Terms Used In Virginia Code > Title 2.2 > Subtitle I > Part C > Chapter 11 > Article 3 - Division of Purchases and Supply.

• Acquire: means :

  1. See Virginia Code 6.2-700

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural liming material: means any limestone with calcium and magnesium compounds that has the capacity, and whose intended purpose is, to neutralize soil acidity. See Virginia Code 3.2-3700
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means the person who applies for, or requests, a license, or applies for registration of any liming material; or applies to become a contractor. See Virginia Code 3.2-3700
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquaculture: means the propagation, rearing, enhancement, and harvest of aquatic organisms in controlled or selected environments, conducted in marine, estuarine, brackish, or fresh water. See Virginia Code 3.2-2600
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bank holding company: has the meaning assigned to it in Virginia Code 6.2-700
• Beekeeper: means any person who keeps and manages bees for profit, and shall include those growers who keep bees for pollinating crops. See Virginia Code 3.2-2800
• Bequest: Property gifted by will.
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Board: means the governing board of the Commonwealth Savers Plan. See Virginia Code 2.2-2744
• Brand: means a term, design, trademark or product name under which a regulated product is distributed. See Virginia Code 3.2-3600
• Brand: means the term, designation, trademark, product name or other specific designation under which any liming material is offered for sale. See Virginia Code 3.2-3700
• Bulk: means materials in nonpackaged form. See Virginia Code 3.2-3700
• Burnt: means any agricultural liming material with calcium and magnesium compounds capable of neutralizing soil acidity, and that consists essentially of calcium oxide, or a combination of calcium oxide and magnesium oxide. See Virginia Code 3.2-3700
• Calcium carbonate equivalent: means the acid neutralizing capacity of any liming material, expressed as weight percentage of calcium carbonate. See Virginia Code 3.2-3700
• Chambers: A judge's office.
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Committee: means the Program Advisory Committee established pursuant to § Virginia Code 2.2-2744
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any person required to hold a permit to sell any bulk liming material to the consumer pursuant to § Virginia Code 3.2-3700
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Cross pollination: means the transfer of pollen from the anthers of blossoms to the stigmas of other blossoms of the same crops or a variety of the same crop. See Virginia Code 3.2-2800
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients, or from lack of uniformity. See Virginia Code 3.2-3600
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or in any way alter, the chemical or physical characteristics of a regulated product, or to offer for sale, sell, barter, warehouse or otherwise supply regulated product in the Commonwealth. See Virginia Code 3.2-3600
• Distributor: means any person who distributes. See Virginia Code 3.2-3600
• Distributor: means any person who imports or consigns, manufactures, produces, compounds, mixes, or blends any liming material, or who offers for sale, sells, barters or otherwise supplies any liming material. See Virginia Code 3.2-3700
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Eligible employee: means any individual who is (i) 18 years of age or older, (ii) currently employed at least 30 hours a week, and (iii) receiving wages. See Virginia Code 2.2-2744
• Eligible employer: means a nongovernmental business, industry, trade, profession, or other enterprise in the Commonwealth, whether conducted on a for-profit or nonprofit basis, that employed 25 or more eligible employees, as reported to the Virginia Employment Commission pursuant to 16VAC5-32-20, or any successor regulation, for the quarter ending December 31 and the preceding three quarters of the preceding calendar year and has been operating for at least two years prior to Program implementation. See Virginia Code 2.2-2744
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means any corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• ENV: means a relative value using the calcium oxide content, magnesium oxide content and fineness to express the effectiveness of an agricultural liming material in neutralizing soil acidity. See Virginia Code 3.2-3700
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Fertilizer: means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, and which is designed for use, or claimed to have value, in promoting plant growth. See Virginia Code 3.2-3600
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union. See Virginia Code 6.2-100
• Financial institution holding company: means any person that has control over any financial institution or that has control over any person that controls any financial institution. See Virginia Code 6.2-700
• Fineness: means the percentage by weight of the material that will pass through United States Standards sieves of specified sizes. See Virginia Code 3.2-3700
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grower: means any person actually engaged in the growing and producing of bright flue-cured tobacco or type 21 dark-fired tobacco. See Virginia Code 3.2-2400
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Handler: means any person who purchases small grains from a producer and any producer who transports and sells his own small grains out of state. See Virginia Code 3.2-2200
• Handler: means any manufacturer, dealer, processor, or any other business entity that purchases tobacco directly from the grower. See Virginia Code 3.2-2400
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial co-product used to neutralize soil acid: means a waste or by-product of an industrial process that contains any compound not normally found in limestone that has the capacity, and whose intended purpose is, to neutralize soil acidity. See Virginia Code 3.2-3700
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• IRA: means a Roth or traditional individual retirement account or annuity under § 408 or 408A of the Internal Revenue Code. See Virginia Code 2.2-2744
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. ^{Source: U.S. Courts}
• Kind: means one of the two classes of liming material. See Virginia Code 3.2-3700
• Label: means any written or printed matter on, or attached to, the package, or on the delivery ticket that accompanies bulk shipments, of any liming material. See Virginia Code 3.2-3700
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means the person who receives a license to distribute any regulated product under the provisions of this chapter. See Virginia Code 3.2-3600
• licensee: means the person issued a license to distribute any liming material in the Commonwealth. See Virginia Code 3.2-3700
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limestone: means a material consisting essentially of calcium carbonate, or a combination of calcium carbonate and magnesium carbonate, capable of neutralizing soil acidity. See Virginia Code 3.2-3700
• Liming material: means any agricultural liming material and any industrial co-product used to neutralize soil acid. See Virginia Code 3.2-3700
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Lot: means an identifiable quantity of produced material that can be sampled officially according to AOAC International procedures, up to and including a freight car load or 50 tons maximum, or that amount contained in a single vehicle, or that amount delivered under a single invoice. See Virginia Code 3.2-3600
• Manufacturer: means any person who manufactures, produces, compounds, mixes, blends, or in any way alters the chemical or physical characteristics of any regulated product. See Virginia Code 3.2-3600
• Manufacturer: means any person who manufactures, produces, compounds, mixes, blends, imports or consigns liming material, or who offers for sale, sells, barters or otherwise supplies liming material. See Virginia Code 3.2-3700
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official analysis: means the analysis of an official sample, made by the Commissioner. See Virginia Code 3.2-3600
• Official sample: means the sample of regulated product taken by the Commissioner. See Virginia Code 3.2-3600
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Out-of-state bank holding company: means a bank holding company that has as its home state a state other than the Commonwealth. See Virginia Code 6.2-700
• Participating employee: means any eligible employee who is enrolled in the Program. See Virginia Code 2.2-2744
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payroll deposit retirement savings agreement: means an arrangement by which an employer allows employees to remit payroll deduction contributions to the Program. See Virginia Code 2.2-2744
• percentage: means by weight. See Virginia Code 3.2-3700
• Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

  6. See Virginia Code 8.01-2

• person: includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this Commonwealth and whether or not organized under the laws of this Commonwealth. See Virginia Code 8.01-328
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the Commonwealth Savers Plan. See Virginia Code 2.2-2744
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Producer: means any person who has grown and sold small grains in the Commonwealth in the preceding three years. See Virginia Code 3.2-2200
• Program: means the state-facilitated IRA savings program established in this chapter and administered by the Plan. See Virginia Code 2.2-2744
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quantity statement: means the net weight (mass), net volume (liquid or dry), count or other form of measurement of a commodity. See Virginia Code 3.2-3700
• Quorum: The number of legislators that must be present to do business.
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registrant: means the person who registers regulated products, under the provisions of this chapter. See Virginia Code 3.2-3600
• Registrant: means the person registering any liming material pursuant to the provisions of this chapter. See Virginia Code 3.2-3700
• Regulated product: means any product governed by this chapter, including any fertilizer, specialty fertilizer, soil amendment, digestate, and horticultural growing medium. See Virginia Code 3.2-3600
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: shall include deputy sheriffs and such other persons designated in § Virginia Code 8.01-2
• Small grains: means barley, oats, rye, or wheat. See Virginia Code 3.2-2200
• Standard liming ton: means a ton of agricultural liming material with a calcium carbonate equivalent of 90 percent. See Virginia Code 3.2-3700
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• Statute: A law passed by a legislature.
• Subsidiary: means an entity over which another person has control. See Virginia Code 6.2-700
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a unit of 2000 pounds avoirdupois weight. See Virginia Code 3.2-3600
• Ton: means a unit of 2,000 pounds avoirdupois weight. See Virginia Code 3.2-3700
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Type: means the identification of the agricultural liming material as follows:

  1. See Virginia Code 3.2-3700

• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Virginia bank: means a bank that is organized under the laws of the Commonwealth or of the United States and that has the Commonwealth as its home state. See Virginia Code 6.2-700
• Virginia bank holding company: means a bank holding company that has the Commonwealth as its home state and is not controlled by a bank holding company other than a Virginia bank holding company. See Virginia Code 6.2-700
• Virginia financial institution: means a financial institution authorized to do business in the Commonwealth. See Virginia Code 6.2-700
• Virginia financial institution holding company: means any person that has control over any financial institution authorized to do business in the Commonwealth or has control over a person that controls any such financial institution. See Virginia Code 6.2-700
• Wages: means any compensation, as such term is defined in § 219(f)(1) of the Internal Revenue Code, that is paid to an eligible employee by his employer during the calendar year. See Virginia Code 2.2-2744
• Warehouse: means any person authorized by law to conduct auction sales of loose-leaf tobacco. See Virginia Code 3.2-2400
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.