2011 SESSION

Convened January 12, 2011 -

AGRICULTURE, HORTICULTURE, AND FOOD

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Agricultural and Forestal Districts Act; creates program administrator, administrator and advisory committee review of applications. Amending §§ 15.2-4302 through 15.2-4305, 15.2-4307, 15.2-4309, 15.2-4310, and 15.2-4314; repealing § 15.2-4308. (Patron-Landes, HB 2078 (Chapter 344); Hanger, SB 1092 (Chapter 355))

Agricultural animals; care by owner, penalty. Amending §§ 3.2-6500 and 3.2-6569; adding § 3.2-6503.1. (Patron-Orrock, HB 1541 (Chapter 754); Puckett, SB 1026 (Chapter 886))

Agricultural net energy metering; creates a category of eligible customer-generators under program for operators of facilities. Amending § 56-594. (Patron-Toscano, HB 1685 (F))

Agriculture and Consumer Services, Board of; presidents of Virginia Polytechnic Institute and State University and Virginia State University may appoint designees and have voting privileges. Amending § 3.2-109. (Patron-Wilt, HB 1759 (Chapter 98); Stanley, SB 1380 (Chapter 185))

Agriculture and Consumer Services, Virginia Department of; revises laws governing manufacture and application of fertilizer, penalties. Amending §§ 3.2-3600, 3.2-3601, 3.2-3602.1, 3.2-3605 through 3.2-3613, 3.2-3615, 3.2-3619, 3.2-3620, and 3.2-3621; adding §§ 3.2-3624 and 3.2-3625; repealing § 3.2-3623. (Patron-Poindexter, HB 2057 (Chapter 564); Stuart, SB 990 (Chapter 552))

Animal abuser registry; established. Adding § 3.2-6571.1. (Patron-Marshall, D.W., HB 1930 (F))

Animal care; adoption of regulations that permit non-commercial, intrastate transportation by law-enforcement officers, etc. (Patron-Reynolds, SB 249 (CD))

Animal care; enforcement procedures and standards related to animal cruelty. Amending §§ 3.2-6500, 3.2-6511, 3.2-6557, 3.2-6569, and 3.2-6570; repealing § 3.2-6570.1. (Patron-Ware, R.L., HB 2482 (F))

Animal care; redefines home-based rescue to remove requirement that rescue operates primarily for purpose of finding permanent adoptive homes for companion animals. Amending §§ 3.2-6500, 3.2-6548, and 3.2-6549. (Patron-Bell, Richard P., HB 2312 (F))

Animal control officers; clarifies duties and responsibilities. Amending § 3.2-6555. (Patron-Armstrong, HB 1056 (CD))

Aquaculture opportunity zones; removes authority of Marine Resources Commission to establish commercial shellfish zones in which temporary protective enclosures can be placed in certain waters. Amending § 28.2-603. (Patron-Northam, SB 963 (Chapter 314))

Aquaculture production activities; authority of local governments. Amending §§ 3.2-300 and 3.2-301. (Patron-Norment, SB 1190 (F))

Bear hound training; allows training of dogs to hunt bears to occur at night. Amending § 29.1-520. (Patron-Wilt, HB 1556 (F))

Boards, commissions, and councils; makes policy improvements and clarifications. Amending §§ 2.2-306, 2.2-1503, 2.2-2261, 2.2-2282, 2.2-2400, 2.2-2404, 2.2-2413, 2.2-2666.1, 2.2-2669, 2.2-2696, 2.2-2699.1, 2.2-2699.5, 3.2-1301, 3.2-1401, 3.2-1501, 3.2-1601, 3.2-1700, 3.2-1801, 3.2-1901, 3.2-2101, 3.2-2201, 3.2-2301, 3.2-2401, 3.2-2501, 3.2-3001, 3.2-4022, 9.1-108, 9.1-202, 10.1-1102, 10.1-1800, 10.1-2136, 22.1-164, 22.1-337, 22.1-346.2, 23-30.25, 23-253.1, 54.1-2950.1, 54.1-2956, 54.1-2956.8, 54.1-2956.11, 54.1-2957.5, and 63.2-1735. (Patron-Cole, HB 1842 (Chapter 691); McWaters, SB 1280 (Chapter 714))

Cats and dogs; requires veterinarians to keep records of devocalization procedures, penalty. Amending § 3.2-6570; adding § 54.1-3812.2. (Patron-Hope, HB 2195 (F))

Cattle Industry Board; name change to Beef Industry Council. Amending §§ 3.2-1100 and 3.2-1301 through 3.2-1306. (Patron-Hanger, SB 1079 (Chapter 158))

Chesapeake Bay crab meat; containers of crab meat that are labeled as such to include at least 51 percent by weight, crab taken from Chesapeake Bay. Amending § 3.2-5123. (Patron-Lewis, HB 2186 (F))

Companion animals; court may include in protective order provisions prohibiting harm. Amending §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Scott, J.M., HB 285 (CD))

Constitutional amendment; forest harvesting and silvicultural activity equipment exempt from taxation (first reference). Amending Section 6 of Article X. (Patron-Hurt, SJR 95 (CD))

Contraband and unstamped cigarettes; decreases threshold possession amount that triggers mandatory jail time. Amending §§ 3.2-4212 and 58.1-1017. (Patron-Martin, SB 1267 (F))

Damage of crops and livestock; adds deer, elk, and bear to those animals that may be lawfully killed when damaging personal property. Amending § 29.1-529. (Patron-Stuart, SB 868 (F))

Endangered and threatened species; consolidates various programs administered by Virginia Department of Agriculture and Consumer Services, et al. Amending §§ 10.1-113, 10.1-1022.1, 28.2-1104, and 29.1-100; adding §§ 29.1-900 through 29.1-937; repealing §§ 3.2-1000 through 3.2-1011, 10.1-209 through 10.1-217, and 29.1-563 through 29.1-570. (Patron-Stuart, SB 968 (F))

Fertilizer; regulation of application and labeling. Amending §§ 3.2-3602, 3.2-3611, 10.1-104.2, 10.1-603.7, and 15.2-924.1; adding §§ 3.2-3607.1 and 10.1-104.5. (Patron-McDougle, SB 922 (I) See SB1055)

Fertilizer; regulation of application and labeling, report. Amending §§ 3.2-3600, 3.2-3602, 3.2-3602.1, 3.2-3607, 3.2-3611, 10.1-104.2, and 10.1-603.7; adding §§ 3.2-3607.1, 3.2-3607.2, and 10.1-104.5; repealing § 15.2-924.1. (Patron-Scott, E.T., HB 1831 (Chapter 341); Stuart, SB 1055 (Chapter 353))

Fertilizer and deicing agents; regulation of application, report. Amending §§ 3.2-3600, 3.2-3602.1, 3.2-3610, and 3.2-3611; adding § 3.2-3611.1. (Patron-Ware, R.L., HB 2463 (I) See HB1831)

Fertilizer and deicing agents; requires certain localities to regulate sale and application. Amending § 15.2-924.1; adding § 10.1-104.5. (Patron-Morrissey, HB 2348 (I) See HB1831)

Fertilizer products; requires labeling to include directions for proper use and precautionary statements. Amending § 3.2-3611. (Patron-Marsden, SB 582 (CD))

Home food inspections; exempts private home whose resident processes and prepares honey produced from hives owned by resident. Amending § 3.2-5130. (Patron-Hanger, SB 1108 (Chapter 316))

Home food inspections; exempts private homes that process certain pickles and vegetables. Amending § 3.2-5130. (Patron-McDougle, SB 920 (F))

Humane investigators; allows appointment thereof. Amending §§ 3.2-6558, 3.2-6559, and 3.2-6560. (Patron-Scott, J.M., HB 1143 (CD); Armstrong, HB 2108 (F))

Humane investigators; appointment. Amending §§ 3.2-6558, 3.2-6559, 3.2-6560, and 3.2-6561. (Patron-Petersen, SB 842 (F))

Income tax, state; agricultural best management practices tax credits. Amending § 58.1-339.3. (Patron-Whipple, SB 974 (Chapter 352))

Income tax, state; allows taxpayer to transfer tax credits that he receives for agricultural best management practices to another taxpayer. Amending § 58.1-339.3. (Patron-Lewis, HB 2516 (F))

Income tax, state and corporate; credit for electric energy facility producing electricity primarily from agricultural livestock waste nutrients. Adding § 58.1-439.12:03. (Patron-Gilbert, HB 1341 (CD); Hanger, SB 678 (CD))

Income tax, state and corporate; tax credit for facilities using agricultural livestock waste nutrients to produce electricity. Adding § 58.1-439.12:06. (Patron-Hanger, SB 1101 (F))

Land preservation tax credits; refunded by the Tax Commissioner, establishes Local Purchase of Development Rights Matching Grant Fund. Amending §§ 3.2-201 and 58.1-513; adding § 3.2-201.1. (Patron-Hanger, SB 1088 (F))

Law-enforcement canines; regulation of rabies. Amending § 3.2-6522. (Patron-Barlow, HB 2134 (F))

Lawn fertilizers; prohibits use and application of those that contain phosphorus. Amending § 10.1-104; adding § 10.1-104.5. (Patron-Plum, HB 329 (CD); Plum, HB 1751 (I) See HB1831)

Lawn fertilizers; regulation of application and labeling. Amending §§ 3.2-3600, 3.2-3601, 3.2-3602, 3.2-3602.1, and 3.2-3611; adding §§ 3.2-3602.01, 3.2-3602.2, and 3.2-3611.1. (Patron-Whipple, SB 1465 (I) See SB1055)

Master Settlement Agreement; regulation of cigarette manufacturers. Amending § 3.2-4207. (Patron-McDougle, SB 1059 (Chapter 846))

Motor fuel inspection; affixation of decal showing state and federal taxes. Amending §§ 3.2-5609 and 59.1-152. (Patron-Obenshain, SB 1210 (F))

Open-space land; expands definition. Amending § 10.1-1700. (Patron-Knight, HB 1621 (Chapter 85); Hanger, SB 1104 (Chapter 159))

Overweight farm machinery and agricultural multipurpose drying units; prohibits operation on any Interstate Highway System component when axle and gross weights are over certain amounts. Amending § 46.2-1102. (Patron-Scott, E.T., HB 1558 (Chapter 331))

Overweight permits; provides for issuance for operation of certain vehicles used for hauling farm animal feed. Adding § 46.2-1144.2. (Patron-Scott, E.T., HB 1827 (F))

Packaged ice; any person who establishes, etc., ice plant or offers to sell ice for human consumption to obtain an annual license. Adding §§ 3.2-5517 through 3.2-5533. (Patron-Ebbin, HB 2048 (F))

Protective orders; court may include in provisions prohibiting harm to companion animal and damage to any item of personal property. Amending §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10. (Patron-Scott, J.M., HB 1716 (I) See HB2063)

Renewable energy portfolio standard program; electric generation facilities fueled primarily by poultry litter or other animal waste will receive quintuple credit toward meeting goals. Amending § 56-585.2. (Patron-Gilbert, HB 1342 (CD))

Renewable portfolio standard program; forest products. Amending § 56-585.2. (Patron-Stuart, SB 875 (F))

Retail Sales and Use Tax; exempts certain agricultural produce when sold in farmers markets and roadside stands. Amending §§ 58.1-609.2 and 58.1-1707. (Patron-Pollard, HB 1942 (Chapter 466))

Tobacco Indemnification and Community Revitalization Commission; establishes position of Inspector General. Adding § 3.2-3112. (Patron-Brink, HB 1800 (I) See HB2076)

Tobacco Indemnification and Community Revitalization Commission; performance audit, report. Adding § 3.2-3109.1. (Patron-Armstrong, HB 2115 (F))

Tobacco Indemnification and Community Revitalization Commission; replaces legislators with nonlegislative citizen members. Amending § 3.2-3102. (Patron-Armstrong, HB 2114 (F))

Tobacco Master Settlement Agreement; bond requirements and escrow payments by certain manufacturers. Amending §§ 3.2-4206.1 and 3.2-4211. (Patron-Martin, SB 1268 (Chapter 297))

Tracking dogs; may be used to find wounded or dead bear or deer. Adding § 29.1-516.1. (Patron-Wilt, HB 1889 (Chapter 459))

Virginia Farmland Preservation Fund; created. Amending § 3.2-201. (Patron-Knight, HB 1725 (Chapter 95); Hanger, SB 1105 (Chapter 160))

Virginia Property Owners’ Association Act; notice to lot owners of pesticide use. Adding § 55-510.3. (Patron-Sickles, HB 2290 (Chapter 264))

Virginia Public Procurement Act; establishes preference in state contracting for goods produced in State, etc. Amending §§ 2.2-1111 and 2.2-4324. (Patron-Reynolds, SB 1443 (F))

Virginia-grown food products; purchase by state agencies and institutions and local school divisions. Amending §§ 2.2-1111 and 2.2-4345. (Patron-Kory, HB 1549 (F); Hanger, SB 1090 (F))

Weights and measures; imposition of fee used for inspecting and testing petroleum dispensing pumps. Amending §§ 3.2-5609 and 62.1-44.34:13. (Patron-Whipple, SB 973 (F))

Workers’ compensation; increases number of full-time farm and horticultural laborers an employee may have in service and remain exempt from requirements thereof. Amending § 65.2-101. (Patron-Wright, HB 2401 (Chapter 665))