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2017 SESSION

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SB 1195 Produce safety; farm inspections, civil penalty.

Introduced by: Richard H. Stuart | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Produce safety; farm inspections; civil penalty. Prohibits certain farms from violating the federal regulations that set minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables. The bill authorizes the Board of Agriculture and Consumer Services to adopt regulations to carry out the purposes of the law and gives the Commissioner of Agriculture and Consumer Services free access at reasonable hours to certain farms to inspect the farms and take samples. The Commissioner also is authorized to seize certain produce if he believes it is being grown, kept, or exposed for sale or held in violation of federal regulations or state law, and the bill provides a court process by which the seizure may be contested. The bill authorizes the Board to levy a civil penalty of up to $1,000 per violation, to be deposited in the Virginia Natural Resources Commitment Fund. The bill includes provisions that would cause it to expire upon the repeal of the relevant federal law, the granting of an exemption under such federal law, or the cessation of federal funding.

SUMMARY AS PASSED SENATE:

Produce safety; farm inspections; civil penalty. Prohibits certain farms from violating the federal regulations that set minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables. The bill authorizes the Board of Agriculture and Consumer Services to adopt regulations to carry out the purposes of the law and gives the Commissioner of Agriculture and Consumer Services free access at all reasonable hours to any farm to inspect the farm and take samples. The Commissioner also is authorized to seize certain produce if he believes it is being grown, kept, or exposed for sale or held in violation of federal regulations or state law. The bill authorizes the Board to levy a civil penalty of up to $1,000 per violation, to be deposited in the Stormwater Local Assistance Fund. The bill includes provisions that would cause it to expire upon the repeal of the relevant federal law, the granting of an exemption under such federal law, or the cessation of federal funding.

SUMMARY AS INTRODUCED:

Produce safety; farm inspections; Agriculture Civil Penalty Fund; penalties. Prohibits certain farms from violating the federal regulations that set minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables. The bill authorizes the Board of Agriculture and Consumer Services to adopt regulations to carry out the purposes of the law and gives the Commissioner of Agriculture and Consumer Services free access at all reasonable hours to any farm to inspect the farm and take samples. The Commissioner also is authorized to seize certain produce if he believes it is being grown, kept, or exposed for sale or held in violation of federal regulations or state law. The bill makes the act of obstructing an inspector a Class 2 misdemeanor and of violating any other provision of the law or a Board regulation a Class 1 misdemeanor. In lieu of a criminal penalty, the Board is authorized to levy a civil penalty of up to $1,000 per violation, to be deposited in an Agriculture Civil Penalty Fund that is created by the bill.