SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
11100893DBe it enacted by the General Assembly of Virginia:
1. That § 28.2-526 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-526. Oyster measures; standards; penalty.
A. It Except as provided in
subsection B, C or D, it is unlawful for any person to buy or sell
oysters in the shell by any measure other than one-half :
1. One-half bushel or one bushel metallic measures except as provided in
subsection B, C or D of this section.
Such measures containers
shall be iron
metallic circular tubs with straight sides and straight bottoms with and may
have holes, if
desired, for draining one inch in diameter. A half-bushel tub shall have the following dimensions, all
measured from inside to inside: fifteen inches across the top, thirteen inches
across the bottom, and seventeen inches diagonally from the inside chine to the
top; and a bushel tub shall measure 18 1/2 inches across the top, seventeen
inches across the bottom, and 21 1/2 inches diagonally from the inside chine to
the top. Oysters harvested from the public rocks in the Potomac River or its
tributaries may be bought or sold in one bushel metallic measures which shall
measure eighteen inches across the top, 16 1/2 inches across the bottom, and
twenty-one inches diagonally from the inside chine to the top. Such metallic measure must containers shall be level full across the entire top of the measure container
to be considered a full measure; or
2. A one bushel container, the make and model of which has been approved by the Commission.
Any seller of oysters or oyster shells who fails to furnish at the point of landing a full measure as defined in this section, or a buyer of any seed oysters or oyster shells who accepts less than a full measure as defined in this section, is guilty of a Class 1 misdemeanor.
B. Oysters may be sold in containers of a size greater than 18 1/2 inches across the top, seventeen inches across the bottom, and 21 1/2 inches diagonally from the inside chine to the top if such container has been approved by the Commissioner and its use to measure oysters has been approved by both the buyer and seller.
C. On the eastern or ocean side of the Eastern Shore, oysters may be sold without being measured if both the buyer and the seller agree to the number of bushels of oysters in the transaction.
D. Cultured oysters in the shell may be sold in any measure or container agreeable to the buyer and seller.