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2001 SESSION


CHAPTER 17
An Act to amend and reenact §§ 2.1-1.6, 3.1-4.1, 3.1-73.3, 3.1-73.5, and 9-6.25:2 of the Code of Virginia, and the part of Chapter 375 of the Acts of Assembly of 1986 carried by reference in the Code of Virginia as § 3.1-73.1, and to repeal § 3.1-73.2 of the Code of Virginia, relating to the powers of the Virginia Farmers Market Board.
[H 1980]
Approved February 21, 2001

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-1.6, 3.1-4.1, 3.1-73.3, 3.1-73.5, and 9-6.25:2 of the Code of Virginia and the part of Chapter 375 of the Acts of Assembly of 1986 carried by reference in the Code of Virginia as § 3.1-73.1 are amended and reenacted as follows:

§ 2.1-1.6. State boards.

A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:

Accountancy, Board of

Agriculture and Consumer Services, Board of

Air Pollution, State Advisory Board on

Alcoholic Beverage Control Board, Virginia

Apple Board, Virginia State

Appomattox State Scenic River Advisory Board

Aquaculture Advisory Board

Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for

Art and Architectural Review Board

Athletic Training, Advisory Board on

Auctioneers Board

Audiology and Speech-Language Pathology, Board of

Aviation Board, Virginia

Barbers and Cosmetology, Board for

Blind and Vision Impaired, Virginia Board for the

Branch Pilots, Board for

Bright Flue-Cured Tobacco Board, Virginia

Building Code Technical Review Board, State

Catoctin Creek State Scenic River Advisory Board

Cattle Industry Board, Virginia

Cave Board

Cemetery Board

Certified Seed Board, State

Charity Food Assistance Advisory Board

Chesapeake Bay Local Assistance Board

Chickahominy State Scenic River Advisory Board

Child Abuse and Neglect, Advisory Board on

Chippokes Plantation Farm Foundation, Board of Trustees

Clinch Scenic River Advisory Board

Coal Mining Examiners, Board of

Coal Research and Development Advisory Board, Virginia

Coal Surface Mining Reclamation Fund Advisory Board

Conservation and Development of Public Beaches, Board on

Conservation and Recreation, Board of

Contractors, Board for

Corn Board, Virginia

Correctional Education, Board of

Corrections, State Board of

Counseling, Board of

Criminal Justice Services Board

Dark-Fired Tobacco Board, Virginia

Deaf and Hard-of-Hearing, Advisory Board for the Department for the

Dentistry, Board of

Design-Build/Construction Management Review Board

Education, State Board of

Egg Board, Virginia

Emergency Medical Services Advisory Board, State

Farmers Market Board, Virginia

Fire Services Board, Virginia

Forestry, Board of

Funeral Directors and Embalmers, Board of

Game and Inland Fisheries, Board of

Geology, Board for

Goose Creek Scenic River Advisory Board

Health Planning Board, Virginia

Health Professions, Board of

Health, State Board of

Hearing Aid Specialists, Board for

Hemophilia Advisory Board

Historic Resources, Board of

Housing and Community Development, Board of

Irish Potato Board, Virginia

Juvenile Justice, State Board of

Litter Control and Recycling Fund Advisory Board

Marine Products Board, Virginia

Medical Advisory Board, Department of Motor Vehicles

Medicare and Medicaid, Advisory Board on

Medicine, Board of

Mental Health, Mental Retardation and Substance Abuse Services Board, State

Migrant and Seasonal Farmworkers Board

Military Affairs, Board of

Mineral Mining Examiners, Board of

Minority Business Enterprise, Interdepartmental Board of the Department of

Networking Users Advisory Board, State

Neurotrauma Initiative Advisory Board, Commonwealth

North Meherrin State Scenic River Advisory Board

Nottoway State Scenic River Advisory Board

Nursing, Board of

Nursing Home Administrators, Board of

Occupational Therapy, Advisory Board of

Oil and Gas Conservation Board, Virginia

Opticians, Board for

Optometry, Board of

Peanut Board, Virginia

Personnel Advisory Board

Pesticide Control Board

Pharmacy, Board of

Physical Therapy, Board of

Plant Pollination Advisory Board

Polygraph Examiners Advisory Board

Pork Industry Board, Virginia

Poultry Products Board, Virginia

Private College Advisory Board

Private Security Services Advisory Board

Professional and Occupational Regulation, Board for

Professional Soil Scientists, Board for

Psychiatric Advisory Board

Psychology, Board of

Public Broadcasting Board, Virginia

Public Buildings Board, Virginia

Public Guardian and Conservator Advisory Board

Radiation Advisory Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Recreational Fishing Advisory Board, Virginia

Reforestation Board

Rehabilitation Providers, Advisory Board on

Rehabilitative Services, Board of

Respiratory Care, Advisory Board on

Rockfish State Scenic River Advisory Board

Safety and Health Codes Board

Seed Potato Board, State

Sewage Handling and Disposal Appeal Review Board, State Health Department

Shenandoah State Scenic River Advisory Board

Small Business Advisory Board

Small Business Environmental Compliance Advisory Board

Small Grains Board, Virginia

Social Services, Board of

Social Work, Board of

Soil and Water Conservation Board, Virginia

Soybean Board, Virginia

State Air Pollution Control Board

Substance Abuse Certification Board

Surface Mining Review, Board of

Sweet Potato Board, Virginia

T & M Vehicle Dealers' Advisory Board

Teacher Education and Licensure, Advisory Board on

Transportation Board, Commonwealth

Transportation Safety, Board of

Treasury Board, The, Department of the Treasury

Veterans' Affairs, Board on

Veterinary Medicine, Board of

Virginia Board for Asbestos and Lead

Virginia Coal Mine Safety Board

Virginia Correctional Enterprises Advisory Board

Virginia Cotton Board

Virginia Employment Commission, State Advisory Board for the

Virginia Geographic Information Network Advisory Board

Virginia Horse Industry Board

Virginia Manufactured Housing Board

Virginia Retirement System, Board of Trustees

Virginia Schools for the Deaf and the Blind, Advisory Commission on the

Virginia Sheep Industry Board

Virginia Veterans Cemetery Board

Virginia Waste Management Board

Voluntary Formulary Board, Virginia

(For effective date - See notes) Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board

War Memorial Foundation, Virginia, Board of Trustees

Waste Management Facility Operators, Board for

Water Resources Research Center Statewide Advisory Board, Virginia

Waterworks and Wastewater Works Operators, Board for

Well Review Board, Virginia.

B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:

Compensation Board

State Board of Elections

State Water Control Board

Virginia Parole Board

Virginia Veterans Care Center Board of Trustees.

§ 3.1-4.1. Additional powers of the Board.

A. All commodity commissions established within the Department shall report their activities to the Board on an annual basis. This report will be in a format as prescribed by the Board. The Board may review activities of the commodity commissions and make such recommendations concerning their programs as it deems fit.

B. The Board shall oversee the development of a farmers' market system.

Article 3.
Farmers' Market Board System.

§ 3.1-73.1. Declaration of policy.

The General Assembly finds and declares that agriculture is important to the prosperity of the Commonwealth, and is a major source of income to a large segment of the Commonwealth's population. Additionally, it declares that the establishment of a Virginia wholesale, shipping point and retail farmers' market system throughout the Commonwealth, in cooperation with local cities, towns, counties, or combinations thereof, will enhance the overall economy of Virginia's agricultural industry and promote tourism. Such a system will provide consumers with fresh, properly prepared and marketable fruits, vegetables, horticultural plants, handicrafts, and other agricultural products produced and marketed in Virginia. In order to develop this system of farmers markets in coordination with the Department of Agriculture and Consumer Services, there shall be created a Farmers Market Board.

§ 3.1-73.3. Development of farmers' market system.

The purposes of the Farmers Market Board In overseeing the development of a farmers' market system, the Board of Agriculture and Consumer Services shall be:

1. To Identify farmers' market needs throughout the Commonwealth.;

2. To Promote the orderly growth and development of farmers' markets.;

3. To Encourage where appropriate and feasible the use of present authorities and funding mechanisms as provided in Chapter 9 (§ 3.1-47 et seq.) of this title.;

4. To Promote public awareness of farmers' markets.;

5. To Promote the coordination of Virginia's farmers' market development with other segments of the Commonwealth's economy, such as tourism, horticultural production and marketing, fruit and vegetable production and marketing, retail trade, wholesale trade, intrastate marketing, interstate marketing, and new marketing ventures such as electronic marketing; and

6. To assist in the coordination activities of various state agencies and other organizations contributing to the development of Virginia's farmers market system.

7. To develop a comprehensive statewide master plan for the development of the network.

8. To develop and adopt network policy, including:

a. Guidelines for fees to be charged at the markets;

b. Standards for evaluating market and network operations;

c. Recommended criteria for inclusion of markets in the state network in the future;

d. Recommended changes in management of markets;

e. Recommended guidelines for award of contracts for market management.

9. To review and comment on budget proposals for the network.

10. To Advise the Governor on the development of the system of state-owned farmers' market network facilities.

§ 3.1-73.5. Commissioner to manage farmers' market operations.

A. In order to establish, operate and maintain a network system of state-owned farmers' markets market facilities within the Commonwealth, the Commissioner or his designee shall have the authority to carry out the provisions of this article, including the power to:

1. Cooperate with various state agencies and other organizations contributing to the development of the farmers' market system;

2. Develop and implement policy for the management of state-owned farmers' market facilities, including:

a. Guidelines for fees to be charged at the markets;

b. Standards for evaluating market operations;

c. Criteria for the expansion of existing state-owned farmers' market facilities and the establishment of new markets in the future;

d. Changes in management of markets; and

e. Guidelines for the award of contracts for market management;

3. Employ such personnel as necessary to operate the system of markets in accordance with the Virginia Personnel Act (§ 2.1-110 et seq.);

2. 4. Receive and dispense funds;

3. 5. Develop and manage a program budget for the farmers' market network system;

4. 6. Provide marketing and promotional services for the farmers' market network system;

5. 7. Develop detailed technical plans for, acquire or build, and manage the farmers' market network system;

6. 8. Conduct such studies as are necessary to ensure the success of the farmers' market network system;

7. Acquire necessary insurance, licenses, and permits for the operation of the market network;

8. 9. Make contracts and agreements and execute other instruments necessary for the operation of the farmers' market network system;

9. 10. Enter into agreements with and accept grants from any governmental agency in furtherance of this article;

10. 11. Enter into joint ventures with cities, towns, counties or combinations thereof in developing wholesale, shipping point, and retail farmers' markets; and

11. 12. Rent or purchase land and facilities as deemed necessary to establish markets or to enhance farmers market development.

B. If a market in the network is operated pursuant to a contract between the Commissioner and the market operator, such contract shall require that the operator annually submit to the Commissioner and the Board a plan for, and a report on, the operation of the market. The plan shall describe the operator's goals for the coming year as to the acreage to be served by the market, the types of crops to be sold at the market, and the number of brokers, buyers and producers to utilize the market. The report shall describe the extent to which the goals for the previous year were met. The Commissioner shall annually submit a report summarizing the market operators' reports and plans to the Chairmen of the House Committee on Agriculture, the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Appropriations, and the Senate Committee on Finance.

C. The Commissioner shall report annually to the Board of Agriculture and Consumer Services regarding the receipt and expenditure of funds as well as the policies, programs and activities of the market operators in the state-owned farmers' market facilities.

§ 9-6.25:2. Policy boards, commissions and councils.

There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following policy boards, commissions and councils:

Apprenticeship Council

Auctioneers Board

Blue Ridge Regional Education and Training Council

Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects

Board for Barbers and Cosmetology

Board for Contractors

Board for Geology

Board for Hearing Aid Specialists

Board for Opticians

Board for Professional and Occupational Regulation

Board for Professional Soil Scientists

Board for Waterworks and Wastewater Works Operators

Board of Accountancy

Board of Agriculture and Consumer Services

Board of Audiology and Speech-Language Pathology

Board of Coal Mining Examiners

Board of Conservation and Recreation

Board of Correctional Education

Board of Counseling

Board of Dentistry

Board of Funeral Directors and Embalmers

Board of Health Professions

Board of Historic Resources

Board of Housing and Community Development

Board of Medical Assistance Services

Board of Medicine

Board of Mineral Mining Examiners

Board of Nursing

Board of Nursing Home Administrators

Board of Optometry

Board of Pharmacy

Board of Physical Therapy

Board of Psychology

Board of Social Services

Board of Social Work

Board of Surface Mining Review

Board of Veterinary Medicine

Board on Conservation and Development of Public Beaches

Cemetery Board

Chesapeake Bay Local Assistance Board

Child Day-Care Council

Commission on Local Government

Commonwealth Transportation Board

Council on Human Rights

Criminal Justice Services Board

Design-Build/Construction Management Review Board

Disability Services Council

Farmers Market Board, Virginia

Interdepartmental Council on Rate-setting for Children's Facilities

Library Board, The Library of Virginia

Marine Resources Commission

Milk Commission

Pesticide Control Board

Real Estate Appraiser Board

Real Estate Board

Reciprocity Board, Department of Motor Vehicles

Safety and Health Codes Board

Specialized Transportation Council

State Air Pollution Control Board

State Board of Corrections

State Board of Elections

State Board of Health

State Board of Juvenile Justice

State Health Department, Sewage Handling and Disposal Appeal Review Board

State Mental Health, Mental Retardation and Substance Abuse Services Board

State Seed Potato Board

State Water Control Board

Substance Abuse Certification Board

Treasury Board, The, Department of the Treasury

Virginia Aviation Board

Virginia Board for Asbestos and Lead

Virginia Fire Services Board

Virginia Gas and Oil Board

Virginia Health Planning Board

Virginia Manufactured Housing Board

Virginia Parole Board

Virginia Public Broadcasting Board

Virginia Soil and Water Conservation Board

Virginia Voluntary Formulary Board

Virginia Waste Management Board

Virginia Workforce Council

(Contingent effective date) Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board

Waste Management Facility Operators, Board for.

Wireless E-911 Services Board.

2. That § 3.1-73.2 of the Code of Virginia is repealed.