veterinarian who works under the direction of the State Veterinarian.
“Animal shelter” means a public animal shelter as defined in Va. Code § 3.2-6500 or a private animal shelter as defined in Va. Code § 3.2-6500.
“Board” means the Board of Agriculture and Consumer Services. “Critical violation” means (i) a noncompliance, found upon inspection by an inspector, with the Code of Virginia or Virginia Administrative Code that causes animal death, serious injury, or suffering; or (ii) the denial of access of an inspector when such access is for the purpose of inspection.
“First non-critical violation” means the first cited non-critical noncompliance with the Code of Virginia or Virginia Administrative Code found upon an animal shelter inspection by an inspector within the preceding five calendar years. “Hearing officer” means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with Va. Code § 2.2-4024.
“Inspector” means (i) an inspector from the animal care unit of the Office of Veterinary Services within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services or (ii) a person designated as an inspector by the State Veterinarian who works under the direction of the State Veterinarian. “Letter of Notification” means a written notification to a responsible authority that an inspector cited either a first non-critical violation or no violations during the shelter inspection process.
“Non-critical violation” means a noncompliance with the Code of Virginia or Virginia Administrative Code cited by an inspector that is not a critical violation. A non-critical violation does not include any violation of Va. Code § 3.2-6555 or § 3.2-6556, pertaining to animal control officer training.
“Notice of Violation and Opportunity for Good Faith Consideration” means a written notification 1
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from the Animal Care Veterinary Supervisor to a responsible authority that (i) identifies a (a) critical violation, (b) repeat non-critical violation, or (c) violation of Va. Code § 3.2-6555 or § 3.2-6556; (ii) indicates the dollar amount of the potential civil penalty based on Section 6 of this document; and (iii) offers the opportunity to submit additional facts or documentation to the Animal Care Veterinary Supervisor for consideration. “Notice of Penalty Dismissal” means a written notification from the Animal Care Veterinary Supervisor to a responsible authority that the civil penalty associated with a violation is rescinded based on the additional facts or documentation submitted by the responsible authority after the issuance of the Notice of Violation and Opportunity for Good Faith Consideration.
“Notice of Violation and Penalty Assessment” means a written notification from the Animal Care Veterinary Supervisor to a responsible authority that (i) documents a (a) critical violation, (b) repeat non-critical violation, or (c) violation of Va. Code § 3.2-6555 or § 3.2-6556; and (ii) states the civil penalty assessment based on Section 6 of this document. “Program Manager” means (i) the manager of the Office of Veterinary Services within the Virginia Department of Agriculture and Consumer Services, Division of Animal and Food Industry Services or (ii) a person designated as the Program Manager by the State Veterinarian who works under the direction of the State Veterinarian.
“Responsible Authority” means the (i) governing body of a locality or (ii) owner or operating entity of a private animal shelter.
SECTION 3: ANIMAL SHELTER INSPECTION PROCESS All animal shelters, including vehicles used by such to transport companion animals, are subject to inspection by the State Veterinarian or his representative. An inspector will identify critical or non-critical violations and cite such violations.
A. Critical Violation upon Inspection If an inspector cites a critical violation, he will (i) ensure that corrective actions are immediately undertaken to prevent further death, serious injury, or suffering; and (ii) submit documentation concerning the violation to the Animal Care Veterinary Supervisor within five business days of the inspection for assessment of civil penalties. B. First Non-Critical Violation upon Inspection If an inspector cites a first non-critical violation, he will provide the responsible authority a Letter of Notification within a reasonable time after the inspection. The Letter of Notification will include (i) a copy of the inspection report, (ii) an explanation of the cited violation, including relevant section(s) of the Code of Virginia or Virginia Administrative Code, and (iii) a statement of first non-critical violation. C. Repeat Non-Critical Violation upon Inspection If the cited violation is a repeat of a previously cited non-critical violation, an inspector will provide the Animal Care Veterinary Supervisor (i) a copy of the inspection report, (ii) an explanation of the violation, including relevant section(s) of the Code of Virginia or Virginia Administrative Code, and (iii) a statement of repeat non-critical violation within 15 business days of the inspection.
D. No Violation upon Inspection If an inspector does not find evidence of noncompliance, he will provide the responsible authority a copy of the inspection findings and a Letter of Notification indicating no violations were cited. These documents will be sent to the responsible authority within a reasonable time after the inspection. E. Determination of Repeat Violation An inspector will determine that a repeat violation has occurred upon review of inspection findings if a similar violation based on the same factual basis was cited within the preceding five calendar years.
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SECTION 4: ANIMAL CONTROL OFFICER TRAINING An inspector will annually collect and review animal control officer (ACO) training information from every locality employing an animal control officer. Upon review of the training information, an inspector will determine if a violation of Va. Code § 3.2-6555 or § 3.2-6556 has occurred and then submit documentation concerning the violation to the Animal Care Veterinary Supervisor for assessment of civil penalties.
An inspector will determine that a repeat violation has occurred upon review of training information if a similar violation based on the same factual basis was cited within the preceding five calendar years.
SECTION 5: CIVIL PENALTY ASSESSMENT Upon receipt of documentation from an inspector concerning a (i) critical violation, (ii) repeat non-critical violation, or (iii) violation of Va. Code § 3.2-6555 or § 3.2-6556, the Animal Care Veterinary Supervisor will review said documentation and determine if a civil penalty will be assessed as follows: A. Critical Violations If the Animal Care Veterinary Supervisor concurs that a critical violation has occurred, the Animal Care Veterinary Supervisor will determine the appropriate civil penalty in accordance with Section 6 of this document and prepare a Notice of Violation and Opportunity for Good Faith Consideration. The Notice of Violation and Opportunity for Good Faith Consideration will be sent to the responsible authority and include a (i) summary of the violation(s), supporting documentation, and previous violation history, if applicable; (ii) notification of the maximum potential civil penalty assessment; and (iii) statement advising that the responsible authority may provide any additional, relevant facts to the Animal Care Veterinary Supervisor, including facts that demonstrate a good-faith attempt to achieve compliance, which shall be due within 30 days after the date of receipt by the responsible authority. If the responsible authority submits no additional facts or supplemental documentation, the Animal Care Veterinary Supervisor will evaluate the violation using current and historical records and information.
Upon receiving any additional facts or supplemental documentation or after the date on which the responsible authority was required to submit additional facts or supplemental documentation, the Animal Care Veterinary Supervisor will review all relevant history and facts and provide a written response as to whether the penalty assessment is upheld, revised, or rescinded by issuing either (i) a Notice of Violation and Penalty Assessment or (ii) a Notice of Penalty Dismissal.
A Notice of Violation and Penalty Assessment shall include a (i) summary of the inspection or review findings, supporting documentation, and previous violation history, if applicable, including relevant section(s) of the Code of Virginia or Virginia Administrative Code; (ii) notification of the civil penalty assessed; and (iii) statement advising that the responsible authority may (a) agree to the assessment, sign a consent resolution, waive his rights to an informal fact finding conference pursuant to Va. Code § 2.2-4019, and pay the civil penalty, which shall be due within 30 days after the date of receipt by the responsible authority, or (b) request an informal fact finding conference pursuant to Va. Code § 2.2-4019.
If the Animal Care Veterinary Supervisor determines that the cited violation occurred but was non-critical in nature, penalties will be assessed as appropriate for non-critical violations.
If the Animal Care Veterinary Supervisor determines that no violation occurred, a written notice will be sent to the responsible authority documenting this determination.
B. Non-Critical Violations If the Animal Care Veterinary Supervisor concurs that a repeat non-critical violation or a violation of Va. Code § 3.2-6555 or § 3.2-6556 has occurred, the Animal Care Veterinary Supervisor will determine the appropriate civil penalty in accordance with Section 6 of this document and prepare a Notice of Violation and Opportunity for Good Faith Consideration. The Notice of Violation and Opportunity for Good Faith Consideration will be sent to the responsible authority and include a (i) summary of the violation(s), supporting documentation, and previous violation history, if applicable, 3
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including relevant section(s) of the Code of Virginia or Virginia Administrative Code; (ii) notification of the maximum potential civil penalty assessment; and (iii) statement advising that the responsible authority may provide any additional, relevant facts to the Animal Care Veterinary Supervisor, including facts that demonstrate a good-faith attempt to achieve compliance, which shall be due within 30 days after the date of receipt by the responsible authority. If no additional facts or supplemental documentation is submitted by the responsible authority, the Animal Care Veterinary Supervisor will evaluate the violation using current and historical records and information. Upon receiving any additional facts or supplemental documentation or after the date on which the responsible authority was required to submit additional facts or supplemental documentation, the Animal Care Veterinary Supervisor will review all relevant history and facts and provide a written response as to whether the Penalty Assessment is upheld, revised, or rescinded by issuing either a (i) Notice of Violation and Penalty Assessment or (ii) Notice of Penalty Dismissal.
A Notice of Violation and Penalty Assessment shall include a (i) summary of the inspection or review findings, supporting documentation, and previous violation history, if applicable, including relevant section(s) of the Code of Virginia or Virginia Administrative Code; (ii) notification of the civil penalty assessed; and (iii) statement advising that the responsible authority may (a) agree to the assessment, sign a consent resolution, waive his rights to an informal fact finding conference pursuant to Va. Code § 2.2-4019, and pay the civil penalty, which shall be due within 30 days after the date of receipt by the responsible authority, or (b) request an informal fact finding conference pursuant to Va. Code § 2.2-4019.
If the Animal Care Veterinary Supervisor determines that no violation occurred, a written notice shall be sent to the responsible authority documenting this determination.
C. Informal Fact Finding Conference Should the responsible authority dispute (i) the factual basis of a cited violation and the civil penalty assessed or (ii) the upheld or revised violation and civil penalty assessed in the case where additional, relevant facts were provided by the responsible authority to the Animal Care Veterinary Supervisor, the responsible authority shall request an informal fact finding conference within 30 days of receipt of the Notice of Violation and Penalty Assessment. The Program Manager will hold an informal fact finding conference pursuant to Va. Code § 2.2-4019 prior to making a case decision. Following the informal fact finding conference, the Program Manager will send to the responsible authority a written final notice of the findings via certified mail along with the factual basis for the findings and the civil penalty assessed. D. Formal Hearing The responsible authority may appeal a case decision by the Program Manager to the Board pursuant to Va. Code § 2.2-4020. If the responsible authority intends to appeal the final notice of the Program Manager, he shall notify the Secretary of the Board in writing within 30 days following his receipt of the Program Manager’s findings. The Secretary of the Board will arrange for a hearing officer, arrange the location of the formal hearing, and arrange for a court reporter. The hearing officer will hear the relevant information about the case, consider the facts of all violations identified in the case, and evaluate the civil penalty assessed. The hearing officer shall transmit his findings and recommendations to the Board as required in Va. Code § 2.2-4024(D) and inform the respondent of his right under § 2.2-4021(A) to address the Board. The Board shall consider the findings and recommendations of the hearing officer and render a case decision within the timeframe established in Va. Code § 2.2-4021(C). The Board may establish limits on how much time the responsible authority will be afforded to address the Board with respect to the formal hearing officer’s findings and recommendations. E. Recovery of Civil Penalties, Use of Civil Penalty Funds If the civil penalty is not paid within the allowed time period, the case will be referred to the Office of the Attorney General for further action. All civil penalties assessed and not paid within the time specified in the Notice of Violation and Penalty Assessment shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall be paid into a special fund in the state treasury to the credit of the Department to be used in carrying out the 4
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purposes of the Virginia Comprehensive Animal Care laws.
SECTION 6: DETERMINATION OF CIVIL PENALTY The following matrix will be used to determine the dollar amount of the civil penalty to be assessed for a violation. The matrix, in conjunction with the assessment procedure, considers (i) the history of previous violations by the responsible authority; (ii) whether the violation has caused injury to or death or suffering of an animal; and (iii) the demonstrated good faith of the responsible authority to achieve compliance after notification of the violation. The matrix provides for an escalating penalty assessment based on the number of repeat violations. All violations within the preceding five calendar years will be considered.
The penalty for a critical violation will be assessed for each day the violation occurs and is calculated on a case-by-case basis. The State Veterinarian or his representative will establish criteria to be used to determine the daily penalty rate, not to exceed $1,000 per day. Criteria will include factors such as public health and safety, animal health and safety, duration of the violation, number of past occurrences of the violation, and the potential impact on an animal owner’s property rights.
The penalty for a non-critical violation that is cited by an inspector four or more times within the preceding five calendar years will be assessed for each day the violation occurs and is calculated on a case-by-case basis. The State Veterinarian or his representative will establish criteria to be used to determine the daily penalty rate, not to exceed $1,000 per day. Criteria will include factors such as public health and safety, animal health and safety, duration of the violation, number of past occurrences of the violation, and the potential impact on an animal owner’s property rights.
The penalty for a violation of Va. Code § 3.2-6555 or § 3.2-6556 that is cited by an inspector four or more times within the preceding five calendar years will be assessed for each day the violation occurs and is calculated on a case-by-case basis. The State Veterinarian or his representative will establish criteria to be used to determine the daily penalty rate, not to exceed $1,000 per day. Criteria will include factors such as public health and safety, animal health and safety, duration of the violation, number of past occurrences of the violation, and the potential impact on an animal owner’s property rights.
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Total Cited Violations (Preceding 5 Calendar Years)
Revised December 12, 2019
6 Authority Category 1 2 3 ≥4 snoitaloiV lacitirC-noN § 3.2-6546 Confinement and No $500 $1,000 Assessed at a rate § 3.2-6562 Disposition, Public penalty up to $1,000 per Code of Virginia Animal Shelters day cumulative § 3.2-6548 Confinement and No $500 $1,000 Code of Virginia Disposition, Private penalty Animal Shelters § 3.2-6557 Animal Custody, No $250 $750 Code of Virginia Records, and penalty Limitations § 3.2-6574 Sterilization No $100 $600 § 3.2-6575 penalty Code of Virginia 2 VAC 5-111-10 through Shelter Regulations* No $250 $750 2 VAC 5-111-40 penalty Virginia Administrative Code 2 VAC 5-150-120 through Transport No $100 $600 2 VAC 5-150-170 Regulations penalty Virginia Administrative Code Authority Category Penalty snoitaloiV lacitirC § 3.2-6502 Right to Inspect Assessed at a rate up to $1,000 per day cumulative § 3.2-6566 Code of Virginia § 3.2-6503 Animal Care Code of Virginia § 3.2-6546 Confinement and § 3.2-6562 Disposition, Public Code of Virginia Animal Shelters § 3.2-6548 Confinement and Code of Virginia Disposition, Private Animal Shelters § 3.2-6557 Recordkeeping, § 3.2-6574 Sterilization § 3.2-6575 Code of Virginia 2 VAC 5-111-10 through 2 VAC 5-111-40 Shelter Regulations Virginia Administrative Code 2 VAC 5-150-120 through Transport 2 VAC 5-150-170 Regulations Virginia Administrative Code Total Cited Violations (Preceding 5 Calendar Years Authority Category 1 2 3 ≥4 OCA gniniarT snoitaloiV § 3.2-6555 Animal Control $200 $500 $1,000 Assessed at a rate § 3.2-6556 Officer Employment up to $1,000 per Code of Virginia and Training day cumulative* * Failure to comply with state laws and regulations governing the disposal of solid waste will be reported to appropriate authorities.
Civil penalties will not be assessed in such cases. The penalty for more than three non-critical violations, more than three violations of Va. Code § 3.2-6555 or § 3.2-6556, or any critical violation is calculated at a daily rate on a case-by-case basis (Va. Code §§ 3.2-6546 and 3.2-6548). [TABLE 6-1] | | | Total Cited Violations (Preceding 5 Calendar Years) | | | | Authority | Category | 1 | 2 | 3 | ≥4 snoitaloiV lacitirC-noN | § 3.2-6546 § 3.2-6562 Code of Virginia | Confinement and Disposition, Public Animal Shelters | No penalty | $500 | $1,000 | Assessed at a rate up to $1,000 per day cumulative | § 3.2-6548 Code of Virginia | Confinement and Disposition, Private Animal Shelters | No penalty | $500 | $1,000 | | § 3.2-6557 Code of Virginia | Animal Custody, Records, and Limitations | No penalty | $250 | $750 | | § 3.2-6574 § 3.2-6575 Code of Virginia | Sterilization | No penalty | $100 | $600 | | 2 VAC 5-111-10 through 2 VAC 5-111-40 Virginia Administrative Code | Shelter Regulations* | No penalty | $250 | $750 | | 2 VAC 5-150-120 through 2 VAC 5-150-170 Virginia Administrative Code | Transport Regulations | No penalty | $100 | $600 |
[/TABLE]
[TABLE 6-2] | Authority | Category | Penalty snoitaloiV lacitirC | § 3.2-6502 § 3.2-6566 Code of Virginia | Right to Inspect | Assessed at a rate up to $1,000 per day cumulative* | § 3.2-6503 Code of Virginia | Animal Care | | § 3.2-6546 § 3.2-6562 Code of Virginia | Confinement and Disposition, Public Animal Shelters | | § 3.2-6548 Code of Virginia | Confinement and Disposition, Private Animal Shelters | | § 3.2-6557 § 3.2-6574 § 3.2-6575 Code of Virginia | Recordkeeping, Sterilization | | 2 VAC 5-111-10 through 2 VAC 5-111-40 Virginia Administrative Code | Shelter Regulations | | 2 VAC 5-150-120 through 2 VAC 5-150-170 Virginia Administrative Code | Transport Regulations |
[/TABLE]
[TABLE 6-3] | | | Total Cited Violations (Preceding 5 Calendar Years | | | | Authority | Category | 1 | 2 | 3 | ≥4 snoitaloiV gniniarT OCA | § 3.2-6555 § 3.2-6556 Code of Virginia | Animal Control Officer Employment and Training | $200 | $500 | $1,000 | Assessed at a rate up to $1,000 per day cumulative**
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Virginia Spongy Moth Suppression GuidelinesDoc ID: OPIS
Add VIRGINIA COOPERATIVE SPONGY MOTH (formerly gypsy moth) (Lymantria dispar dispar)
SUPPRESSION PROGRAM
2023 GUIDELINES FOR
PARTICIPATION
AERIAL TREATMENTS
August 2022
VDACS/Office of Plant Industry Services PO Box 1163 Richmond, VA 23218PAGE INTENTIONALLY LEFT BLANK 2023 GUIDELINES TABLE OF CONTENTS Page
INTRODUCTION................................................................................................................................. - 1 -Summary of Important Provisions ...................................................................................................... - 2 -Summary of VDACS Responsibilities................................................................................................ - 3 -Summary of Local Government Responsibilities ............................................................................... - 4 -
FUNDING .............................................................................................................................................. - 6 -Items Eligible for Cost Share Reimbursement .................................................................................... - 6 -Billing Statement ................................................................................................................................ - 6 -
ASSESSING THE NEED FOR TREATMENT ................................................................................. - 6 -Requirements for Qualifying Areas .................................................................................................... - 7 -Predicting the Problem ........................................................................................................................ - 7 -Biological Assessment ........................................................................................................................ - 8 -Classification of Treatment Areas ...................................................................................................... - 9 -Spray Blocks…. ................................................................................................................................ - 10 -
PREPARING & SUBMITTING THE PROPOSAL ....................................................................... - 11 -Cover Letter… .................................................................................................................................. - 11 -Spray Block List ............................................................................................................................... - 11 -Topographic Maps ............................................................................................................................ - 11 -Pesticide Certification ....................................................................................................................... - 14 -Congested Area Authorization Letter ............................................................................................... - 14 -
AERIAL TREATMENT PROPOSAL FORM ................................................................................ - 14 -
COOPERATIVE AGREEMENT...................................................................................................... - 17 -
PRE-TREATMENT ACTIVITIES ................................................................................................... - 19 -Property Owner Notifications ........................................................................................................... - 19 -Public Relations ................................................................................................................................ - 20 -
APPENDICES ..................................................................................................................................... - 22 -Appendix A: Egg Mass Survey Procedures ..................................................................................... - 23 -Appendix B: Program Deadlines ..................................................................................................... - 24 -Appendix D: Sample Letters ............................................................................................................ - 27 -Appendix E: FAA Flight Standards District Offices ....................................................................... - 31 -Appendix F: VDACS Regional Offices ........................................................................................... - 33 -Appendix G: Field Guide for Treatment Monitoring ...................................................................... - 35 -Appendix H: Guide to Estimating Spongy Moth Defoliation ......................................................... - 37 -Appendix I: Quad Codes ................................................................................................................ - 39 -Appendix J: Aerial Treatment Proposal Form ............................................................................... - 49 -Appendix K: On-Site Monitoring Form .......................................................................................... - 50 -Appendix L: Post-Treatment Form ................................................................................................. - 52 -Appendix M: Egg mass Survey Grid ............................................................................................... - 54 -Appendix N: Approved Treatments and Recommended Dosages and Application Rates ............... - 55 -
i INTRODUCTION INTRODUCTION The purpose of the Virginia Cooperative Spongy Moth Suppression Program (VCSMSP) is to protect contiguously forested areas from serious spongy moth damage. This damage occurs as the result of severe tree defoliation and subsequent tree mortality. These guidelines (Guidelines) are specifically designed to apply to spongy moth cooperative suppression programs. The Virginia Department of Agriculture and Consumer Services (VDACS) may cooperate, through written agreements, with any local government (Cooperator) in suppression activities on private and local government-owned lands.
Suppression agreements may also be made with other State agencies for the treatment of publicly-owned lands provided the agency funds all costs not covered by USDA Forest Service. Federal agencies may also enter into suppression agreements with VDACS for treatment of federally owned land provided the agencies pay 100% of treatment costs. Separate treatment arrangements with non-governmental bodies, private organizations, or individuals will not be considered.
NAME CHANGE On March 2, 2022, the Entomological Society of America officially changed the common name of Lymantria dispar dispar from gypsy moth to spongy moth.
- 1 -SUMMARY OF IMPORTANT PROVISIONS
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The program is for suppression of the spongy moth in contiguously forested areas.
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Action must be initiated by the Cooperator by submitting a request for assistance described herein.
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Localities will select the insecticide used for treatment from a VDACS approved list for control of spongy moth.
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Public relation activities are required, including individual notification of property owners in proposed treatment areas and buffer zones associated with aerial treatment areas (if buffers are assigned).
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The locality shall determine the size of the buffer area that surrounds the treatment block and/or non-participant.
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Cost-sharing described herein is subject to the availability of federal funding.
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Cooperative Agreements with individual localities will be executed involving funding transactions and other pertinent provisions.
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VDACS will provide technical assistance to enable the Cooperator to meet all provisions of the Guidelines.
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Aerial treatments are the only expenditures which are eligible for federal cost share.
- 2 - SUMMARY OF VDACS RESPONSIBILITIES
AND ASSISTANCE PROVIDED TO COOPERATORS
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Train Coordinators in the procedures necessary to enable the Cooperator to comply with all aspects of this program.
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Assist the Cooperator in public relations and educational efforts, including scoping session meetings, public meetings, and various handout materials.
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Examine all areas proposed for treatment to determine adherence to Guideline provisions.
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Prepare insecticide informational material and drafts of recommended notification letters for mailing by the Cooperator to property owners within spray blocks.
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Serve as lead agency for the overall suppression operation.
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VDACS will select a competent aerial application contractor. The aerial applicator will be responsible for the purchase of all insecticides and additives used in the program.
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Enter into agreement with local governments in which VDACS agrees to support the suppression program as outlined.
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Ensure that all proposed spray treatments meet federal (National Environmental Policy Act) and state environmental laws and regulations.
- 3 - SUMMARY OF LOCAL GOVERNMENT RESPONSIBILITIES
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Appoint or hire a spongy moth coordinator to handle the local workload and to coordinate activities with VDACS. The Coordinator's name, address, and telephone number should be submitted with the treatment proposal. This person should have the ability to conduct necessary field and map work of the type shown in the Guidelines. In addition, the Coordinator must obtain the appropriate Virginia Pesticide Applicator's Permit and comply fully with all applicable pesticide laws of the Commonwealth of Virginia.
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Initiate a request for assistance in spongy moth suppression by November 30 if action is desired in the upcoming year. The deadline is necessitated by time requirements for evaluations, recommendations, contracting, ordering supplies, other program work, and meeting USDA Forest Service guidelines for receiving funds.
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The request for aerial treatment must include a GIS Shapefile and be accompanied by three (3) sets of US. Geologic Survey 7.5 minute topographic maps, on which are designated the proposed boundaries of aerial treatment areas, spray block number, major bodies of water, potentially hazardous areas in spray block, and heliport or airport locations. Each proposed treatment area should only be large enough to protect the threatened resource. One set of maps must include points where egg mass surveys were conducted. Information for each proposed aerial treatment block must be entered on the Aerial Treatment Proposal Form. This information is necessary to properly evaluate the request as outlined in the program guidelines. Additional maps may be required of those localities in FAA’s restricted flight areas.
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Hold a public awareness meeting (scoping session) to acquaint public officials and the general public of the overall objectives of the suppression program and solicit public input concerning suppression treatment options. The meeting should be held in the fall, and is in addition to the local treatment area meetings, required once funding approval by VDACS is received by the locality.
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Notify VDACS by January 15 of the size of the buffer that will surround non-participant’s property and spray blocks.
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Determine and notify VDACS by January 15 of the insecticides to be used in your locality. This should be documented on a block by block basis. The insecticide choice must be included on the submitted Aerial Treatment Proposal Form, and any changes to these submitted forms in regard to the insecticide used, must be submitted to the VDACS OPIS Main Office by January 15. Changes in the insecticide choice will be accepted after this date only if there is a possible negative impact from the insecticide on threatened or endangered species or other natural resources (as identified by the Virginia Division of Natural Heritage, the Virginia Department of Game and Inland Fisheries, the U.S. Fish and Wildlife Service, and VDACS Threatened and Endangered Species Program).
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Upon notification that VDACS has accepted the treatment proposals, (late January or early February), property owners within the aerial treatment areas and buffer zones must be notified by the locality in writing of the impending project, including notice of a local public meeting that will be held to explain the program. Landowners/residents who do not wish to have suppression treatments conducted on their property must send a notification in writing to Program Manager, VDACS OPIS Main Office, in care of the local Coordinator, no later than seven (7) days after the publication of a
- 4 - legal notice of the treatment program and method of requesting exclusion. Since this is a voluntary program, property owners/tenants requesting non-participation will be suitably marked to permit their exclusion. There may be instances when numerous or strategically located exclusions may make treatment of the area impractical. An evaluation jointly between VDACS and the Coordinator may result in cancellation of treatment in particular blocks.
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Hold a public meeting to explain the program and suppression strategy selected. This meeting should be held in late winter.
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Agree to administer and coordinate the implementation of the suppression program, giving VDACS officials daily treatment progress reports. This includes securing and having on-site communications equipment and ground personnel to assist in administering the daily treatment operations. Ground personnel include one representative present at the loading zone at all times during spray operations and one or more representative(s) in the field collecting weather data.
Ground personnel at loading zone must complete an On-Site Monitoring Form. The On-Site Monitoring Form must be mailed to the VDACS office by June 1. If ground personnel are not present, spray operations will be halted.
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Execute a cooperative agreement with VDACS in which the local government agrees to support the suppression program as outlined and to pay their share of the suppression program costs.
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Pay locality's billed portion of aerial application costs within 30 days of receipt of invoice for work completed.
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Complete a Post Treatment Form for each spray block and return to VDACS OPIS Main Office by September 30, 2023.
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It is mutually understood that approval for this suppression project is contingent upon available appropriations from the government agencies (state and federal).
- 5 - FUNDING
ITEMS ELIGIBLE FOR COST SHARE REIMBURSEMENT The contractual service for a single aerial application of treatment insecticides is the only item eligible for cost share reimbursement. The cost share formula for the aerial treatments is 50% federal/50% locality and is contingent upon federal funding. If the USDA Forest Service funding will not adequately cover the federal share (50%) of the aerial treatment costs, the locality will be responsible for up to 100% of aerial treatment costs. Reimbursement to localities will be determined by total amount of USDA Forest Service funding which will be allocated equally among participating localities on a per acre basis. Total amount of funding will be divided by total number of qualifying acres to determine per acre reimbursement. Each participating locality will receive the same per acre cost share reimbursement.
BILLING STATEMENT VDACS will send a billing statement to each participating locality by June 1, 2023, or upon receipt of invoice from aerial applicator for work completed, listing the actual total cost of services or supplies and locality's portion of these costs. Payment of the locality's portion must be sent to VDACS, PO Box 526, Richmond, VA 23218 within 30 days of receipt of billing statement.
ASSESSING THE NEED FOR TREATMENT
There are several survey tools that should be used to determine which areas have a spongy moth problem that needs to be addressed. Spongy moth defoliation surveys, which are conducted from mid-June to early July, can be used to identify areas that will require subsequent egg mass surveys. After new egg masses are laid in July and August, potential problem areas for the next year can be determined by relatively simple egg mass counts. Refer to Appendix A for egg mass sampling procedures.
Tentative treatment blocks can be drawn at the same time. Landowner reports can also be used to identify potential problem areas. The Coordinator can visit the residence of the homeowners, count egg masses and if the area meets VDACS criteria, determine suitable treatment blocks. Other methods may involve gathering requests at public meetings. Public meetings are encouraged to serve as informational sessions and to obtain public input on any proposed treatment. VDACS personnel are available to assist at public meetings.
- 6 - REQUIREMENTS FOR QUALIFYING AREAS
Several factors must be taken into consideration when determining if an area qualifies for treatment under the Virginia Cooperative Suppression Program. Keep in mind that the Coordinator's evaluation is the first critical step in this determination. A conscientious effort by the Coordinator saves a lot of time and expense by eliminating areas that do not qualify.
AREAS THAT QUALIFY Proposed treatment areas must fall in one of the following three categories to be considered:
- Forested recreational - includes public parks, public picnic areas, and roadside rest stops
- Forested residential - includes communities, zones around threatened communities, and individual permanent or seasonal dwellings
- Uninhabited or sparsely inhabited areas - includes uninhabited and undeveloped forested areas that do not qualify under another category
PRIVATE LANDS EXCLUDED The following areas will not be considered for treatment:
- Areas where a biological collapse of the insect population can be expected so that serious tree defoliation and public nuisance problems will not result. Biological collapse can be expected where most of the egg masses are about the size of a dime or a thumb nail;
- The property of non-participants in the aerial treatment program;
- Area where the physical risk to conducting a safe aerial spray operation is deemed unacceptable by VDACS, the aerial contractor, or the Cooperator;
- Area where the effect of spraying non-target organisms or any ecosystem component is determined to be unacceptable or where such spraying is precluded by insecticide label restrictions or any applicable statutes;
- Yard and street trees including villages, communities or other areas where the trees are scattered.
Areas containing trees planted primarily for shade or ornamental purposes are not considered forested. See Forest Definition under Biological Assessment for more information.
PREDICTING THE PROBLEM
The spongy moth situation in any area should fall into one of three problem categories: light, moderate, or severe and are defined below. See Biological Assessment for more information.
1. Light Problem - non-qualifying area
- Unfavorable tree species composition
- Less than 250 egg masses per acre
2. Moderate Problem - qualifying area
- Mostly favored and moderately favored host trees
- 250 - 1,000 medium or large egg masses per acre
3. Severe Problem - qualifying area
- Mostly favored and moderately favored host trees
- Increasing spongy moth population
- More than 1,000 large, healthy egg masses per acre
- 7 - BIOLOGICAL ASSESSMENT
A simple count of egg masses in an area is not a reliable indicator of the potential problem. There may be insignificant defoliation with over 1,000 egg masses per acre or heavy defoliation with fewer than 500. Other important indicators include egg mass age, egg mass size, egg mass viability, forest composition, and parasite conditions.
EGG MASS AGE It is imperative that the Coordinator's estimate of egg mass numbers be based upon new, current year egg masses. Familiarity with the previous season's population density, knowledge of any over-winter mortality of last year's eggs, and touching egg masses are essential in this assessment. Touch is perhaps the most definitive technique for separating old from new egg masses. Remember, old egg masses are soft and spongy to the touch and may be discolored, while new egg masses are hard or firm when touched and normally darker in color than old egg masses.
When evaluating an area that contains a two year old or older infestation, the Coordinator must touch as many reachable egg masses as possible and determine the ratio between old and new masses. This ratio can also be applied to egg masses that are visible but out of reach, thereby providing a more accurate estimate of new egg masses for the blocks.
EGG MASS SIZE AND HEALTH U.S. currency coins are used as approximate size comparisons but since few egg masses are round, look primarily at the large end of the egg mass. Egg masses are sized in the following groups: Small -approximately the size of a dime or thumb nail; Medium - larger than a dime but smaller than a quarter;
Large - larger than a quarter. When the vast majority of new egg masses observed are smaller than dime-size, chances are the population is stressed and subject to collapse the following year from a naturally occurring virus. This should be noted on the Aerial Treatment Proposal Form. Normally, healthy building or static populations will have egg masses that range in size from a nickel to a quarter or larger. As a general rule, the larger the egg mass - the healthier the population.
FOREST DEFINITION Any spray block proposed for treatment under this program must contain an area that meets the following definition of susceptible forest. A susceptible forest is a wooded area where the trees are 25 feet or more in height and 50% or more of the surface area, when viewed from above, is covered by the tree crowns of moderately or highly susceptible hardwood tree species. Any block that does not contain a forested area as defined will not be accepted for treatment under this program. Residential or other qualified properties with only scattered ornamental trees and shrubs or only a few large shade trees are not acceptable. However, residential or other qualified properties, even if they do not contain trees directly around them, are acceptable if they are less than 200 feet from an infested, susceptible forest.
TREE SPECIES COMPOSITION A determination of the tree species composition is important for qualifying purposes. Consider the percentage of the canopy involved rather than the percentage of stems. All proposed aerial treatment areas must have at least 50% moderately or highly susceptible hardwood crown cover.
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Highly susceptible area - 33% or more of the trees are oak, the remainder consisting of trees such as apple, aspen, basswood, willow, boxelder, hawthorn, gray, white or river birch, and witch hazel.
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8 -• Moderately susceptible area - less than 33% oak, the remainder consisting of trees such as maple, hickory, yellow or black birch, walnut, sourwood, cherry, sassafras, elm, butternut, hackberry, pear, sweetgum, black gum, cottonwood, hemlock, pine and spruce.
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Non-susceptible area - oak generally absent and two-thirds or more of the trees consisting of ash, catalpa, American holly, juniper, mulberry, spicebush, tulip poplar, dogwood, eastern red cedar, locust, striped maple, and sycamore. Conifer plantations also fall into this category.
CLASSIFICATION OF TREATMENT AREAS
In areas where the aerial application of insecticide is anticipated, egg mass density is to be determined by the local Gypsy Moth Coordinator using a survey method approved by VDACS. Treatment areas must qualify based on egg mass densities in the categories listed below. Some areas may receive a "no treatment" recommendation if conditions do not warrant treatment based on the factors specified in the categories. VDACS will compile the total aerial treatment acreage and compare this figure with available funding to determine cost share reimbursement.
LOW LEVEL INFESTATIONS VDACS will not cost share on aerial treatments in areas that have light infestation.
MODERATE TO SEVERE LEVEL INFESTATIONS In areas of moderate to severe infestation, all proposed aerial treatment areas must have at least 50% moderately or highly susceptible hardwood crown cover. The Area Type for each proposed aerial treatment block must be indicated under Block Category on the Aerial Treatment Proposal Form.
Enter the appropriate letter for each Area Type in the Block Category.
TREATMENT AREA CLASSIFICATION Category A - Publicly owned forested recreational areas The proposed treatment area must have at least 250 egg masses per acre to qualify for treatment.
Category B - Forested residential communities with at least one inhabited house per five acres The proposed treatment area must have at least 250 egg masses per acre.
Category C - Forested residential community with at least one inhabited house per 15 acres The proposed treatment area must have at least 700 egg masses per acre.
Category D - Sparsely inhabited, uninhabited and undeveloped forested areas The proposed treatment area must have at least 700 egg masses per acre. VDACS recommends treatment of uninhabited areas be done after consultation with a forest management specialist.
- 9 - AERIAL TREATMENT SPRAY BLOCKS
SIZE Because of the economics and application limitations involved in aerially applying insecticide, an aerial treatment block must contain a minimum of 40 forested acres for fixed wing aircraft and 20 forested acres for a rotary wing aircraft. Exceptions may be made upon review by VDACS.
LOCATION Because of the expense and additional logistics involved in treating isolated spray blocks, a single block of 20 acres for rotary wing and 40 acres for fixed wing located more than five air miles from other spray blocks does not qualify for the program. However, the Coordinator should check with VDACS and neighboring Cooperators before dropping an isolated block. It is possible that they have proposed blocks in the vicinity.
CONTRACTS VDACS will attempt to group localities in the treatment contracts that will result in the lowest treatment cost for all localities combined. This may result in single-locality contracts in areas where a locality is not adjacent to another participating locality. Treatment costs for the single-locality contracts may be significantly higher than contracts containing multiple localities.
BUFFERS It is up to each locality to determine buffer sizes around both non-participants and the blocks themselves. These buffer zones must be determined and submitted in writing by January 15.
A buffer zone is required around all naturally occurring open bodies of water that are in or near Dimilin or Mimic treatment blocks. U.S. Fish & Wildlife Service will determine the size of this buffer zone. A Buffer zone of at least 200 feet is required around man-made ponds. No Dimilin or Mimic will be applied within this buffer area. Open bodies of water are defined as any surface water, present at the time of spraying that does not have a canopy directly over the water. This would include, but not be limited to, natural or man-made impoundments, swamps, bogs, streams, or rivers.
Dimilin or Mimic spray blocks that contain open water will have a no-spray buffer zone. The buffer areas around open water in Dimilin or Mimic spray blocks will not be considered as separate spray blocks for the purpose of treating these buffer areas with Btk. Treatment will be allowed up to the water’s edge for Btk spray blocks.
- 10 - PREPARING & SUBMITTING THE PROPOSAL
The Cooperator's spray program proposal must be submitted to the appropriate VDACS OPIS office on or before November 30, 2022. See Appendix F for regional office addresses. All items listed below must be submitted with your treatment proposal.
COVER LETTER A letter from the Spongy Moth Coordinator or his/her supervisor stating the following:
- desire to participate in the program
- total number of acres proposed for aerial treatment
- total number of spray blocks proposed
SPRAY BLOCK LIST Using the following as column headings, prepare a list of all spray blocks proposed. See Treatment Area Classification under Moderate to Severe Level Infestations for category listings.
- block number
- block category
- number of acres proposed
- egg masses/acre
- number of dwellings in block
- number of survey sites
- insecticide choice
TOPOGRAPHIC MAPS All proposals must include three (3) sets of original topographic maps. If more than one proposed aerial treatment block is on the same topographic map, these may be placed on a single map. All proposed aerial treatment blocks must be clearly defined as to its assigned block number. Clearly write the USGS quad code in the margin of the map. Quad codes can be found in Appendix I. Proposed spray blocks must be drawn on new, unused United States Geological Survey (USGS) 7.5 minute topographic quadrangle maps which have forest cover delineated in green. Photocopies and blue line copies of these maps will not be accepted. Smaller or larger scale topographic maps are also not acceptable. Previously used, photocopied, or other such maps will be returned and can be resubmitted only at the discretion of VDACS. Proposed spray blocks must be sent to VDACS as Shapefiles, however topographic maps must still accompany the proposal. For Shapefiles to be used, map datum and coordinate system information must be included.
MAP UPDATING When making your field surveys, take along a green pencil, red marker or pencil, and well sharpened black and blue pencils or fine tip pens to note any changes in the topographic map. Use the green pencil to shade in areas that are shown as white open areas on the map, but now contain trees. Likewise, if a green area is no longer forested, indicate this with a dashed boundary line using the lead pencil or fine tip pen. Identify this area with the word "clearing" on the map. VDACS will use aerial photographs and/or field surveys to determine areas with acceptable tree coverage. Open areas within the spray block will be deleted from the block.
- 11 -Mark the location of any additional dwellings with a small black dot. Long lanes to a new dwelling or new roads which do not appear on the map must be accurately plotted and added to the map using black pencil or fine tip pen and the style line consistent with those used on the map for similar class roads.
Any major streams, rivers, lakes, ponds, swamps, marshes, or other large bodies of water, which are not designated on the map, should be drawn in with blue pencil or fine tip pen.
Power lines and towers, located both within and outside of spray blocks, must be designated on the topographic maps with a red marker or pencil. Power lines and towers must be labeled.
EGG MASS COUNT LOCATIONS It is important that you mark the location where egg mass counts were made on one set of topo maps submitted. Place a small dot (do not use an “o” or “x”) where you made each of your egg mass counts.
Indicate the egg mass count (actual 1/40th acre count) at each survey location by penciling in the count next to the dot. This is most important in areas with borderline populations which were proposed because of a few known "hot spots" of higher density within the treatment areas. This high density spot could be in someone's lawn who contacted you, and you made an on-site inspection.
DRAWING THE BLOCK Spray blocks must be designed so that the spray aircraft can fly in linear line of flight in a safe and efficient manner. The blocks should be rectangular in shape. Avoid making aerial treatment blocks triangular to circular in shape. Avoid block corners with angles of less than 90 degrees. Spray blocks may be redrawn by VDACS to eliminate open areas within the block and/or to enable spray aircraft to fly in a more efficient manner.
The usefulness of the Global Positioning System (GPS) will be enhanced if the boundaries of the treatment blocks are straight. Aerial treatment blocks that follow the gradual curve of a road, stream, or property boundaries should be avoided.
Draw the aerial treatment boundary on the map in ink or colored pencil (not green). Do not use thick magic markers or highlighter pens to mark spray block boundaries. Do not hide map details such as secondary roads with boundary lines.
Possible helispot or airport location(s) should be indicated on the topographic maps. Include the name and address of the site. If the helispot is on a topographic map without any proposed aerial treatment blocks, submit a separate map with the helispot or airport location.
This may also be a good time to begin looking for emergency landing areas for aircraft, which will be needed for the Federal Aviation Administration's required Congested Area Plan. Although emergency landing areas do not have to be designated on the maps submitted to VDACS, you should make note of possible areas for use once the aerial contractor is determined. The final determination of whether an area can be used as an emergency landing site will depend on which type of single or multi-engine fixed-wing aircraft that is used.
- 12 -NUMBERING THE BLOCKS Lay out all 7.5 minute topographic maps containing proposed spray blocks according to their geographic distribution (see sample). Refer to an index map for proper position. An Index to Topographic and Other Map Coverage for Virginia is available from the U.S. Geological Survey or the Virginia Department of Mines Minerals and Energy.
Starting with the westernmost map on the bottom row, number the spray blocks on that map moving west to east and up as shown on the example on this page. When finished with the first map move right to the next map in the row. If there is no additional map in that row, move up and left to the westernmost map in the next row. Continue consecutively numbering west to east and up on the second map.
Repeat with all additional topographic maps.
For blocks located on more than one quad, assign the number from the map that contains the majority of the block. Be sure to number it on each map on which it occurs. Number the spray blocks on the map using black ink. Use a stroke that can be readily seen. Place the number where it will not hide map features or be confusing as to which block it refers. Draw a circle in black ink around this number. Also enter the number on the Aerial Treatment Proposal Form.
CALCULATING ACREAGE The more accurate and required method of calculating acreage is to use GIS (Geographic Information Systems) software to create shape files (digitized acres). The final acreage amounts for each spray block will be determined by VDACS using digitized acres.
Record the acreage calculations for a block in black pencil within the block boundaries on the topo map.
Also enter this calculation under Forested Acres on the Aerial Treatment Proposal Form.
Contact the Office of Plant Industry Services for additional help in drawing spray blocks and for examples of properly drawn spray blocks. The Office of Plant Industry Services may redraw any Cooperator proposed spray block when, in its opinion, such redrawing will facilitate aerial application or improve property protection. The Office of Plant Industry Services will return all or any portion of a proposal that is not properly prepared or is incomplete. Additional time to correct a proposal must be negotiated with VDACS and is at the discretion of the responsible regional supervisor.
Note: If any changes are made to a treatment block, a new Aerial Treatment Proposal Form should be submitted to the appropriate regional Office of Plant Industry Services documenting such a change. In addition, a copy of the block change delineation on the topo map should also be submitted. Block revision documentation should be submitted as soon as changes are made.
- 13 - PESTICIDE CERTIFICATION
A current copy of the Coordinator’s Pesticide Applicators Permit (category 2, 9 or 10) must be submitted with the Aerial Treatment Proposal.
CONGESTED AREA AUTHORIZATION LETTER
A letter from the appropriate local governing official giving approval for aerial treatments to be conducted in the locality must be submitted with the Aerial Treatment Proposal Form. This is a requirement of the Federal Aviation Administration under Federal Aviation Regulation Part 137, as part of a Congested Area Plan. Acceptable governing body representatives include: Mayor, City Manager, Sheriff, Chief of Police, City Council, County Board of Supervisors, City or County Commissioner, and City or County Administrator. An example of this letter can be found in Appendix D. The appropriate address for this letter can be found in Appendix E.
AERIAL TREATMENT PROPOSAL FORM
The Aerial Treatment Proposal Form is available online at https://www.vdacs.virginia.gov/plant-industry-services-spongy-moth.shtml and from the Office of Plant Industry Services regional offices located throughout the state. See Appendix F for addresses of regional offices.
Each spray block must be entered separately on the Aerial Treatment Proposal Form. Four spray blocks can be entered on the same form.
If spray block changes are made, a new proposal form must be completed and submitted to the VDACS regional office documenting such changes. A new topo map showing the redrawn block must be submitted with the new form. Fill in all required information on the form as explained below, ensuring that all sections for each block are completed.
Locality: Enter the name of your county or city.
Year: Enter the treatment year. Example: for proposals made in November of 2022, the year is 2023.
Block Number: Prior to submitting a proposal, number the proposed spray blocks on the maps according to the system described under the section, Numbering the Blocks. Enter the appropriate block number in this space. This number should be a unique block reference number. It will be used to track the block throughout the project. Use numbers only. Do not use letters or decimal points. If the block is located in more than one quad, assign block number from the quad that contains the majority of block.
Forested Acres: Enter the number of acres of forested area within the proposed block that is to be sprayed.
- 14 -EM/Acre: Enter the average number of egg masses based on 1/40th acre plot surveys conducted in proposed treatment area. Pre-treatment egg mass density must be collected using 1/40th acre plots distributed within the treatment block. See Appendix A for procedures determining egg mass density.
No. Survey Plots: Indicate the number of plots within the spray block. Minimum number of survey sites for various block sizes is given in Appendix A: Egg Mass Survey Procedures.
Block Category: Enter A, B, C or D for the spray block category based on egg masses per acre and number of inhabitants in the spray block. Select and enter only one category which best describes the situation for the entire proposed spray block. See Classification of Treatment Areas for description of spray block categories.
Insecticide: Insecticide proposed at time of form submission. Choose Dimilin, Foray, Mimic or Gypcheck. Per block insecticide changes will be accepted until January 15. No changes will be accepted after this date.
If Bt, BIU/Acre: enter either 25.3 or 38 BIU/acre (Note: BIU = CLU. The Foray (Btk) label will refer to application rate in CLUs). If Dimilin or Mimic is the selected insecticide, leave this blank.
Quad(s): Enter the Quad Code for the quad where the treatment block is located. Use the Quad Name found on the USGS topographic map and cross reference with the Quad Code in Appendix I. If the block is located in more than one quad, enter the quad where the majority of the block is located first, then list other quad codes. A maximum of three quads can be listed. If the spray block is in more than three quads, enter the remaining quad code in the Comments section.
Percent Cover: Enter the percentage of the crown area, when viewed from above that is covered.
Percent Preferred Host: Enter the percentage of host canopy cover. See Forest Definition under Biological Assessment for information on percent host canopy required. See Appendix C for list of major host species.
Open Water In Block (Y/N): “Y” if Yes. “N” if No. “UNK” if unknown. Areas of water are considered in the proposed treatment block if there is no canopy cover over the water during treatment time. Water is considered in the block if it is within a 500-foot buffer area around the block and should also be designated on the submitted map outlining the treatment block. If these areas are not designated on the map, mark in with blue pencil or fine tip pen.
Total No. Dwellings: Enter the total of both seasonal and permanent dwellings.
No. of Schools in Block: Self-explanatory
No. of Churches in Block: Self-explanatory
Previous Treatment: Pertains to treatments in the previous year only.
Block Treated in 2022 (Y/N): “Y” if Yes. “N” if No.
- 15 -Number of Acres: List number of acres in this block that were treated in 2022.
Comments: Use this section for information that is useful for further evaluation of the block.
- 16 - COOPERATIVE AGREEMENT
Important and binding commitments in these Guidelines will be incorporated into a Cooperative Agreement between VDACS and the locality. This Agreement will be sent out by January 1, 2023 to the localities who requested participation in the fall. It must be signed and returned to the Richmond office no later than February 1, 2023. Below is an example of how the Agreement may read. Please note that each Cooperative Agreement is designed to fit a particular locality's method of participation.
Changes may be made to the example cooperative agreement below, before the final agreement is mailed to localities.
EXAMPLE COOPERATIVE AGREEMENT This Agreement is between the Virginia Department of Agriculture and Consumer Services, hereinafter referred to as the “Department” and the county of “Metropolis” for the purpose of providing a cooperative spongy moth suppression program in said locality, hereinafter referred to as the “Locality.” In consideration of the promised and mutual covenants herein obtained, the parties do hereby agree as follows:
A. The Department agrees to procure the services listed on the proposal forms submitted by the Locality and approved by the Department.
B. The Locality shall reimburse the Department for the costs of requested services and/or supplies. Cost-share reimbursement will be based on amount of funding from USDA Forest Service and calculated on a per acre basis. (Cost share will be determined by total amount of funding from USDA-Forest Service and total acreage proposed by all participating localities).
Reimbursement by the Locality to the Department shall be as follows
- If USDA Forest Service funds are available, Locality will reimburse the Department for 50% of the costs of requested services and/or supplies.
- If USDA Forest Service funds are not available or do not adequately cover treatment costs on a 50/50 matching basis, Locality will reimburse the Department for up to 100% of the costs of requested services and/or supplies.
- Localities that use Bacillus thuringienses (Btk) at 38 CLU/acre may be responsible for reimbursing the Department for all or a portion of cost differential between Btk applied at 25.3 CLU/acre and Btk applied at 38 CLU/acre.
C. A billing statement listing actual cost of services will be sent to the Locality by June 1, 2023, or upon receipt of invoice by VDACS from aerial applicator for work completed.
Payment on the billing statement is due from the locality within 30 days upon receipt of the billing statement. Payment must be made directly to VDACS, PO Box 526, Richmond, Virginia 23218.
D. Materials supplied by the Department will be delivered in a timely manner on a date determined by both parties.
- 17 -2023 Cooperative Agreement Spongy Moth Suppression Program Page 2
E. Proposed treatment area is estimated to be xxx acres. Both parties must agree, in writing, to changes in estimated treatment acreage of more than 20%.
F. Both parties agree to VDACS and Locality responsibilities as set forth in the Virginia Cooperative Spongy Moth Suppression Program, 2023 Guidelines for Participation, Aerial Treatments published by the Virginia Department of Agriculture and Consumer Services and dated July 2022.
This Agreement shall be effective immediately after being signed by all parties.
County of “Metropolis”
__________ (Name)
__________ (Title)
__________ (Date)
Virginia Department of Agriculture and Consumer Services
This Agreement has been reviewed by staff of this Department. The substantive terms are appropriate and sufficient funds have been obligated for its performance.
Reviewed and Approved By
______ Program Manager (Date) Office of Plant Industry Services
______ Director (Date) Division of Consumer Protection
- 18 - PRE-TREATMENT ACTIVITIES
PROPERTY OWNER NOTIFICATIONS
PROPERTY OWNERS IN A TREATMENT AREA All property owners within VDACS approved treatment areas must be individually notified in writing of the proposed treatment. Notification must be done by the locality and not a third party. A reasonable attempt must be made to contact all property owners, which is defined as making at least two efforts by mail, telephone, or personal service. Failure to do so may lead to cancellation of the Cooperative Agreement.
PROPERTY OWNERS NEAR A TREATMENT AREA All property owners adjacent to an aerial treatment block must also be individually notified in writing.
It is the locality's option whether they wish to contact other nearby homeowners not immediately adjacent to the spray block. The purpose of this notification is to inform adjacent and nearby landowners of the aerial treatment project in their immediate area.
MAILING LIST The Coordinator should begin compiling a property owner mailing list in sufficient time to allow for mailings by February 15. A subsequent four-week period of time is needed to allow for non-participant response, to hold public meetings, to follow up on contacting property owners, and to finalize the program. This mailing list should be retained by the locality for at least a one year period and be available for inspection by VDACS upon request. If personal service is used to notify landowners, signatures of the contacted landowners verifying that they have been contacted, must be maintained for one year at the locality's office and be available for inspection by a VDACS representative upon request.
NOTIFICATION LETTER Sample notification letters prepared by VDACS can be found in Appendix D. All the information contained in the sample letter is required, but the Cooperator may add any additional information deemed pertinent. The letter must contain instructions for property owners to have their property deleted from spraying. If the locality allows a buffer zone, a letter must be sent to inform the owner that their property may abut the treatment area and contain instructions to request a buffer. In the case of rental property, the contact letter must also contain a request that the property owner contact the occupant of the property, to inform the tenant of the proposed treatment. All notification letters will be reviewed by the VDACS for content before final printing and distribution is made. The Cooperator must send two copies of all notification letters used to the VDACS OPIS Main Office.
SCHOOL NOTIFICATION Schools located in or adjacent to spray blocks must be notified prior to treatment. Schools requesting non-participation will be deleted from the spray block.
REQUESTING NON-PARTICIPATION The property owner or the tenant has the right to refuse treatment. Letters from property owners requesting non-participation are to be addressed to the Program Manager, VDACS OPIS Main Office, in care of the local Coordinator. In order to simplify this process and to allow sufficient time to digitize non-participant landowners into GPS flight files, VDACS has set a mandatory March 15, 2023 cut-off date for non-participant letters to be received from the localities. Each locality conducting aerial
- 19 -treatments should mail notification letters to the landowners well enough in advance to meet the March 15 deadline. Non-payment of fees by a landowner to the locality does not constitute non-participation.
Spray blocks will not normally be dropped due to non-payment of fees. Localities that allow non-participation after the March 15 deadline may be subject to 100% of application costs on the acreage of those non-participants.
LEGAL NOTICE In addition to notification letters, the Virginia Pest Law requires the printing of a legal notice indicating the nature of the pest, method of proposed treatment, type of program (voluntary), and instructions for property owners who wish to have their property deleted from treatment. Property owners have seven (7) days from the publication date of this notice to indicate, in writing, their desire not to participate in the project. This legal notice is prepared and submitted by VDACS to a local newspaper which serves the area to be treated. Designation of the newspaper will be made by the local Coordinator. It will be printed in the newspaper of choice a minimum of seven (7) days before the March 15 cut-off date for non-participants.
PERSONS IMPACTED BY NON-PARTICIPANTS Written notification must be provided by the Cooperator to all landowners who are dropped from an approved spray block because of the action taken to accommodate a non-participant. The local Coordinator must promptly notify VDACS of the locations of these non-participants. All original letters requesting non-participation, as well as a prepared list of the total number of non-participants, showing a breakdown of those objecting to treatment of Diflubenzuron, Tebufenozide and Btk, and those objecting that are outside of a spray block, should be submitted to the VDACS Main Office one week after the cutoff date for non-participation.
It is recommended that the Coordinator visit non-participants. Their non-participation may be related to a lack of knowledge of the program, its benefits, and its safety. Mailing of notification letters and publication of public notices should be coordinated to complement each other.
PUBLIC RELATIONS
SCOPING SESSIONS/OPEN HOUSES Those localities that are conducting aerial treatment programs are required by VDACS to hold a public awareness meeting to acquaint public officials and the general public with the overall objectives of suppression programs and solicit public input on suppression strategies. This meeting may have a formal format (scoping meeting) or be held in an open house format. This meeting should be held in late fall, but no later than December 14. This will allow time for input from the public before final decisions on insecticides and buffer zones are due in January. This meeting is in addition to the local treatment area meetings required once funding approval by VDACS is received by the locality.
The appropriate VDACS OPIS regional office must be notified in writing at least two weeks prior to scoping session/open house meetings. Notifications shall include date, time and location of meeting.
In addition to the public awareness meeting, each locality conducting aerial treatments must place an ad in at least one local newspaper serving the general area to be treated, requesting input into the suppression program in their locality. The advertisement should be published sometime between November 1 and November 30. The Coordinator may advertise the public awareness meeting and
- 20 -solicit any comments on the program. When soliciting scoping comments through a written advertisement, please be sure to place your telephone number and address in the advertisement so that the reader will be able to contact you should they need additional information.
The ad should state that all written comments should be addressed to the Program Manager, VDACS Office of Plant Industry Services, in care of the local Coordinator. The request for comments ad should also state that the cut-off for comments is December 14. A copy of this ad must be sent to the VDACS OPIS Main Office. An example of such an ad may be found in Appendix D.
Copies of comment letters should be made by the local Coordinator. All originals should be sent to VDACS OPIS Main Office immediately after the cut-off date. Those comment letters received before December 14 will be addressed in the Environmental Assessment.
PUBLIC MEETING In addition to the scoping session meetings held in the fall, each locality conducting aerial treatments must also hold at least one public meeting. This meeting is held after final approval of treatment blocks has been made, and final decisions on insecticide and buffer zones has been made. This meeting should be held in late winter, but no later than March 1. This meeting will be held to explain the suppression strategies to be implemented, and also to explain the procedure for requesting non-participation.
The appropriate VDACS OPIS regional office must be notified in writing at least two weeks prior to public meetings. Notifications shall include date, time and location of meeting.
This public meeting may be advertised in the notification letters distributed. The cut-off date for landowners/tenants to request non-participation must be stated in the notification letter and at the public meeting.
During March or April, in a further effort to promote good public relations, the local government should seek cooperation from the news media in releasing information on the program and areas proposed for treatment. During the actual treatment, daily news releases are necessary to advise the public of treatment schedules.
INFORMING LOCAL HEALTH CARE/EMERGENCY RESPONSE AGENCIES The locality must also contact appropriate local hospitals, emergency centers, fire stations, police departments, emergency rescue squads, and emergency services coordinator to inform them of the spray activities to be conducted, including giving them dates, areas to be treated, copies of material safety data sheets and information sheets for Diflubenzuron, Tebufenozide and Btk, etc. These agencies may be contacted by residents concerning the treatment activities. Keeping everyone involved up-to-date on the program will keep public relations open and problems down. This information should be shared at least one month before treatments are to occur. If any changes are made, these agencies should be updated.
- 21 -APPENDICES
- 22 -
APPENDIX A: EGG MASS SURVEY PROCEDURES
EGG MASS SURVEY The local Coordinator must use the 1/40th acre fixed plot as the basic sample unit for determining the number of egg masses in potential aerial treatment blocks.
Plot Size: 1/40th acre circular plot with a radius of 18.64 ft.
Number of Plots: the actual number of plots that should be sampled is dependent upon the size of the proposed spray block, species mix uniformity, topography, and insect population density and uniformity.
The following are the minimum numbers of plots necessary based on block size.
Block Size Minimum No. of (Acres) Sample Plots
25-50 3
51-100 4
101-200 6
201-300 7
301-400 8
For blocks over 400 acres, add 1 plot for each additional 50 acres.
Add a few (2-5) additional plots if
- Minimum number of plots indicates a wide, inconsistent range of egg mass levels
- Per acre counts are low, ranging from 40-280
Location of Plots: Select the plot to be representative of the species composition in the area. Avoid having the plot contain open areas, all unfavorable tree species or individual trees which have unusually high egg mass counts.
Distribution of Plots: Sample plots must be evenly distributed throughout the proposed block.
Coordinators must use the Egg Mass Survey Grid (see Appendix M) to ensure survey plots are evenly distributed. Align the borders of the Egg Mass Survey Grid along two borders of the proposed spray block. Each square that is completely within the boundaries of the proposed spray block must contain at least one survey point. Squares that are partially within the boundaries of the spray block will require a survey point if 75% or more of that square is in the proposed spray block; if less than 75% of that square is in the proposed spray block, no survey point is required. It will be at the sole discretion of VDACS in determining those grid blocks that exceed the 75% limit and therefore require the survey point.
Proposed blocks that do not contain the required survey points in every square may be deleted or redrawn to exclude those areas that contain no survey points.
- 23 - APPENDIX B: PROGRAM DEADLINES
The following deadlines must be met by VDACS and the local government. VDACS will make no treatment commitments to the locality for any late treatment proposals.
2022 July 1 to November
- Cooperator conducts fieldwork to delineate proposed treatment boundaries.
- Conduct Post Treatment evaluations of 2022 treatment blocks.
- VDACS field evaluations of proposed treatment areas in conjunction with Coordinator preparation of treatment areas.
November 1-30
- Placement of advertisement in at least one local newspaper requesting comments on the locality's suppression program.
- Copy of advertisement must be sent to VDACS Main Office.
November 30
- Treatment proposal deadline.
- Aerial Treatment Proposals Forms must be sent to the appropriate VDACS Office of Plant Industry Services Regional Office. The addresses of the Regional Offices and their assigned counties of responsibility are listed in the Appendix F.
- Proposals must include GIS Shapefile and properly completed Aerial Treatment Proposal Forms for each proposed treatment area, USGS 7.5 minute topographic maps with the proposed aerial treatment areas, cover letter, spray block list, copy of pesticide certification, and congested area authorization letter.
December 14
- Fall scoping sessions/open houses completed.
- Scoping session comment period ends.
- Originals of all comments sent to VDACS Main Office.
2023 January 1
- Cooperative Agreements sent out to localities by VDACS.
January 15
- Decision on buffer zone designation (both around the treatment area and non-participants).
- Insecticides to be used reported in writing to VDACS Main Office.
January 1 thru March 1
- Notification letters prepared by locality reviewed by VDACS Regional Office.
- Notification letters mailed to property owners within aerial treatment blocks and buffer zones.
- Two copies of notification letter sent to VDACS Main Office.
February 1
- 24 - • Deadline for signed Cooperative Agreements to be returned to VDACS Main Office.
By March 1
- Completion of all public meetings to explain the suppression strategy and the procedure for requesting non-participation.
By March 8
- Legal notices published in local newspaper by VDACS at least 7 days prior to the March 15 cut-off date for non-participation request.
March 15
- Deadline for request for non-participation.
March 22
- Deadline for non-participation letters to be received in the VDACS Main Office
May – June
- Aerial Treatment season.
June
- VDACS sends billing statement listing locality's cost of services and/or supplies.
- Amount due is to be paid within 30 days of receiving bill.
- On-Site Monitoring Forms must be completed and mailed to VDACS Main Office.
June-July
- Deadline for payments to VDACS of outstanding amount due by locality for aerial treatments.
September 30
- Post-Treatment Forms for 2023 spray blocks completed and returned to VDACS Main Office.
- 25 - APPENDIX C: FAVORED TREE SPECIES
Highly favored by all size larvae: oak (all species) gray, white & river birch aspen boxelder apple hawthorn basswood witch hazel willows
Favored by only large larvae: beech eastern hemlock chestnut all species of pine & spruce
Not favored but fed upon by large larvae when preferred foliage is not available: butternut black and yellow birch cherry cottonwood elms black gum hackberry hickories hornbeam maples pear sassafras sweetgum walnut
Not favored and rarely fed upon: ash (all species) dogwood catalpa eastern red cedar American holly locust juniper striped maple mulberry sycamore tulip poplar spicebush
- 26 - APPENDIX D: SAMPLE LETTERS
EXAMPLE: SCOPING SESSION MEETING AND COMMENT REQUEST
ADVERTISEMENT
Spongy Moth Public Comment Meeting Friday, November 3, 2022 Saturday, November 4, 2022 Scoping Meeting Spongy Moth Open House Metropolis High School Hobokin Fire Station 1613 Tree Road 222 Fire Road Metropolis, Virginia Hobokin, Virginia 8:00 p.m. - 10:00 p.m. 10:00 a.m. - 12:00 p.m.
The purpose of the meeting will be to discuss the current spongy moth situation in Metropolis County, their proposal to the Virginia Department of Agriculture & Consumer Services (VDACS) for suppression activities and to identify public concerns. The Open House to be held on Saturday, November 3, will allow interested parties to ask questions concerning the spongy moth and the Metropolis County program in an informal atmosphere.
Written comments will be received until December 14, 2022 on Metropolis County's proposal or on any aspect of the statewide spongy moth suppression program. Comments should be sent to:
Program Manager, VDACS Office of Plant Industry Services c/o Metropolis County Spongy Moth Office 114 Main Street, Room 610 Metropolis, Virginia 22801
Comments received by December 14 will be addressed in the 2023 Spongy Moth Suppression Environmental Assessment.
For further information concerning the meeting, call the Metropolis County Spongy Moth Office at (555) 555-5555.
Any person who needs any accommodation in order to participate at this meeting should contact the Metropolis County Spongy Moth Office at least seven (7) days before the meeting date, so that suitable arrangements can be made for any appropriate accommodation.
- 27 - EXAMPLE OF LETTER OF AUTHORITY
FOR AERIAL APPLICATION TO OCCUR IN LOCALITY
If locality treatment blocks are located in areas considered congested by the Federal Aviation Administration, a letter of authority for treatments to occur will be required from that locality. This letter must be from a governing representative of that locality. A list of acceptable positions of authority include: mayor, city manager, sheriff, chief of police, city council, county board of supervisors, city or county commissioner, and city or county administrator. This letter should be on locality letterhead and be the original (no reproduction). Each locality conducting aerial treatments must submit this letter to VDACS with their proposal. Do not send this letter directly to the FAA.
For those localities conducting aerial applications in Northern Virginia, the letter should be addressed to the FAA Flight Standards District Office, Washington Dulles Airport. For those localities conducting aerial applications in the Tidewater and central Virginia area, the letter should be addressed to the FAA Flight Standards District Office, Richmond Airport. Localities in southwest Virginia should send their letters to FAA Flight Standards District Office in Charleston, WV. For a complete listing of localities and their FAA Flight Standards District Office, see Appendix E, page 34. Congested area letters should be submitted to VDACS Regional Offices with the proposal (do not mail directly to the FAA). A statement similar to that below should be the major portion of the letter.
"The County (City) of _ gives authority for aerial applications to be conducted in the county (city) for suppression of the spongy moth. This authorization applies only to those applications which will occur under the Virginia Department of Agriculture and Consumer Services' Cooperative Spongy Moth Suppression Program, of which____(county or city) is a participating locality."
_______ Signature
_______ Title
- 28 - SAMPLE NOTIFICATION LETTER
FOR LANDOWNERS WITHIN PROPOSED TREATMENT BLOCK (Locality may add additional information if desired)
Dear Property Owner/Resident: Your County Board of Supervisors is cooperating with the Virginia Department of Agriculture and Consumer Services (VDACS) and the United States Department of Agriculture Forest Service in a joint effort to suppress the spongy moth this spring by (type of treatment) of certain populated and high public-use areas. Treatment areas were selected on the basis of survey information indicating that a serious spongy moth problem would occur unless treatment is accomplished. Records at the Tax Assessors Office indicate that all or part of your property is located within an area proposed for spongy moth treatment.
The control strategy in the proposed treatment area will be: ______
If your property is occupied by a tenant, please provide him/her with a copy of this letter. Open fields will not be treated, and open areas containing a few scattered trees or narrow fence rows may not be treated. A detailed map which outlines the proposed spray boundaries and buffer zones is available for examination in our office.
The treatment is scheduled to occur approximately (approximate date) . Aerial applications will be conducted using (aircraft) from daybreak until deteriorating weather conditions cause the operation to cease. On occasion, evening spraying may be done. Only one treatment is normally necessary.
A public meeting to explain the treatment program and answer questions will be held (date, time, and location) .
No reply is necessary if you want your property treated. However, if you do not want your property included in the treatment program, you must notify the Office of Plant Industry Services Program Manager, in writing, describing the exact location of your property. We will then take steps to have your property excluded from the program. Your request for non-participation should be sent to the following address:
Program Manager, Office of Plant Industry Services c/o Spongy Moth Coordinator (local Coordinator's mailing address)
To ensure that your request is honored, it must be received at the above address by (date).
Any questions regarding the spongy moth or this program can be directed to our office at:
__________ Sincerely,___
- 29 - SAMPLE NOTIFICATION LETTER
FOR LANDOWNERS ADJACENT TO PROPOSED TREATMENT BLOCK (Locality may add additional information if desired)
Dear Property Owner/Resident: Your County Board of Supervisors is cooperating with the Virginia Department of Agriculture and Consumer Services (VDACS) and the United States Department of Agriculture Forest Service in a joint effort to suppress the spongy moth by (type of treatment) of certain populated and high public-use areas.
Treatment areas were selected on the basis of survey information indicating that a serious spongy moth problem would occur unless treatment is accomplished. Your property is not scheduled for treatment, but records at the Tax Assessors Office indicate that all or part of your property is adjacent to an area proposed for spongy moth treatment and may abut a proposed spongy moth treatment area.
The control strategy in the proposed treatment area will be: ______
If your property is occupied by a tenant, please provide him/her with a copy of this letter. A detailed map which outlines the proposed spray boundaries and buffer zones is available for examination in our office.
The treatment is scheduled to occur approximately (approximate date) . Aerial applications will be conducted using (aircraft) from daybreak until deteriorating weather conditions cause the operation to cease. On occasion, evening spraying may be done. Only one treatment is normally necessary.
A public meeting to explain the treatment program and answer questions will be held (date, time, and location) .
If your property borders a proposed spongy moth treatment area and you desire a buffer area or non-treatment, you must notify the Office of Plant Industry Services Program Manager, in writing, describing the exact location of your property. We will then take steps to have your property excluded from the program. Your request for non-participation should be sent to the following address:
Program Manager, Office of Plant Industry Services c/o Spongy Moth Coordinator (local Coordinator's mailing address)
To ensure that your request be honored, it must be received at the above address by (date).
Any questions regarding the spongy moth or this program can be directed to our office at:
Sincerely,
- 30 - APPENDIX E: FAA FLIGHT STANDARDS DISTRICT OFFICES
Determine the address for the correct FAA office for the Congested Area Flight Plan letter by using the list of localities below. This letter should be sent to VDACS, do not mail directly to the FAA.
Washington Dulles Flight Standards District Office: The Congested Area Flight Plan letter for these counties and cities listed should be addressed to the district office below.
County: Arlington Clarke Culpeper Fairfax Fauquier Frederick Greene Loudoun Madison Page Prince William Rappahannock Rockingham Shenandoah Stafford Warren City: Alexandria Fairfax Falls Church Harrisonburg Manassas Park Manassas Winchester
Washington (Dulles) Flight District Standards Office 13873 Park Center Road Suite 475 Herndon, VA 20171
Richmond Flight Standards District Office: The Congested Area Flight Plan letter for these counties and cities listed should be addressed to the district office below.
County: Accomack Albemarle Alleghany Amelia Amherst Appomattox Augusta Bath Bedford Botetourt Brunswick Buckingham Campbell Caroline Charles City Charlotte Chesterfield Craig Cumberland Dinwiddie Essex Floyd Fluvanna Franklin Gloucester Goochland Greensville Halifax Hanover Henrico Henry Highland Isle of Wight James City King & Queen King George King William Lancaster Louisa Lunenburg Mathews Mecklenburg Middlesex Montgomery Nelson New Kent Northampton Northumberland Nottoway Orange Pittsylvania Powhatan Prince Edward Prince George Richmond Roanoke Rockbridge Southampton Spotsylvania Surry Sussex Westmoreland York City: Bedford Buena Vista Charlottesville Chesapeake Colonial Heights Covington Danville Emporia Franklin Fredericksburg Hampton Hopewell Lexington Lynchburg Newport News Norfolk Petersburg Poquoson Portsmouth Radford Richmond Roanoke Salem South Boston Staunton Suffolk Virginia Beach Waynesboro Williamsburg
Richmond Flight Standards District Office 5707 Huntsman Road Suite 100 Richmond International Airport Richmond, VA 23250-2415
- 31 -Charleston Flight Standards District Office: The Congested Area Flight Plan letter for these counties and cities listed should be addressed to the district office below.
Bland Giles Pulaski Tazewell Wythe
Yeager Airport 301 Eagle Mountain Road, Room 144 Charleston, WV 25311-1093
- 32 - APPENDIX F: VDACS OFFICES
VIRGINIA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES (VDACS)
OFFICE OF PLANT INDUSTRY SERVICES (OPIS)
MAIN OFFICE Tina MacIntyre, Virginia State Spongy Moth Cooperative Program Coordinator, Office of Plant Industry Services, 102 Governor Street, Richmond, VA 23219. Telephone: (804) 786-3515, Fax: (804) 371-7793 tina.macintyre@vdacs.virginia.gov
NORTHERN REGION Thomas Cary, Regional Supervisor, Office of Plant Industry Services, 261 Mount Clinton Pike Harrisonburg, VA 22802. Telephone: (804) 786-3515
Counties of Responsibility: Albemarle, Arlington, Augusta, Bath, Caroline, Clarke, Culpeper, Essex, Fairfax, Fauquier, Fluvanna, Frederick, Goochland, Greene, Highland, King and Queen, King George, King William, Lancaster, Loudoun, Louisa, Madison, Middlesex, Nelson, Northumberland, Orange, Page, Prince William, Rappahannock, Richmond, Rockbridge, Rockingham, Shenandoah, Spotsylvania, Stafford, Warren, and Westmoreland Independent Cities of Responsibility: Alexandria, Buena Vista, Charlottesville, Fairfax City, Falls Church, Fredericksburg, Harrisonburg, Lexington, Manassas, Manassas Park, Staunton, Waynesboro, and Winchester
SOUTHEAST REGION Gina Goodwyn, Regional Supervisor, Office of Plant Industry Services, 34591 General Mahone Blvd., Ivor, VA 23866 Telephone: (757) 859-6590
Counties of Responsibility: Accomack, Amelia, Brunswick, Charles City, Chesterfield, Dinwiddie, Gloucester, Greensville, Hanover, Henrico, Isle of Wight, James City, Mathews, Mecklenburg, New Kent, Northampton, Nottoway, Powhatan, Prince George, Southampton, Surry, Sussex and York Independent Cities of Responsibility: Chesapeake, Colonial Heights, Emporia, Franklin, Hampton, Hopewell, Newport News, Norfolk, Poquoson, Portsmouth, Petersburg, Richmond, Suffolk, Virginia Beach, and Williamsburg
SOUTHWEST REGION Ed Burlett, Regional Supervisor, Office of Plant Industry Services, 250 Cassell Road, Wytheville, Virginia 24382. Telephone: (276) 228-5501
Counties of Responsibility: Allegheny, Amherst, Appomattox, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Craig, Cumberland, Dickenson, Floyd, Franklin, Giles, Grayson, Halifax, Henry, Lee, Lunenburg, Montgomery, Patrick, Pittsylvania, Prince Edward, Pulaski, Roanoke, Russell, Scott, Smyth, Tazewell, Washington, Wise and Wythe.
Independent Cities of Responsibility: Bedford, Bristol, Covington, Danville, Galax, Lynchburg, Martinsville, Norton, Radford, Roanoke, Salem, and South Boston
- 33 -NOTES
- 34 -Appendix G: Field Guide for Treatment Monitoring
APPENDIX G: FIELD GUIDE FOR TREATMENT MONITORING
OAKS
RED
–
EXPANSION
FOLIAGE
Gossard, Prive Ro and Monitoring and State 1990 Treatment Twardus Service, August for D.
- 35 - by Forest NA. Guide Field produced USDA, Forestry, -36-
OAKS SIZES
WHITE
– DROPLET Micron Micron Micron Drops/CM2 Microns) SPRAY Diameters: 100 200 500 20 (200 EXPANSION
mph
18 24 ½ 3 7 12 - FOLIAGE -– - - -0 1 4 8 13 19SCALE Approximate drift; from dust face; constant on inWINDSPEED smoke leaves raises by felt small sway leaves twigs dry to move; and vertically tree shown wind move small up begin is paper blows leafBEAUFORT Sign Rises moves rustle, branches branches twigs and in loose Visible Smoke Direction barely Leaves small Leaves motion; ground Small and Large trees pots, and has with has airsSIMPLIFIED a size with 5 capsule line, and and breeze mottled red this followed has capsule capsule INSTARS breeze body body marks this this this this with - 36 - breeze Direction air breeze of head caterpillar line, caterpillar line, caterpillar line, caterpillar and a head head spots marks, marks, yellow black black capsule Wind Calm Light Light Gentle Moderate Fresh size has is black a a instar within size instar within size instar within bodya blue pairs6 this instar within black, black black LARVAL 1st fits is head 2nd fits has yellow a this 3rd fits has orange a this 4th fits has of by and that with is APPENDIX H: GUIDE TO ESTIMATING SPONGY MOTH DEFOLIATION
APPENDIX H: GUIDE TO ESTIMATING MOTH DEFOLIATION
DEFOLIATION 50% Service, Forest USDA, defoliation of gossard, R. levels and 3 Twardus and
D. 1990 by development
NA, oakLEAVES Produced December, white DEFOLIATIONOAK of 30% stages defoliation. 3WHITE moth shows spongy guide estimating This to guide
A
DEFOLIATION 10%
- 37 - -38-
DEFOLIATION 50%
LEAF
OAK
WHITE
EXPANDED DEFOLIATION
30%FULLY
- 38 - DEFOLIATION
- 41 -
10% APPENDIX I: QUAD CODES
Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Abilene Abile Bassett Basse Abingdon Abing Bastian Basti Accomac Accom Bath Alum Batha Achilles Achil Beach Beach Adams Grove Adamg Beaverdam Beave Alberene Alber Bedford Bedfo Alberta Albva Belmont Belva Alexandria Alexa Ben Hur Benhu Alleghany Alleg Benham Benha Alleghany Alleg Benns Church Benns Altavista Altav Bent Mountain Bentm Alton Altnc Bentonville Bento Alum Ridge Alumr Bergton Bergt Alvon Alvon Berryville Berry Amelia Court House Ameli Bethel Beach Bethel Amherst Amher Beulahville Beuva Amonate Amona Big A Mountain Bigam Anawalt Anawa Big Bend Bigbe Andersonville Andev Big Island Bigil Annandale Annan Big Levels Bigle Ante Ante Big Meadows Bigme Appalachia Appal Big Stone Gap Bigsg Appomattox Appom Blacksburg Blacb Arcola Arcol Blackstone East Blace Arnold Valley Arnov Blackstone West Blacw Arrington Arrin Blairs Blair Arvonia Arvon Bland Bland Ashby Gap Ashby Blountville Bloun Ashland Ashla Bloxom Bloxo Aspen Aspen Bluefield Bluef Atkins Atkin Bluemont Bluem Augusta Springs Augsp Bon Air Bonai Austinville Austi Boones Mill Boonm Axton Axton Boonsboro Boons Aylett Aylet Boswells Tavern Boswe Back Valley Backv Bowers Hill Bower Bacons Castle Bacon Bowling Green Bowli Ballsville Balls Boxiron Boxir Barboursville Barva Boyce Boyce Barley Barle Boyd Tavern Boyda Baskerville Baske Boydton Boydt
- 39 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Boykins Boyki Cartersville Carte Bracey Brace Castle Craig Castc Bradshaw Brads Castleton Castl Bramwell Bramw Catawba Catva Brandon Brand Catlett Catle Brandy Station Brans Cauthornville Cauth Brandywine Branw Cedar Springs Cedas Bridgewater Bridg Champlain Chaml Brierpatch Mountain Briem Chancellorsville Chanv Briery Branch Brier Charity Chava Brightwood Brigh Charles City Charc Bristol Brist Charles Town Chart Broadford Broad Charlotte Court House Chach Broadway Brova Charlottesville East Chave Brokenburg Broke Charlottesville West Chavw Brookneal Brook Chase City Chase Brosville Brosv Chatham Chtva Browns Cove Browc Chatham Hill Chath Brownsburg Brown Check Check Brumley Bruml Cheriton Cheri Buchanan Bucha Cherry Hill Cherh Buckeystown Bucke Chesapeake Channel Chesa Buckhorn Buckh Chesconessex Chesc Buckingham Bucki Chester Cheva Buckner Buckn Chester Gap Chesg Buena Vista Buena Chesterfield Chesf Buffalo Ridge Buffr Chilhowie Chilh Buffalo Springs Buffs Chincoteague East Chine Burgess Burge Chincoteague East OE S Chinoes Burnsville Burva Chincoteague West Chinw Caledonia Caled Chuckatuck Chuck Callaghan Callg Chula Chula Callands Calla Church Hill Churh Callaway Callw Church Road Churr Cana Cana Church View Churv Caney Ridge Caney Churchville Chuvi Cape Charles Capec City Farm Cityf Cape Henry Capen Claremont Clare Capon Bridge Capob Claresville Clarv Capon Springs Capos Clarksville North Clarn Capron Capro Clarksville South Clars Carbo Carbo Claudville Claud Carson Carso Clay Bank Clayb
- 40 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Clayville Clayv Darvills Darvi Clifton Forge Clift De Witt Dewit Clinchport Clinc Deatonville Deato Clintwood Clint Deep Creek Deepc Clover Clove Deerfield Deerf Cluster Springs Clust Deltaville Delta Cobb Island Cobbi Dendron Dendr Coeburn Coebu Diana Mills Dianm Coleman Gap Colem Dillwyn Dillw Collierstown Colli Dinwiddie Dinwi Colonial Beach North Colbn Disputanta North Dispn Colonial Beach South Colbs Disputanta South Disps Columbia Colum Doe Hill Doehi Concord Conva Drakes Branch Drakb Conicville Conic Drewrys Bluff Drewb Conner Lake Conne Drewryville Drewr Corapeake Corap Dublin Dubva Cornwall Cornw Duffield Duffi Courtland Court Dugspur Dugsp Cove Creek Covcr Dungannon Dunga Covesville Coves Dunnsville Dunns Covington Covva Dutch Gap Dutch Cow Knob Cowko Duty Duty Craig Springs Craig Eagle Rock Eagle Craigsville Crava Earlysville Early Creeds Creed East of Deltaville Edelta Crewe East Crewe East of Fleets Bay Efleet Crewe West Creww East of Hampton Ehamp Crimora Crimo East of New Point Comfort Enewp Cripple Creek Cripp East of Poquoson East Epoqe Crisfield Crisf East of Reedville Ereed Crockett Crock East Stone Gap Eston Crozet Croze Edinburg Edinb Culpeper East Culpe Eggleston Eggle Culpeper West Culpw Elk Creek Elkcr Cumberland Cumva Elk Garden Elkga Cumberland Knob Cumbe Elkhorn City Elkho Dabneys Dabne Elkton East Elkte Dahlgren Dahlg Elkton West Elktw Daleville Dalev Elliott Knob Ellik Damascus Damas Elliotts Creek Ellio Danieltown Danie Elliston Ellit Danville Danvi Emporia Empor
- 41 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Endicott Endic Gate City Gatec Esmont Esmon Gates Gates Eureka Eurek Germanna Bridge Germa Evarts Evart Girdletree Girdl Ewell Ewell Glace Glace Ewing Ewing Glade Spring Glasp Exmore Exmor Gladehill Gladh Fairfax Fairx Gladstone Glava Falling Spring Falli Gladys Glads Falls Church Falls Glasgow Glasg Fancy Gap Fancy Glen Allen Glenl Farmville Farva Glengary Gleng Fentress Fentr Glenmore Glenm Ferncliff Fernc Glenvar Glenv Ferrum Ferru Gloucester Glouc Fine Creek Mills Finec Gold Hill Golva Fishermans Island Fishe Goochland Gooch Flat Gap Flatg Goode Goode Fleets Bay Fleet Goodview Goodv Fletcher Fletc Goose Island Goois Flint Hill Flint Gordonsville Gordo Floyd Floyd Gore Gore Forest Fores Goshen Gosva Forks of Buffalo Forko Grassy Creek Grass Forksville Forks Grayson Grays Fort Belvoir Ftbel Great Fox Island Gtfox Fort Blackmore Ftbla Great Machipongo Inlet Gtmac Fort Defiance Ftdef Green Bay Greby Fort Mitchell Ftmit Green Valley Greev Fort Seybert Ftsey Greenfield Greef Fosters Falls Fostf Greenville Greva Franklin Frava Gressitt Gress Franktown Frant Gretna Gretn Fredericksburg Frede Grottoes Grott Free Union Freeu Grundy Grund Front Royal Front Guinea Guine Fulks Run Fulks Halifax Halva Gainesville Gaine Hallsboro Halls Galax Galax Hallwood Hallw Garden City Gardi Hamburg Hambu Garden Mountain Gardm Hampden Sydney Hampd Gary Gary Hampton Hampt Gasburg Gasbu Hampton Hampt
- 42 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Hanover Hanov Irving Irvin Hanover Academy Hanoa Irvington Irvit Hansonville Hanso Ivor Ivor Hardy Hardy Jamboree Jambo Harman Harva Jamesville Jamva Harpers Ferry Harpe Jarratt Jarra Harrisonburg Harri Java Java Hayfield Hayfi Jeffersonton Jefft Haynesville Hayne Jenkins East Jenke Haysi Haysi Jenkins West Jenkw Hayters Gap Hayte Jerrys Run Jerry Healing Springs Heali Jetersville Jeter Heathsville Heath Jewell Ridge Jewel Hebron Hebro John H Kerr Dam Johnh Hellier Helli Joplin Jopli Herndon Hernd Jordan Mines Jorda Hewlett Hewle Keen Mountain Keenm Hightown Hight Kelly Kelva Hillcrest Hillc Kempsville Kemps Hillsville Hillv Kenbridge East Kenbe Hilton Hilto Kenbridge West Kenbw Hiwassee Hiwas Keokee Keoke Hog Island Hogis Keswick Keswi Holiday Lake Holid Keysville Keysv Holland Holla King And Queen C.H. Kinga Holston Valley Holst King George Kingg Honaker Honak King William Kinwm Hopewell Hopew Kingsport Kings Horseshoe Mountain Horsm Kinsale Kinsa Howardsville Howar Knotts Island Knott Hubbard Springs Hubba Knotts Island OE E Knote Huddleston Huddl Konnarock Konna Hurley Hurle Kyles Ford Kyles Hutchinson Rock Hutch La Crosse Lacro Hylas Hylas Ladysmith Ladys Independent Hill Indep Lahore Lahor Indian Head India Lake Anna East Lkane Indian Springs Indis Lake Anna West Lkanw Indian Valley Indvy Lake Drummond Lkdru Ingram Ingra Lake Drummond NW Lkdnw Interior Inter Lake Drummond SE Lkdse Inwood Inwoo Lakeside Village Lakes Ironto Irono Lambsburg Lambs
- 43 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Lancaster Lanca Massies Corner Massc Laurel Bloomery Laure Massies Mill Massi Laurel Fork Laurf Mathews Mathe Lawrenceville Lawre Mathias Point Mathi Lebanon Leban Max Meadows Maxme Leesburg Leesb McDonalds Mill Mcdom Leesville Leesv McDowell Mcdow Lerona Leron McGaheysville Mcgah Lexington Lexin McKenney Mcken Lincoln Linco Meadows of Dan Meado Linden Linde Mechanicsburg Mecha Lindside Linds Meherrin Meher Little Creek Ltcre Mendota Mendo Littleton Litva Metompkin Inlet Metom Lively Livel Middle Fox Creek Middf Long Island Longi Middleburg Mibva Long Spur Lonsp Middlesboro South Midds Longdale Furnace Longd Middletown Mitva Looney Loone Midland Midva Looneys Gap Loong Midlothian Midlo Loretto Loret Mike Mike Lost City Lostc Milam Milam Lottsburg Lotts Millboro Millb Louisa Louva Millers Tavern Millt Lovingston Lovin Milton Milnc Lunenburg Lunen Mine Run Minru Luray Luray Mineral Miner Lynch Station Lyncs Minnehaha Springs Minne Lynchburg Lynch Moll Creek Mollc Machodoc Macho Moneta Monet Madison Madva Moneta SW Monsw Madison Mills Madim Montebello Montb Madisonville Madis Monterey Monte Majestic Majes Monterey SE Monse Manassas Manas Montpelier Montp Mannboro Mannb Montross Motrs Manquin Manqu Montvale Montv Manry Manry Morattico Morat Margarettsville Marga Mount Airy Mtair Marion Mario Mount Airy North Mtain Marshall Marva Mount Hermon Mther Martinsville East Marve Mount Landing Mtlan Martinsville West Marvw Mount Sidney Mtsid
- 44 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Mount Vernon Mtver Orlean Orlea Mountain Falls Mtfal Paddy Knob Paddy Mountain Grove Mtgro Paint Bank Painb Mountain Valley Mtval Palmyra Palva Mouth of Wilson Mouth Palo Alto Paloa Moyock Moyoc Pamplin Pampl Mulberry Island Mulbe Panther Panth Mustoe Musto Park Park Nandua Creek Nandu Parksley Parks Narrows Narro Parnassus Parna Nassawadox Nassa Passapatanzy Passa Nathalie Natha Patrick Springs Patri Natural Bridge Natur Patterson Patte Nebo Nebo Peaks of Otter Peaks Nelson Nelso Pearisburg Pears Nettleridge Nettl Pendleton Pendl New Castle Newca Penhook Penho New Kent Newke Pennington Gap Penni New Market Newma Penola Penol New Point Comfort Newpo Perkinsville Perkv Newport Nepva Petersburg Peter Newport News North Newpn Peterstown Petet Newport News South Newps Philpott Lake Philp Nimrod Hall Nimro Pilot Pilot Nokesville Nokes Piney Point Pinep Nora Nora Piney River Piney Norfolk North Norfn Pittsville Pittv Norfolk South Norfs Pleasant Ridge Plear Norge Norge Plum Grove Plumg North Bay Nbava Pocomoke City Pocom North View Nview Point of Rocks Ptofr North Virginia Beach Nvabe Poolesville Poole Northeast Eden Neede Poquoson East Poque Northwest Eden Nwede Poquoson West Poquw Norton Norto Port Royal Portr Oak Level Oakle Potts Creek Potts Oakvale Oakva Pound Pound Occoquan Occoq Pounding Mill Pounm Old Rag Mountain Oldra Powellton Ponva Omega Omega Powhatan Powva Orange Orang Prater Prate Oriskany Orisk Price Price Orkney Springs Orkne Prince George Pring
- 45 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Princess Anne Prina Rucker Gap Rucke Princeton Priwv Runnymede Runny Prospect Prosp Rural Retreat Rurar Providence Forge Provi Rustburg Rustb Pulaski Pulas Ruther Glen Ruthe Pungoteague Pungo Saint Clements Island Stcle Purcellville Purce Saint George Island Stgei Purdy Purdy Saint Joy Stjoy Quantico Quant Saint Paul Stpau Quinby Inlet Quinb Salem Salva Quinton Quint Salem Church Salec Radford North Radfn Salisbury Sasva Radford South Radfs Saltville Saltv Rapidan Rapid Saluda Salud Rappahannock Academy Rappa Sandy Level Sandl Rawley Springs Rawle Sanville Sanvi Raynor Rayno Savedge Saved Rectortown Recto Saxe Saxe Red House Redho Saxis Saxis Reddish Knob Reddi Schuyler Schuy Redwood Redwo Scottsburg Scott Reedville Reedv Scottsville Scotv Remington Remin Sebrell Sebre Republican Grove Repug Sedalia Sedal Rice Rice Sedley Sedle Richardsville Richa Seneca Senec Richlands Ricva Seven Pines Sevep Richmond Richm Shacklefords Shack Ridge Ridge Shady Valley Shady Rileyville Riley Sherando Shera Riner Riner Ship Shoal Inlet Ships Ringgold Ringg Shipman Shipm Riverdale River Simeon Simeo Roanoke Roava Singers Glen Singe Rochelle Roche Skippers Skipp Rockville Rockv Smith Mountain Dam Smitm Rocky Gap Rockg Smith Point Smitp Rocky Mount Rocva Smithfield Smith Rollins Fork Rolli Smoky Ordinary Smoky Rose Hill Rosva Sneedville Sneed Round Hill Round Snow Creek Snocr Roxbury Roxbu Snowden Snowd Rubermont Ruber Snowy Mountain Snowy
- 46 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Somerville Somer Sylvatus Sylva South Anna Sanna Tangier Island Tangi South Boston Sbost Tappahannock Tappa South Hill Shill Tazewell North Tazen South Hill SE Shise Tazewell South Tazes Sparta Spart Templeton Templ Sparta East Spare Tenth Legion Tenth Sparta West Sparw Thornton Gap Thorg Speedwell Speew Thornwood Thorw Spencer Spenc Thornwood Thorw Spotsylvania Spots Thoroughfare Gap Thoro Spring Garden Sprig Timberville Timbv Stafford Staff Tiptop Tipto Staffordsville Stafv Toano Toano Stanardsville Stana Tobacco Row Mountain Tobac Stanley Stanl Toms Brook Tomsb Staunton Staun Townsend Towns Stephens City Stepc Trenholm Trenh Stephenson Steva Trout Dale Troud Sterling Sterl Truhart Truha Stewartsville Stewa Tungsten Tungs Stickleyville Stick Tunstall Tunst Stokesville Stoke Unionville Union Stonewall Stone Upperville Upper Stony Creek Stonc Urbanna Urban Storck Storc Valentines Valen Straightstone Strai Vansant Vansa Strasburg Stras Varilla Varil Stratford Hall Strat Vera Vera Strom Strom Vernon Hill Verno Stuart Stuar Vesuvius Vesuv Stuart SE Stuse Vicksville Vickv Stuarts Draft Stuad Vienna Vieva Studley Studl Villamont Villa Suffolk Suffo Virgilina Virgi Sugarloaf Mountain Sugar Virginia Beach Virgb Sunbeam Sunbe Wachapreague Wacha Sunrise Sunri Wachapreague OE E Wacha Supply Supva Waiteville Waite Surry Surry Walkers Walke Sussex Susse Wallace Walva Sutherland Suthe Wallops Island Wallo Swift Run Gap Swift War War
- 47 - Quad Quad USGS Quad Name USGS Quad Name Abbreviation Abbreviation
Wardensville Warde Woodlawn Woova Ware Neck Waren Woodstock Woods Warfield Warfi Woodville Wodva Warm Springs Warms Woolwine Woolw Warrenton Warva Wylliesburg Wylli Washington Wasva Wyndale Wynda Washington West Washw Wytheville Wythe Waterford Watef Yale Yale Waverly Waver Yellow Tavern Yello Waynesboro East Waybe Yorktown Yorkt Waynesboro West Waynw Zion Crossroads Zionc Wellville Wellv Zuni Zuni West of Franktown Wfran West of Jamesville Wjame West of Nandua Creek Wnacr West Augusta Waugu West Point Wpoin Westover Wovva Whaleyville Whale Wharncliffe Wharn Wheeler Wheel White Gate Whitg White Hall Whiha White Plains Whipl White Sulphur Springs Whits Whitesburg Whitb Whitetop Mountain Whimt Whiteville Whiva Whitmell Whitm Whittington Point Whipt Widewater Widew Wightman Wight Williamsburg Wmsva Williamsville Wmsvi Willis Willi Willis Mountain Willm Wilton Wilva Winchester Winch Windsor Winsr Winterpock Winte Wise Wise Wolf Gap Wolfg Woodford Woodf
- 48 - APPENDIX J: AERIAL TREATMENT PROPOSAL FORM
Locality: Year:
No. Percent Block Forested Block Percent If Bt.
EM/Acre Survey Preferred Number Acres Category Cover Insecticide BIU/Acre Plots Host
% %
Quad(s) Open Previous Treatment Comments: No. No.
Water In Total No. Schools Churches Block Block Dwellings Number in Block in Block Treated (Y/N) of Acres Y/N
No. Percent Block Forested Block Percent If Bt.
EM/Acre Survey Preferred Number Acres Category Cover Insecticide BIU/Acre Plots Host
% %
Quad(s) Open Previous Treatment Comments: No. No. of Water In Total No. Schools Churches Block Number Block Dwellings in Block in Block Treated of Acres (Y/N) Y/N
No. Percent Block Forested Block Percent If Bt.
EM/Acre Survey Preferred Number Acres Category Cover Insecticide BIU/Acre Plots Host
% %
Quad(s) Open Previous Treatment Comments: No. No. of Water In Total No. Block Schools Churches Number Block Dwellings in Block in Block Treated (Y/N) of Acres Y/N
No. Percent Block Forested Block Percent If Bt.
EM/Acre Survey Preferred Number Acres Category Cover Insecticide BIU/Acre Plots Host
% %
Quad(s) Open Previous Treatment Comments: No. No. of Water In Total No.
Schools Churches Block Number Block Dwellings in Block in Block Treated (Y/N) Y/N of Acres
- 49 - APPENDIX K: ON-SITE MONITORING FORM
Locality: Name: Year:
Application Wind Percent Rainfall Block Load Time Temp Larval Date Aircraft Tail Number Humidity Speed & Foliage Number (24 hour) (F) Instar 4 Hrs. 8 Hrs. (m/d/yy) Direction Expansion
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
® % %
Comments
- 50 -ON-SITE MONITORING FORM INSTRUCTIONS
Locality: enter your locality
Name: enter the name of the person recording the on-site data.
Year: current year
Block Number: Enter one block per line. Block numbers can be entered in the order in which they are sprayed.
Application Date: Enter the month and day the application takes place.
Load Time: Enter the time the aircraft left airport to treat block. This time can be used to compare on-site data with flight data from aircraft.
Aircraft Tail Number: Enter the FAA tail number of aircraft conducting the application. This tail number will be cross-referenced with an aircraft calibration data form that provides specific information about the type and configuration of the aircraft. If more than one aircraft is used in block, enter other aircraft in comments section.
Temp: Enter temperature in Degrees F. Temperature readings should be taken at or near the blocks. Use the average temperature during treatment.
Relative Humidity: Relative humidity should be estimated at or near the block. Use the average relative humidity during treatment of the block. The sling psychrometer or digital weather meter (Ex. Kestrel) should be used for relative humidity estimates.
Wind Speed: Average wind speed can be estimated using the Beaufort wind scale or a digital weather meter (ex.
Kestrel). The Beaufort wind scale can be found in the Appendix G. Note: wind speed is estimated for tree tops.
Use the mid-point of the wind scale or the wind speed that represents the average wind speed during treatment.
Estimate wind speeds at or near the block.
Percent Foliage Expansion: Refers to oak (red or white) foliage expansion at the time of treatment. Use an average of leaf expansion conditions. Observe some at the top of trees as well as some at the lower crown.
Larval Instar: Visually inspect 10 larvae. Indicate the predominant larval instar. Select one! Use the guide found in Appendix G.
Rainfall: Rainfall should be monitored after treatment. If rain is in the geographic area, the block should be checked from time to time to observe if rainfall occurs.
- 4 Hrs. - Enter “yes” only if certain the block experienced rainfall of the least ½ inch.
Enter “no” if there was no rainfall in block. Enter “UNK” if unknown. If precise amount of rainfall is known, enter the amount instead of “yes.”
- 8 Hrs. - Enter “yes” only if certain the block experienced rainfall of the least ½ inch.
Enter “no” if there was no rainfall in block. Enter “UNK” if unknown. If precise amount of rainfall is known, enter the amount instead of “yes.”
- 51 - APPENDIX L: POST-TREATMENT FORM
Locality Total Number of Communities Treated Year
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2023 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
Number of Block Block Number of Acres Qualified for If Bt: EM/Acre Acres With Insecticide Number Category Treatment in 2024 BIU/Acre Defoliation
- 52 -POST-TREATMENT FORM INSTRUCTIONS Post-Treatment survey must be completed and returned to VDACS. Information from this survey is used by USDA-FS to determine efficacy of treatments in each spray block. Return surveys to the VDACS OPIS Main Office by September 30, 2023.
Block Number: Enter number of spray block. All spray blocks must be entered on this form. Enter one block per line, if a spray block was divided to buffer water, all resulting spray blocks can be entered on one line.
EM/Acre: Conduct a 1/40th acre egg mass survey (see instructions on page 24) to determine the average number of egg masses per acre within the treated area. This number will be compared to the egg masses per acre on the original proposal form. Do not include egg masses found outside of the boundaries of the original (2023) spray block.
Block Category: Enter A, B, C, or D for area type from guidelines. The block category must be the same as on the Aerial Treatment Proposal Form.
No. of Acres That Will Qualify for Treatment in 2024: Estimate the number of acres (within the original 2023 spray block boundaries) that will qualify for treatment in 2024 using criteria established in VDACS 2023 Guidelines for Participation, Aerial Treatments dated July 2022.
No. of Acres with Defoliation: Estimate number of acres within the block that had 30% or greater defoliation.
Insecticide: Enter insecticide applied in block.
If Bt, BIU/Acre: enter either 25.3 or 38 BIU/acre applied. If Dimilin or Mimic is the selected insecticide, leave this blank.
- 53 -APPENDIX M: EGG MASS SURVEY GRID
1:24000 Topographic Map
1 Square = 50 Acres
- 54 - APPENDIX N: APPROVED TREATMENTS
AND RECOMMENDED DOSAGES AND APPLICATION RATES
Active Ingredient Trade Name Recommended Dosage Recommended Application rate
1-2 oz/ac (0.5-1.0 oz 0.5 – 1.0 gal/ac (Use anti-Diflubenzuron Dimilin 4L ai/ac) evaporant with 0.5 gpa rate)
Foray 48B 24-36 CLU/ac 0.50 – 0.75 gal/ac (undiluted)
Bacillus thuringiensis var. kurstaki Foray 76B 25.3-38* CLU/ac 0.33 – 0.75 gal/ac (undiluted)
- 5 – 1.0 gal/ac Spongy Moth Gypchek 2 x 1011 OB/ac/appl. (2 appl. 3-5 days apart) Nucleopolhedrosis Virus Gypchek 4 x 1011 OB/ac 0.5 - 1.0 gal/ac (1 appl.)
Tebufenozide Mimic 2LV 5 oz/ac (1.2 oz ai) 0.75 gal/ac
*Due to funding limitations, localities that use Bacillus thuringienses (Btk) at 38 CLU/acre may be responsible for reimbursing the Department for all or a portion of cost differential between Btk applied at 25.3 CLU/acre and Btk applied at 38 CLU/acre.
- 55 -NOTES
- 56 -
Understanding Brand Names and Registration RequirementsDoc ID: 5033
“Brand” vs. “Brand Name”
The allowance in the Act for “Products registered as single pesticide” or Alternate Brand Name does not apply to separate brands of pesticides even if the pesticides are manufactured by the same person. For the purposes of state registration, an Alternate Brand Name (ABN) is an alternately named product within the same brand line which bears identical labeling to the primary product.
For example, let’s assume that the fictional “Smith Chemical Company” has two brand lines “Acme” and “Zenith”. Smith Chemical produces a disinfectant product and sells it as “Acme Sink Sanitizer” and also as “Zenith Sink Sanitizer” The EPA registration number of both products is the same. Each product label makes the same claims and formulation. Smith Chemical is listed as the manufacturer of both products. Under the provisions of § 3.2-3919. (Each brand or grade to be registered; fees), each product must be registered separately and each requires a separate fee. We would not consider the two products to be “Alternate Brand Names”
Now let’s assume that Smith Chemical produces two products “Acme Sink Sanitizer” and “Acme Basin Sanitizer”. Both products have the same EPA#, same label claims and formulation. Smith Chemical is listed as the manufacturer of both products. Both products are “Acme” brand. In this case, the two products qualify as ‘Alternate Brand Names’ and only one fee need be paid for the two products. (Both must be registered, no fee for the second product)
Here’s how the fees would apply to the three products mentioned in the example: Product
EPA# VA Reg. Fee -----------------------------------------------------------------------------Acme Sink Sanitizer 1111-2222 $160.00 Acme Basin Sanitizer 1111-2222 No Fee (ABN) Zenith Sink Sanitizer 1111-2222 $160.00 Code Sections Listed on the Reverse. § 3.2-3914. (Effective October 1, 2008) Registration required.
Every pesticide manufactured, distributed, sold, offered for sale, used, or offered for use shall be registered in accordance with regulations adopted by the Board. Registration shall lapse unless the registrant pays an annual fee set forth in regulations adopted by the Board.
(Code 1950, § 3-208.19; 1966, c. 702, § 3.1-221; 1976, c. 627; 1981, c. 260; 1989, c. 575, § 3.1-249.35; 1993, c. 773; 2008, c. 860.)
§ 3.2-3916. (Effective October 1, 2008) Products registered as single pesticide.
Products that: (i) have the same formula; (ii) are manufactured by the same person; (iii) include labelings with the same claims; and (iv) bear designations identifying the products as the same pesticide may be registered as a single pesticide without an additional fee.
(Code 1950, § 3-208.22; 1960, c. 535; 1966, c. 702, § 3.1-224; 1981, c. 260; 1989, c. 575, § 3.1-249.37; 2008, c. 860.)
§ 3.2-3919. (Effective October 1, 2008) Each brand or grade to be registered; fees.
Before manufacturing, distributing, selling, offering for sale, or offering for use any pesticide, the registrant shall register each brand or grade of a pesticide with the Commissioner annually upon forms furnished by the Department and shall pay the Department an annual registration fee for each brand or grade offered for sale or use. The Commissioner shall issue a registration entitling the registrant to manufacture, distribute, or sell all registered brands until the expiration of the registration.
(Code 1950, § 3-208.25; 1966, c. 702, § 3.1-227; 1970, c. 376; 1976, c. 627; 1981, c. 260; 1989, c. 575; § 3.1-249.40; 2008, c. 860.)
BvBN Rev. 9/29/2010
Virginia Hemp Product Penalty GuidelinesDoc ID: HEMP
--- Page 1 ---
Virginia Department of Agriculture and Consumer Services
Virginia Hemp Product Civil Penalty Matrix Guidelines for Enforcement
Revised: November 15, 2024
SECTION 1: AUTHORITY Section 3.2-4126 of the Virginia Regulated Hemp Products Law and § 3.2-5145.2:1 of the Virginia Industrial Hemp Extract Intended for Human Consumption Law authorizes the Commissioner of Agriculture and Consumer Services to assess a civil penalty not to exceed $10,000 for each day certain violations occur.
SECTION 2: DEFINITIONS The definitions established in the Virginia Industrial Hemp Law and the Virginia Industrial Hemp Extract Intended for Human Consumption Law shall be used to interpret these guidelines unless the context clearly indicates otherwise. Additionally, the following words and terms, when used in these guidelines, shall have the following meanings, unless the context clearly indicates otherwise.
"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.
"Department" means the Virginia Department of Agriculture and Consumer Services.
"Edible hemp product" means any hemp product that is or includes an industrial hemp extract, as defined in § 3.2-5145.1, and that is intended to be consumed orally.
"Hearing officer" means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § 2.2-4024 of the Code of Virginia.
"Hemp product" means a product, including any raw materials from industrial hemp that are used for or
added to a food or beverage, that (i) contains industrial hemp and has completed all stages of processing needed for the product and (ii) when offered for retail sale (a) contains a total tetrahydrocannabinol concentration of no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package.
"Hemp product intended for smoking" means any hemp product intended to be consumed by inhalation.
"Notice of Alleged Violation and Penalty Assessment" means a written notification from the case reviewer to the responsible party alleged to have committed a violation of the Virginia Regulated Hemp Products Law or the Virginia Industrial Hemp Extract Intended for Human Consumption Law that identifies the specific
violation committed and indicates the amount of the civil penalty assessed.
"Regulated hemp product" means a hemp product intended for smoking or an edible hemp product.
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VIRGINIA HEMP PRODUCTS CIVIL PENALTY MATRIX GUIDELINES
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"Responsible party" means the person or business alleged to have violated the Virginia Regulated Hemp Products Law or the Virginia Industrial Hemp Extract Intended for Human Consumption Law.
"Virginia Food and Drink Law" means Chapter 51 of Title 3.2 of the Code of Virginia (Va. Code § 3.2-5100 et seq.)
"Virginia Industrial Hemp Extract Intended for Human Consumption Law" or "Law (§ 3.2-5145.1 et seq.)" means Article 5 (Va. Code §§ 3.2-5145.1 through 3.2-5145.5) of the Virginia Food and Drink Law.
"Virginia Industrial Hemp Law" means Chapter 41.1 of Title 3.2 of the Code of Virginia (Va. Code § 3.2-4112 et seq.)
"Virginia Regulated Hemp Products Law" or "Law (§ 3.2-4122 et seq.)" means Article 4 (Va. Code §§ 3.2-4122 through 3.2-4126) of the Virginia Industrial Hemp Law.
SECTION 3: PROVISION FOR CIVIL PENALTIES GENERALLY Any responsible party violating any section of the Law (§ 3.2-5145.1 et seq.) or the Law (§ 3.2-4122 et seq.) may be assessed a civil penalty by the Department in an amount not to exceed $10,000 for each day of a violation. In determining the amount of any civil penalty, the Department shall give due consideration to these guidelines for enforcement. Any such civil penalties shall be collected by the Commissioner, and the proceeds shall be payable to the State Treasurer.
SECTION 4: PROCEDURE FOR CIVIL PENALTY ASSESSMENT A. Witness of Alleged Violation A Department employee, upon witness of an alleged violation of the Law (§ 3.2-5145.1 et seq.) or the Law (§
- 2-4122 et seq.), shall submit documentation of proof of alleged violation, including all relevant facts, for review by a case reviewer designated by the Commissioner.
B. Notice of Alleged Violation and Penalty Assessment Upon review of all documentation of proof of the alleged violation, if the case reviewer concurs that an alleged violation has occurred, the case reviewer shall send to the responsible party a Notice of Alleged Violation and Penalty Assessment, which shall include all documentation of relevant facts, a notice of the potential civil penalty assessment, and a proposed consent resolution. The Notice of Alleged Violation and
Penalty Assessment shall advise the responsible party that he may (i) agree to the violation and civil penalty assessment; sign a consent resolution; waive his rights to an informal fact finding conference pursuant to §
- 2-4019 of the Code of Virginia (Code); and pay the civil penalty, which shall be due within 30 days, or (ii) request an informal fact finding conference pursuant to § 2.2-4019 of the Code by the date stated in the Notice of Alleged Violation and Penalty Assessment.
C. Informal Fact Finding Conference The responsible party shall have an opportunity to request an informal fact-finding conference. If the responsible party desires an informal fact-finding conference, he shall request such by the date stated in the Notice of Alleged Violation and Penalty Assessment, which shall be at least 14 days after the date of the Notice of Alleged Violation and Penalty Assessment. The Commissioner shall designate Department staff to hold an informal fact-finding conference pursuant to § 2.2-4019 of the Code, render a case decision, and assess a civil penalty after considering the demonstrated good faith of the responsible party in attempting to
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VIRGINIA HEMP PRODUCTS CIVIL PENALTY MATRIX GUIDELINES
--- Page 3 ---
achieve compliance after receipt of the Notice of Alleged Violation and Penalty Assessment. Following the informal fact-finding conference, the Department shall send to the responsible party the case decision, including the fact basis for the case decision, and the civil penalty assessed.
D. Formal Hearing The responsible party may appeal a case decision to the Commissioner pursuant to § 2.2-4020 of the Code. If the responsible party intends to appeal the case decision, he shall notify the Commissioner in writing by the date stated in the case decision, which shall be at least 14 days after the date of the case decision. The Commissioner shall arrange for a hearing officer and location of the formal hearing. The hearing officer shall hear the relevant information about the case, consider the facts of all violations identified in the case, and
evaluate the civil penalty assessed. The hearing officer shall transmit his findings and recommendations to the Commissioner as required in § 2.2-4024(D) of the Code. The Commissioner shall consider the findings and recommendations of the hearing officer and render a case decision within the timeframe established in § 2.2-4021(C) of the Code.
SECTION 5: ASSESSMENT OF SEPARATE VIOLATIONS Each violation shall be assessed separately for the purpose of determining the total civil penalty assessment.
Each product is subject to a separate violation and penalty. In cases of continued violation, a civil penalty may be assessed separately for each day the violation occurs beginning with the date of the Notice of Alleged Violation and Penalty Assessment and ending with the date of correction of the violation.
SECTION 6: DETERMINATION OF CIVIL PENALTY
The following matrix will be used to determine the dollar amount of civil penalties to be assessed per violation per product. See Section 5 for the manner in which separate violations shall be assessed.
Violation Penalty 2nd and Subsequent Authority Category of Violation 1st Violation Violations Va. Code § 3.2-4126 (B)(i) Offering for sale or selling at retail (i) a $2,000 $5,000 Va. Code § 3.2-4126 (B)(ii) regulated hemp product or (ii) a Va. Code § 3.2-4126 (B)(v) substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hemp-derived cannabinoid without a regulated hemp product retail facility registration for each location that offers for sale or sells at retail such products or substances.
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VIRGINIA HEMP PRODUCTS CIVIL PENALTY MATRIX GUIDELINES
[TABLE 3-1] Violation | | Penalty | Authority | Category of Violation | 1st Violation | 2nd and Subsequent Violations Va. Code § 3.2-4126 (B)(i) Va. Code § 3.2-4126 (B)(ii) Va. Code § 3.2-4126 (B)(v) | Offering for sale or selling at retail (i) a regulated hemp product or (ii) a substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hemp-derived cannabinoid without a regulated hemp product retail facility registration for each location that offers for sale or sells at retail such products or substances. | $2,000 | $5,000
[/TABLE]
--- Page 4 ---
Violation Penalty 2nd and Subsequent Authority Category of Violation 1st Violation Violations Va. Code § 3.2-5145.2:1(B)(vi) Refusal to permit entry to or inspection of $1,000 $5,000 Va. Code § 3.2-5126(A)(5) or to permit the taking of a sample from a place in which food, including a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid, is being offered for sale.
Va. Code § 3.2-5145.2:1(B)(i) Manufacturing, offering for sale, or selling $500 $1,000 Va. Code § 3.2-5145.2:1(B)(ii) an industrial hemp extract or food containing an industrial hemp extract without a Hemp Food Safety Permit.
Va. Code § 3.2-5145.2:1(B)(iii) Manufacturing, offering for sale, or selling $500 $1,000 an industrial hemp extract or food containing an industrial hemp extract without submitting an Edible Hemp Products Disclosure Form.
Va. Code § 3.2-4126 (B)(iii) Offering for sale or selling at retail a $1,000; $5,000;
Va. Code § 3.2-5145.2:1(B)(iv) substance intended for human potential potential referral to consumption, orally or by inhalation, that referral to law law enforcement (a) contains a total THC concentration enforcement greater than 0.3 percent or (b) contains more than two milligrams of total THC per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total THC per package.
Va. Code § 3.2-4123(B) Offering for sale or sell a regulated hemp $500 $2,000 Va. Code § 3.2-4126 (B)(iv) product that depicts or is in the shape of a human, animal, vehicle, or fruit
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VIRGINIA HEMP PRODUCTS CIVIL PENALTY MATRIX GUIDELINES
[TABLE 4-1] Violation | | Penalty | Authority | Category of Violation | 1st Violation | 2nd and Subsequent Violations Va. Code § 3.2-5145.2:1(B)(vi) Va. Code § 3.2-5126(A)(5) | Refusal to permit entry to or inspection of or to permit the taking of a sample from a place in which food, including a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid, is being offered for sale. | $1,000 | $5,000 Va. Code § 3.2-5145.2:1(B)(i) Va. Code § 3.2-5145.2:1(B)(ii) | Manufacturing, offering for sale, or selling an industrial hemp extract or food containing an industrial hemp extract without a Hemp Food Safety Permit. | $500 | $1,000 Va. Code § 3.2-5145.2:1(B)(iii) | Manufacturing, offering for sale, or selling an industrial hemp extract or food containing an industrial hemp extract without submitting an Edible Hemp Products Disclosure Form. | $500 | $1,000 Va. Code § 3.2-4126 (B)(iii) Va. Code § 3.2-5145.2:1(B)(iv) | Offering for sale or selling at retail a substance intended for human consumption, orally or by inhalation, that (a) contains a total THC concentration greater than 0.3 percent or (b) contains more than two milligrams of total THC per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total THC per package. | $1,000; potential referral to law enforcement | $5,000; potential referral to law enforcement Va. Code § 3.2-4123(B) Va. Code § 3.2-4126 (B)(iv) | Offering for sale or sell a regulated hemp product that depicts or is in the shape of a human, animal, vehicle, or fruit | $500 | $2,000
[/TABLE]
--- Page 5 ---
Violation Penalty 2nd and Subsequent Authority Category of Violation 1st Violation Violations Va. Code § 3.2-4126(B)(iv) Offering for sale or selling at retail a $500 $2,000 regulated hemp product that is not packaged or labeled in accordance with Va. Code § 3.2-4123 or offered for sale with the documentation required by Va.
Code § 3.2-4123.
Va. Code § 3.2-5145.2:1(B)(vi) Manufacturing, offering for sale, or selling $500 $2,000 an industrial hemp extract or food containing an industrial hemp extract that is not labeled or packaged in accordance with Va. Code § 3.2-5145.4:1 or offered for sale with the documentation required by Va. Code § 3.2-5145.4:1.
Va. Code § 3.2-5145.2:1(B)(v) Manufacturing, offering for sale, or selling Unless Unless otherwise in violation of the Virginia Food and Drink otherwise provided for in Law or a regulation adopted pursuant to provided for in Section 6 of this the Virginia Food and Drink Law a Section 6 of document, $2,000 substance intended to be consumed orally this document, that is advertised or labeled as containing $500 an industrial hemp derived cannabinoid.
Va. Code § 3.2-5145.2:1(B)(vi) Other violation of Va. Code §§ 3.2-5145.1 Unless Unless otherwise through 3.2-5145.5 or 2 VAC 5- otherwise provided for in 595, Regulations Governing the provided for in Section 6 of this Manufacturing and Sale of Products that Section 6 of document, $2,000 Contain Industrial Hemp Extracts Intended this for Human Consumption document, $500 Va. Code § 3.2-4124(B) Offering for sale or selling at retail a $200 $500 topical hemp product that does not bear a label stating that the product is not intended for human consumption
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VIRGINIA HEMP PRODUCTS CIVIL PENALTY MATRIX GUIDELINES
[TABLE 5-1] Violation | | Penalty | Authority | Category of Violation | 1st Violation | 2nd and Subsequent Violations Va. Code § 3.2-4126(B)(iv) | Offering for sale or selling at retail a regulated hemp product that is not packaged or labeled in accordance with Va. Code § 3.2-4123 or offered for sale with the documentation required by Va.
Code § 3.2-4123. | $500 | $2,000 Va. Code § 3.2-5145.2:1(B)(vi) | Manufacturing, offering for sale, or selling an industrial hemp extract or food containing an industrial hemp extract that is not labeled or packaged in accordance with Va. Code § 3.2-5145.4:1 or offered for sale with the documentation required by Va. Code § 3.2-5145.4:1. | $500 | $2,000 Va. Code § 3.2-5145.2:1(B)(v) | Manufacturing, offering for sale, or selling in violation of the Virginia Food and Drink Law or a regulation adopted pursuant to the Virginia Food and Drink Law a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp derived cannabinoid. | Unless otherwise provided for in Section 6 of this document, $500 | Unless otherwise provided for in Section 6 of this document, $2,000 Va. Code § 3.2-5145.2:1(B)(vi) | Other violation of Va. Code §§ 3.2-5145.1 through 3.2-5145.5 or 2 VAC 5-595, Regulations Governing the Manufacturing and Sale of Products that Contain Industrial Hemp Extracts Intended for Human Consumption | Unless otherwise provided for in Section 6 of this document, $500 | Unless otherwise provided for in Section 6 of this document, $2,000 Va. Code § 3.2-4124(B) | Offering for sale or selling at retail a topical hemp product that does not bear a label stating that the product is not intended for human consumption | $200 | $500
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SECTION 7: RECOVERY OF CIVIL PENALTIES In accordance with the Virginia Debt Collection Act (§ 2.2-4800 et seq. of the Code), the Virginia Department of Agriculture and Consumer Services will take all appropriate and cost-effective actions to collect all accounts receivable, including the non-payment of civil penalties.
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VIRGINIA HEMP PRODUCTS CIVIL PENALTY MATRIX GUIDELINES
Executive Summary
The enhanced compliance analysis of Department of Agriculture and Consumer Services guidance documents has achieved an overall reduction of 30.1% across 29 documents.